Civil Responsibility as a Result of the Legislation

Arasta, Mohammad Javad; Mamizade, Mahdi

doi:10.30497/law.2019.2374

Civil Responsibility as a Result of the Legislation

Document Type : Research Article

Authors

¹ Associta professor at Tehran university(farabi branch)

² Phd of private law at Imam sadiq university

10.30497/law.2019.2374

Abstract

Generally, regulating institutions' civil responsibility theory is a completely new idea and until the first half of 19th century, different countries' regulations had inhibited government officials from compensating those damages cause by government to individuals. They considered this lack of accountability as the rational result of government's governing principle. In fact, their belief was that absolute governing principle contradicts with compensating damages by him; however, with evolution of legal thoughts, the lawyers considered lack of civil accountability to be inconsistent with justice and fairness. Nowadays, nearly all countries have accepted public and regular bodies' civil responsibility.
In our country, we may see that hastily-written and unprofessional laws will lead to some social and economic anomalies. Even, sometimes it may lead in attenuation of social crises such as pessimism and dissatisfaction toward the maxim of system and government's rationality, weakening and reduction of the spirit for gaining reasonable profits and a feeling of hopelessness among some group of people.
This study is an attempt to investigate government's civil responsibility with regard to legislation from a jurisprudence perspective and based on the accepted standards by Ahl-Al-Bayt's jurisprudence, considering issues such as rule, reason, and its documents and the possible conflicts with other rules and the possibility of matching rules with other topics similar to Fatwa. Accordingly, we should respond that whether the legislative body can be considered as unaccountable because of the guardianship that they possess. Or whether can we consider him as unaccountable considering the rules of goodness. Can we consider the legislative authority to be accountable for the damages based on the rules existing with regard to accountability rules? Is it possible to adapt this rule upon jurisconsult's fatwas and the regulations enacted in parliament within Islamic governance system as well as The Guardian Council and leader's government decrees.

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