Document Type : Research Paper

Authors

• Mohammd Reza Mojtehedi ¹
• Mohammd Mazhari ²
• Syed Hussain Malkuti Hashjinmalakooti@ ²
• Salah Ghsemyani ³

¹ Professor, Department of Law, Faculty fo Law and Social Sciences, University of Tabriz, Tabriz, Iran

² Department of Law, Faculty of Law and Social Sciences, Tabriz University, Tabriz, Iran

³ Ph.D Student, Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran

Abstract

Decentralization has found its global position as the preferred method of governance in today's world. This article aims to investigate the legal challenges of local decentralization in Iran. The history of decentralization in Iran goes back to the formation of state and provincial associations during the constitutional period and after that it continued in the Islamic revolution period in the form of Islamic councils, but this system is still facing serious legal obstacles. The research examines the legal challenges of the decentralization system with a descriptive-analytical approach in legal dimensions (constitutional law and ordinary laws), interpretative, judicial and structural. The findings showed that the concern is from the historical experience in the emergence of the paper constitution and joining the associations in the form of councils. In order to solve the legal challenges of the decentralization system in Iran, it is an inevitable necessity to revise and amend the constitution, change the attitude in the legislature, the Guardian Council, the Administrative Court of Justice and the executive bodies, especially the Ministry of Interior, and there is a need to change the political structure and culture of the country.

Keywords

• "
• Centralism"
• local decentralization"
• legal challenges"
• local Islamic councils"
• , "
• constitution"

Main Subjects

• Administrative Law