Locating the legal capacity of Islamic councils in the implementation of local governance

Document Type : reserch

Authors

1 Islamic Azad University, North Tehran branch

2 aja

Abstract

Although the fundamental legislator of the Islamic Republic of Iran considers councils to be the pillars of decision-making and administration of the country's affairs (principle 7) and has dedicated a separate chapter to this category (Chapte7), along with the legislative branch and the highest authority of the government (the president) has been emphasized. Therefore, this level of valuation is the basic legislator for local institutions in terms of their role in the decision-making system, it is reminiscent of relying on people's participation and relying on the requirements of each region and place to meet their needs and talents in the field of governance. But in reality, the position of the councils compared to the legislative and executive powers has been reduced to a purely consultative role, and instead of the principle of "decentralization", the phenomenon of "deconcentration" of central and provincial authorities has taken place. The purpose of this research, which is carried out using the descriptive-analytical method and using the qualitative content of the documents, is to evaluate the legal capacity of the Islamic councils in carrying out the affairs and practices of good governance. The main question of the research is that according to the upper laws and documents, to what extent are Islamic councils effective in the field of activism and promotion of local affairs? According to the findings of the research, it is argued that there is no clear distinction between national and local affairs in Iran's legal system, and in terms of the identified structure and competences, there are inescapable ambiguities and suspicions for these institutions. At the end, suggestions for improving the legal capacity of Islamic councils in the local governance system and the possibility of achieving decentralization in the governance layers have been presented

Keywords