Legitimate Instrument Research Articles

Pakistan: Withholdingisation of the Economic System—A Source of Revenue, Civil Strife, or Dutch Disease+?

The paper takes an incisive shot at the systemic inadequacies that have tiptoed into the economic order of the state over time via the apparently innocuous mechanism of withholding taxes. Withholding tax—a legitimate instrument of preponing the state revenues on clearly identifiable chunks of incomes—has historically been resorted to by most states, and to that extent it should be normal with Pakistan, too. However, what has happened in Pakistan is that the tool of withholding taxation has been used as a source of revenues way too large in scale, size, scope and intensity. In addition to the pulling forward of tax collection on clearly demarcated chunks of incomes, a large number of transactions have also been roped into its nexus and then charged to tax by presumptivising gross receipts as income—a withholdingisation of the sorts not only of the tax system but of the entire economic system as a weighty portion of ubiquitous withholding taxes gets stuck into the pricing structure of the final goods and services produced in the economy rendering them price-incompetitive in the international market. This overwhelming withholdingisation of the economic system, it is argued, has been brought about by a numb state continually operating under, using a Freudian framework, the “pleasure principle” instead of the “reality principle” with political governments complacently choosing to continue harvesting quick bucks into the exchequer, pushing the extractive system into a total disarray, the society into burgeoning civil strife, and the economy to the Dutch Disease effect.

O termo de ajuste de gestão como instrumento de controle externo consensual no Brasil

The consensual control of public management emerges in an atmosphere of hermeneutic reinterpretation of the traditional paradigms of public administration. Such changes perceived in a post-pandemic world are reflected in the research currently undertaken, highlighting a clear intensification of approaches to governance and heuristic strategies that seek to overcome problems, fostering critical studies on controlling action and its practical effects on resource management public. In this prospective sense, the present work aims to investigate to what extent the Management Adjustment Term (TAG), based on consensus among the actors involved, constitutes a legitimate instrument for the exercise of external control of the public administration by the brazilian Courts of Accounts (TC). The identification and exploratory analysis of the inducing and limiting elements of its celebration within the scope of the controlling bureaucracies, based on a qualitative approach to the data collected through interviews and document analysis, made it possible to highlight a parameterization deficit that can compromise legal certainty, isonomy and impersonality in the institutional relations established in the control processes. The empirical study of a sample of celebrated TAGs resulted in a circumstantial diagnosis of the low effectiveness of these instruments, concluding, prospectively, that their legitimacy depends on assumptions related to the reputation of the controlling bureaucracies before their audiences, permeating the recognition of their exceptionality and the risks inherent in their management.

Humanitarian Interventions after 1945: Multilateralism, Success Rate and the Impact of the Intervention on the Democratization Process of the Impacted States

Humanitarian interventions have long formed a controversial topic: they represent a violation of the nation-state’s sovereignty to fulfil a humanitarian mission. Intervening countries have always had to deal with suspicion of using humanitarian motives as cover for imperialism. Since 1945 it has become the international norm that the international community may act to prevent the most egregious acts of human rights violations. Modern developments and the UN’s acceptance of the Responsibility to Protect have advanced humanitarian intervention as a legitimate instrument to correct the most striking failures of states to uphold their responsibilities to their citizens. This study attempts to evaluate the effectiveness of humanitarian interventions. The goal of the study is to answer what impact an intervention has on the stability and democratization processes of the affected country. For this purpose, a quantitative analysis was performed using the publicly available data from the Humanitarian intervention dataset. This dataset contains data on 41 humanitarian interventions between 1945 and 2014. These were grouped based on whether there was a single or group intervening countries and whether the intervening side had the approval of relevant international organizations. The groups were then compared in terms of success in achieving a cessation of hostilities in a shorter and longer horizon as well as whether the intervention left behind a functional democratic state. The results indicate that a short-term, unilateral approach to intervention seems more effective than an immediate attempt at violence reduction. The countries targeted by humanitarian intervention almost universally fail to create lasting democratic institutions, however the multilateral approach has produced better results in terms of creating lasting peace.

Western Sanctions on Xinjiang: An Impact Assessment

Western Sanctions on Xinjiang:An Impact Assessment Alexander Kriebitz (bio) Following reports on escalating human rights violations in the Xinjiang Uyghur Autonomous Region (XUAR), the West has responded with economic sanctions on organizations and individuals involved in atrocity crimes including an American embargo of goods manufactured by forced labor of Uyghurs and other ethnic minorities. In order to substantiate the debate on the utility of sanctioning the XUAR, the following article sheds light onto the political, economic, and human rights implications of the imposed measures. The preliminary observations discussed in the article point at the practical limitations of sanctioning entities at a subnational level, reveal how economic and political costs reduce the size of the sanctioning coalition, and suggest that the current sanctions framework enhances the relative power of state-affiliated agents within Xinjiang's political economy vis-à-vis private sector entities. Introduction The normative and empirical perspectives of economic statecraft have been studied from the perspectives of several disciplines, including international law, political science, and economics. These discourses address economic statecraft as primarily a legitimate instrument of foreign policy and elaborate on the effective strategy for navigating commercial ties with authoritarian regimes. Following its "reform and open door policy" (改革开放) in the late 1970s and 1980s, China has widely been regarded as setting the primary example of the change-through-trade argument: that an increase in commercial relations and gradual market liberalization can spark improvements in social development and human rights.1 However, in tandem with a longer trend of steadily worsening relations between China and the West, allegations that the Chinese government is committing genocide in the Xinjiang Uyghur Autonomous Region (XUAR) have challenged this narrative. Simultaneously, the international community's response to the situation in XUAR has reignited the debate on the utility of economic sanctions as a means to enforce policy changes.2 The following article integrates the parallel academic discourses on economic statecraft and the situation in the XUAR to provide a more nuanced perspective on the manifold political and economic repercussions of the use of economic statecraft in Xinjiang. This paper concentrates on the international sanctions which have targeted the Xinjiang Production and Construction Corps (XPCC) and the solar industry in XUAR as they are indicative of the effects of sanctions on other business sectors in the region owing to the dominance of the XPCC in the cotton and the agricultural sectors of the XUAR.3 The examination of the Xinjiang case yields an important finding, namely that traditional concepts of economic statecraft including smart and comprehensive sanctions are limited when employed against an economic superpower and on entities at the subnational level. [End Page 238] Economic statecraft: its prospects and discontents Economic statecraft is the use of economic power in international affairs. These measures include smart sanctions, comprehensive embargoes, and trade agreements that aim to enforce concessions or spark political changes in authoritarian regimes.4 The rationale behind economic statecraft is derived from the economic and geopolitical considerations of both value-based and national interest-centered foreign policy approaches.5 The traditional view in international law suggests that the UN Security Council is the only institution with the legitimacy to enact punitive measures against states.6 However, in the past and present Western states have employed economic sanctions in response to perceived violations of international law.7 Thus, Western policymakers often comprehend economic sanctions as an instrument to deter acts of aggression or gross human rights violations.8 The distinction between smart and comprehensive sanctions hints at competing aims behind the concept of economic statecraft. Smart sanctions single out individuals and organizations complicit in norm violations as a form of punishment, whereas comprehensive sanctions derive their strategic power and legitimacy by imposing economic costs on and enforcing improvement of human rights in the targeted country. Economic and political costs created by sanctions are believed to change the calculus of political leaders and to increase the likelihood for concessions and subsequent improvements of human rights. The legitimacy of sanctions rests on the assumptions that sanctions require support from a closely aligned sanctioning coalition; that this coalition imposes significant costs on the entities complicit in or profiting from perceived violations of international law; and finally, that...

Paradigm Shifts in Social Housing after Welfare‐State Transformation: Learning from the German Experience

AbstractWelfare‐state transformation and entrepreneurial urban politics in Western welfare states since the late 1970s have yielded converging trends in the transformation of the dominant Fordist paradigm of social housing in terms of its societal function and institutional and spatial form. In this article I draw from a comparative case study on two cities in Germany to show that the resulting new paradigm is simultaneously shaped by the idiosyncrasies of the country's national housing regime and local housing policies. While German governments have successively limited the societal function of social housing as a legitimate instrument only for addressing exceptional housing crises, local policies on providing and organizing social housing within this framework display significant variation. However, planning and design principles dominating the spatial forms of social housing have been congruent. They may be interpreted as both an expression of the marginalization of social housing within the restructured welfare housing regime and a tool of its implementation according to the logics of entrepreneurial urban politics.

THE EFFECT OF CURRICULUM 2013 ON ECONOMICS LEARNING ACHIEVEMENT: MOTIVATION AS A MEDIATING VARIABLE

The National Standard of Education (NSE) in Indonesia is a legitimate instrument to reach the best achievement. Yet, there are still the other positive factors, especially on economics subjects. This research aimed to find out the direct effect of the national standard of education (NSE) involving in a standard of content (SC), standard for educator and education staff (SEE), standard of facilities (SF), standard of assessment (SA), standard of the process (SP) and competence graduate standard (CGS) on achievement motivation (AM) and economics learning achievement (ELA), and to find out the indirect influence of SC, SEE, SF, SA, SP, and CGS on ELA through AM. This descriptive quantitative research used a survey to collect the data. The population is Indonesian senior high school students who have learned the economy for, at least. A total of 1065 students were selected through using proportional stratified random sampling with the Slovin formula (error=1%). The data in this study were collected through The data were subsequently analyized using Structural Equation Modeling (Partial Least Square approach). The result of this research showed that there was a direct effect of SC, SEE, SF, SA, SP, and CGS and AM on ELA. Then, there was an indirect effect of SC, SEE, SF, SA, and CGS on ELA through AM as a mediating variable.

Pakistan: Withholdingization of the Economic System - A Source of Revenue, Civil Strife, or Dutch Disease+?

The paper takes an incisive shot at the systemic inadequacies that have tiptoed into the economic order of the state over time via the apparently innocuous mechanism of withholding taxes. Withholding tax – a legitimate instrument of preponing the state revenues on clearly identifiable chunks of incomes – has historically been resorted to by most states, and to that extent it should be normal with Pakistan, too. However, what has happened in Pakistan is that the tool of withholding taxation has been used as a source of revenues way too large in scale, size, scope and intensity. In addition to the pulling forward of tax collection on clearly demarcated chunks of incomes, a large number of transactions have also been roped into its nexus and then charged to tax by presumptivizing gross receipts as income – a withholdingization of the sorts not only of the tax system but of the entire economic system as a weighty portion of ubiquitous withholding taxes gets stuck into the pricing structure of the final goods and services produced in the economy rendering them price-incompetitive in the international market. This overwhelming withholdingization of the economic system, it is argued, has been brought about by a numb state continually operating under, using a Freudian framework, the “pleasure principle” instead of the “reality principle” with political governments complacently choosing to continue harvesting quick bucks into the exchequer, pushing the extractive system into a total disarray, the society into burgeoning civil strife, and the economy to the Dutch Disease effect.

A AÇÃO POPULAR COMO INSTRUMENTO DE VIGÍLIA AO LIMPE NOS ATOS DA ADMINISTRAÇÃO PÚBLICA

A Ação Popular como instrumento legítimo de condão de efetivação da participação popular na atuação cidadã visa assegurar os princípios da Administração Pública num Estado Democrático de Direito. Este artigo tem como objetivo analisar a ação popular como instrumento de participação social frente ao controle das atividades da Administração Pública. Trata-se de um ensaio teórico, com fulcro na literatura corrente, doutrinas jurídicas e atos normativos. Elucida-se que a Ação Popular é instrumento constitucional de participação social está sustentado nas bases teóricas da democracia direta, da democracia participativa e da participação social. Os princípios da administração pública:legalidade, impessoalidade, moralidade, publicidade e eficiência, são passíveis de ação popular, tendo esta o propósito de resguardar a responsabilidade e dever ético dos gestores públicos, não sendo admissíveis atos que lesam o patrimônio público e que não tenham em sua centralidade a consecução dos direitos fundamentais dos cidadãos. Conclui-se que este tipo de instrumento de vigília dos princípios da Administração Pública, embora ancorado legalmente, não tem sido acionado com frequência. Ademais, a eficiência, efetividade e ética na gestão pública por meio da adoção rigorosa de mecanismos de transparência com fulcro em seus princípios têm sido um desafio.

Linking higher education and the world of work: learning outcomes and intermediary organisations

ABSTRACTHigher education institutions are increasingly expected to demonstrate the relevance of the education provided and establish tighter links with the labour market. The introduction of learning outcomes represents one such development. The article examines the extent to which various intermediary organisations are involved in decisions about learning outcomes and the consequences of this regarding the role of learning outcomes and their potential in linking higher education to the world of work. Intermediary organisations are operationalised as professional associations and trade unions. The empirical material includes data from interviews of 14 intermediary organisations with different ties to higher education. The findings show that organisations have distinctly different approaches to their involvement in learning-outcome development as well as different views on the potentials of learning outcomes as a legitimate instrument to increase the relevance of higher education. Instead of creating new links between higher education and the world of work, the processes of introducing learning outcomes reinforce existing collaboration patterns.

Implementation of International Health Regulations in India

The International Health Regulations (IHR) is a worldwide legitimate instrument appropriate to all WHO part nations and came into power in 2007. The goal of the IHR is to forestall global spread of malady by empowering part nations experience limit working for early identification, revealing and taking control measures against any general wellbeing crises of worldwide concern. The advancement of general wellbeing framework for gathering IHR standards should enable India to build up its reconnaissance, reaction and readiness limits which would improve results of its general wellbeing projects and help contain flare-ups. The present analysis was made through random sampling method where the survey was taken from common public, professionals, etc. The sample size in the present analysis is 1895 samples, the independent variable is in the analysis is gender and the dependent variables is reliable on the statement.The research tools used in the present paper such as cross tabulation, chi-square and case summary and graphical representation was also used to analyse the study. The study found that India faces difficulties in gathering its developing requirements for prepared disease transmission experts of a restorative foundation, entomologists, nourishment investigators and other pro staff occupied with general wellbeing observation exercises. It can be concluded that India ought to likewise not be content with gathering fundamental IHR standards but rather ought to endeavor to accomplish propelled abilities allowing it to help its neighboring nations with restricted general wellbeing foundation in gathering their IHR objectives.

The Amendment of the Religious Registration Law and Its Impact on Freedom of Religion in the Slovak Republic

Church registration represents a legitimate instrument of surveillance over religious groups. In the Slovak Republic, registered churches are funded directly out of the State budget and dispose of a wide range of other financial, as well as non-financial benefits. Slovakia has recently tightened up the already strict registration criterion of a number of supporters. According to the currently effective legislation, a church or religious society applying for registration must provide evidence of having over 50,000 members. The main aim of this article is to analyse the impact of the new Slovak legislation on the freedom of religion with a focus on assessment of whether the rang of rights and duties for registered churches are the same as for not registered ones and whether this measure is in conformity with human rights standards applied in the European Union, as well as the Council of Europe.

Public Management: Formation of a Constructivist Model to Support the Virtual School of Public Administration of Santa Catarina in Combating the Evasion of Distance Learning

Objective: We aimed to form a constructivist model that subsidizes the management of the Moodle site of training courses offered by the Virtual School of Public Administration of the State of Santa Catarina (SEA-SC), with regard to combating the evasion of registered students.Methodology / Approach: We adopted Multi-criteria Decision Support-Constructivist methodology (MDSC) to support the construction of the model based on the decision-makers’ perspective (School Director and SEA Administrator). For the selection of the theoretical contribution, we used the Knowledge Development Process-Constructivist (ProKnow-C). An epistemological constructivism approach was adopted.Originality / Relevance: In the current literature on distance training, there is a gap in the process to evaluate an evasion in these courses and, consequently, to aid the decision-making process of its managers and planners.Main results: Based on the knowledge generated by the managers, we found: (i) 13 aspects were considered necessary to evaluate the performance of the training courses, via the Moodle site, and for these, ordinal scales were constructed and their reference levels have been defined; (ii) the status quo in the 13 indicators of the ad hoc model was identified; (iii) the ‘Evasion Management’ area evidenced the need for improvement actions in these aspects: simultaneous tutorials and inscriptions in multiple courses; and (iv) some variances between the aspects (indicators) proposed in the literature and those considered relevant by managers; characteristic of investigations guided by the qualitative approach and constructivist epistemology.Theoretical / Methodological Contribution: This article presents the duality about the understanding of the process and the avoidance factors of the training courses between literature and empirical perception. We identified that conducting constructivist bases by considering the values, goals and perceptions of the context can result in a legitimate (model) instrument.

IMPACT OF INTERNATIONAL TREATIES AND CONVENTIONS ON THE BRAZILIAN ARBITRATION LAW

The arbitration as an alternative dispute settlement established itself nationally and internationally as a legitimate instrument to promote and expand access to justice. In this sense, the aim of this work is to analyze how the international treaties and conventions influenced the creation and development of the national arbitration law and its application in Brazil. Thus, we will seek to delimit what were the conventions, treaties, protocols and other international acts that had implications, positive or negative, when the adoption of Law n. 9307/96 by the Brazilian legislature, thereby seeking to analyze whether this law could actually absorb the parameters, criteria, nature and effects allowed by the international legal order. The correlation is also relevant to explain how Brazil has followed the international dynamics on bound rules to legal relations. Later, there will be an approximation, succinctly, on the main aspects of the law in relation to the object, subject, form of expression and effects of the use of arbitration and its respective application in Brazil.

IMPACT OF INTERNATIONAL TREATIES AND CONVENTIONS ON THE BRAZILIAN ARBITRATION LAW

The arbitration as an alternative dispute settlement established itself nationally and internationally as a legitimate instrument to promote and expand access to justice. In this sense, the aim of this work is to analyze how the international treaties and conventions influenced the creation and development of the national arbitration law and its application in Brazil. Thus, we will seek to delimit what were the conventions, treaties, protocols and other international acts that had implications, positive or negative, when the adoption of Law n. 9307/96 by the Brazilian legislature, thereby seeking to analyze whether this law could actually absorb the parameters, criteria, nature and effects allowed by the international legal order. The correlation is also relevant to explain how Brazil has followed the international dynamics on bound rules to legal relations. Later, there will be an approximation, succinctly, on the main aspects of the law in relation to the object, subject, form of expression and effects of the use of arbitration and its respective application in Brazil.

IMPACT OF INTERNATIONAL TREATIES AND CONVENTIONS ON THE BRAZILIAN ARBITRATION LAW

The arbitration as an alternative dispute settlement established itself nationally and internationally as a legitimate instrument to promote and expand access to justice. In this sense, the aim of this work is to analyze how the international treaties and conventions influenced the creation and development of the national arbitration law and its application in Brazil. Thus, we will seek to delimit what were the conventions, treaties, protocols and other international acts that had implications, positive or negative, when the adoption of Law n. 9307/96 by the Brazilian legislature, thereby seeking to analyze whether this law could actually absorb the parameters, criteria, nature and effects allowed by the international legal order. The correlation is also relevant to explain how Brazil has followed the international dynamics on bound rules to legal relations. Later, there will be an approximation, succinctly, on the main aspects of the law in relation to the object, subject, form of expression and effects of the use of arbitration and its respective application in Brazil.

Economic Sanctions as a Concept of Power Politics

The purpose of the article is to conceptualize economic sanctions in terms of international power politics. Legal and economic literature study sanctions by means of legal norms analysis and their impact on economies, companies and corporations. However, this approach misses a political component, specially the one of coercion to comply with international norms or requirements of sanctions’ initiators. Usually sanctions are an instrument of economically advanced states vis a vis developing countries with fragile or vulnerable economy. The very essence of sanctions is determined by the asymmetry of international system in terms of economic capabilities. Such an asymmetry fuels a debate between those who consider sanctions as an effective and legitimate instrument (US, EU and other developed states) and those who believe that only the UN Security Council can be a legal source of sanctions, while others are illegal (supported by Russia, China and several dozens of developing countries). This debate reflects a cleavage on a more fundamental problem – the one of sovereignty and the right to interfere into sovereign affairs of states. Recognition of sanctions’ legitimacy would mean the recognition of the right to interfere into sovereign affairs of the target-states beyond the UN Charter. The article provides a reflection of this debate, stressing on different interpretations of the concept of sanctions. The article makes a distinction between the concept of sanctions and the concept of trade wars. Such disengagement is critically important for understanding sanctions as a political concept. If trade wars are conducted to maximize profits, economic sanctions are used to achieve political goals. This determines the fundamental difference in the relations between business and government: in the case of trade wars, business is the main lobbyist for decisions of state bodies, in case of sanctions, the government is the initiator, and business is forced to adapt to the current situation. In the first case, business acts as a subject, in the second - as an object.

Kedudukan Wahyu dan Akal dalam Penghujahan berdasarkan Ilmu Mantik

This article focuses on the discussion about the positions of the human mind and prophetic revelations in Islamic research. In the usual Social Science research, only the human mind serves as the basis for proofs and theory of knowledge (epistemology). The research would reject prophetic revelations. In Islam, however, there is a consensus that prophetic revelations must be placed as better proofs and theory of knowledge over the the human mind. As such, what are the positions of prophetic revelations and the human mind in Islamic research? To answer this question, logic is used as reference. Logic is the study of arguments based on human reasoning, as defined in Islam. Logic also serves as a method of determining the validity of proofs which can be used in an argument. The questions which arise then, are: What is the position of the human mind in Islamic research? What is the order of priority between the human mind and prophetic revelations in an Islamic research? To answer these questions, this paperwork will use literary research and textual analysis to analyse the positions of prophetic revelations and the human mind according to logic. This article will study the definitions of the human mind and prophetic revelation in Islam. Then the positions of the human mind and prophetic revelations will be analysed in a logical discussion, to serve as a method to be used in Islamic research. The use of logic is observed as having cleared the confusion in determining the positions of the human mind and prophetic revelations in Islamic research. How the prophetic revelations are used in Islamic research in accordance to the Islamic research method is also discussed. The results of this research found that logic approves of both the “naqli” and “aqli” proofs. The human mind is actually recognised as a legitimate instrument for proofs in Islam but it cannot take precedence over prophetic revelations. Instead, prophetic revelations serve an important role in Islamic research. However, certain methods must be followed when using the prophetic revelations in Islamic research in order for them to be valid.

Legitimacy through targeted transparency? Regulatory effectiveness and sustainability of lobbying regulation in the European Union

AbstractRegulating interest groups’ access to decision makers constitutes a key dimension of legitimate and accountable systems of government. The European Union explicitly links lobbying regulation with the democratic credentials of its supranational system of governance and proposes transparency as a solution to increase legitimacy and regulate private actors’ participation in policy making. This lobbying regulation regime consists of a Transparency Register that conditions access to decision makers upon joining it and complying with its information disclosure requirements. The extent to which transparency‐based regulatory regimes are successful in ensuring effective regulation of targeted actors and in being recognised as a legitimate instrument of governance constitutes a key empirical question. Therefore, the study asks: Do stakeholders perceive the transparency‐based EU lobbying regulation regime to be a legitimate form of regulatory governance? The study answers by building on a classic model of targeted transparency and proposes perceived regulatoryeffectivenessandsustainabilityas two key dimensions on which to evaluate the legitimacy of the Register. The arguments are tested on a new dataset reporting the evaluations of 1,374 stakeholders on the design and performance of the EU lobbying regulation regime. The findings describe a transparency regime that scoreslow in perceived effectivenessandmoderate to low in sustainability. Citizens criticise the quality of information disclosed and the Register's performance as a transparency instrument. The Register did not effectively bridge the information gap between the public and interest groups about supranational lobbying. In terms of sustainability, interest organisations appreciate the systemic benefits of transparency, but identify few organisation‐level benefits. Organisations that are policy insiders incur more transparency costs so they instrumentally support transparency only insofar it suits their lobbying strategies and does not threaten their position. Insiders support including additional categories of organisations in the Register's regulatory remit but not more types of interactions with policy makers. They support an imperfect regulatory status quo to which they have adapted but lack incentives to support increased transparency and information disclosure. Targeted transparency proves an ineffective approach to regulating interest groups’ participation in EU policy making, constituting a suboptimal choice for ensuring transparent, accountable and legitimate supranational lobbying.

Introducing GIS as legitimate instrument to deal with road accident data: a case study of Iran, Tehran

Real and accurate data is necessary for all traffic and road safety management to identify problems and risk factors and for priority control correctly. This study aims to develop and introduce a Geographic Information System (GIS) based method for managing and analyzing urban traffic accident data in Iran, to resolve the current data management problems. To support the better decision-making process and application of GIS in managing urban traffic accidents. In Iran, road accident data is being collected by some different authorities, such as traffic police departments, insurance companies, emergency units, forensics, etc. Road traffic accident data usage in Iran is limited to mainly serve statistical purposes, while its commitment in first leadership procedure is limited. Taking into the aims, GIS is accounted as a legitimate instrument to deal with urban accident data, and support the best decision-making process for urban traffic accidents and road safety, not only in Iran but also in many other countries which are facing the similar situation. To carry out the methodology, the city of Tehran, which is the capital and most populous city of Iran, was chosen as a case study area.

El principio de juridicidad

For the author, the principle of legality is an evolved form of that brief legality characteristic of the constitutional State at the beginning of the 19th century. In fact, when the constitutional State emerged, the law, the sovereign before which we all prostrated ourselves, as an author of the time said, was the legitimate instrument for structuring the new State and a genuine expression of the general will, and accepted in such a way. role as sovereign.