Document Type : Article

Author

Assistant Prof. Department of Law, Faculty of Law and Political sciences, University of Mazazndaran, Babolsar, Iran

Abstract

Under article 3 of the [Iranian] Municipal Act of 1955, municipalities have independent legal personality. Meanwhile, the elective section of the municipality – then called “city association”- existed as an internal section of the municipality and not as a separate legal entity. After the Islamic Revolution, the new “city and rural Islamic councils” gained a separate legal personality. Thus, the structural gap between the executive section (municipality) and supervisory section (city and rural council) of local governments emerged. This led to structural incoherence and caused damaging consequences such as unnecessary administrative organs, judicial tensions, financial and budget disputes, and multiple legal responsibilities. Using a historical analysis method, this paper will answer the question: what is the origin of the structural tension between the municipalities and city councils in Iran? It seems the proper solution is returning to the original and historical model of the municipality in Iran and the elimination of the city council's legal entity and integrating it into the municipality.

Keywords

  1. Enlish

    1. A) Articles
    2. Rodriguez, Daniel B. & Shocked, Nadav (2014),"Comparative Local Government Law in Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans", Fordham Urban Law Journal, Vol.42. pp.123-191.

     

    1. C) Laws
    2. Municipal Act, Finland, Ministry of Finance, 2015, Unofficial translation, legally binding only in Finnish and Swedish Available At https://www.finlex.fi/en/laki/kaannokset/2015/en20150410.pdf

     

    Refrences In Persian:

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    3. Moghimi, Seyed Mohammad (2003), Administration of Local Government. Tehran, Samt Publication (In Persian).

     

    1. B) Articles
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