پژوهش‌نامه حقوق اسلامی (Feb 2018)

Legal - Administrative De localisation in Tehran in Light of Constitution Principles

  • Mohamad zereshki,
  • Mohamad jalali

DOI
https://doi.org/10.30497/law.2018.2144
Journal volume & issue
Vol. 18, no. 2
pp. 97 – 122

Abstract

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The pattern of Iranian governmental system is simple based on which political power is belonged to a single legal person called central government based on Tehran as capital city of Iran. In addition, administrative systems in governmental organs are central and Tehran is center for administrative and bureaucratic processes such as operational and technical affaires in different levels of state divisions.Legal delocalization of Tehran is less discussed between legal and management experts, people and high rank authorities of Iran. In order to delocalization Tehran, we can use Constitution capabilities in operational phase so that there is no need to ratify and operate provisional plans such as exiting employees from Tehran, exiting governmental organs from Tehran, and etc. A proper delocalization shall have important purposes such as local communities responsibility, decreasing of administrative bureaucracy, increasing of citizens’ participation in process of planning, development, equal development, proper allocation of utilities, and etc. and in other hand, shall guaranty fundamental rights of people expressed in laws and rules, in particular Iranian Constitution in relation to citizenship rights. This research tries to examine legal capabilities which are imposed to government as obligations in Constitution, as solutions of Tehran delocalization, and emphasizes on operating these laws and rules by government in order to prevent ratifying new laws and rules by legislative organs. The main purpose of this research is presenting effective legal solutions and mechanisms according to legal capacities of Iran for legal delocalization of Tehran and protecting people fundamental rights. This research is descriptive – analytic and practical. Key Words: de localisation in tehran-Constitution– Spatial Planning – Electronic Government – Government Miniaturization – Participative Democracy

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