نوع مقاله : مقاله پژوهشی
نویسنده
دانش آموخته دکتری حقوق عمومی، دانشگاه تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Transparency, as one of the fundamental pillars of good governance, has gained a prominent place in public law in recent decades and has gradually evolved from an administrative policy into a public right enabling oversight of power. This article analyzes the development of the concept of transparency in the Iranian legal system and evaluates it in light of standards developed in the jurisprudence of the European Court of Human Rights. The central question is whether Iranian legislation recognizes transparency as a “fundamental public right” or regulates it within the framework of a “limited and suspendable administrative policy.”
The research adopts a descriptive‑analytical method based on documentary analysis of relevant legislation, including the Law on Publication and Free Access to Information (2009) and the Law on Transparency of the Three Branches of Government and Executive Bodies (2024). The findings are assessed comparatively in light of leading judgments of the European Court of Human Rights interpreting Article 10 of the European Convention on Human Rights.
The study shows that despite the expansion of transparency‑related legislation in Iran, the legal framework still contains broad exceptions, vague concepts, and extensive administrative discretion restricting access to information. As a result, transparency is reduced from a governing principle to a matter dependent on executive authorities’ discretion. The article concludes that effective realization of transparency requires reconceptualizing it as a public right to oversee power, narrowing exceptions on the basis of necessity and proportionality, and establishing independent oversight mechanisms to ensure enforcement
کلیدواژهها [English]
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