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 entity. 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 entity. 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
Enlish
- A) Articles
- 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.
- C) Laws
- 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:
- A) Books
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- Moghimi, Seyed Mohammad (2003), Administration of Local Government. Tehran, Samt Publication (In Persian).
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- Rodriguez, Daniel B. and 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. pp123-191 (In Persian).
- Veisi, Hadi (2013), “An Analysis of Local Government Models and Its Compliance with Iranian Cities”, Geography and Development Iranian Journal, Vol.33, pp.139-158 (In Persian).
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