The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian Law

Today Decentralization, has been globally accepted as a modern approach in administration of nation –states. The conviction is that it must be governed and codified by various principles so that it may serve as guidelines both in theory and practice and to be applied by commentators, scholars...

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Bibliographic Details
Main Author: Mohammad Jalali
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2015-10-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
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Online Access:http://qjpl.atu.ac.ir/article_1529_86ca1380c6063b5ffcb510dabb470a24.pdf
Description
Summary:Today Decentralization, has been globally accepted as a modern approach in administration of nation –states. The conviction is that it must be governed and codified by various principles so that it may serve as guidelines both in theory and practice and to be applied by commentators, scholars and authorities in policy-making and law-making process and in shaping various political, administrative and judicial policies. The principle of administrative freedom of local units, the principle of priority in implementation by local units, and the general condition of competence are instances of the principles existing therein. In Iran, due diligence has neither been paid to such principles in regards with policy-making and law-making process nor as to any decentralization project carried out across the country thus far .The reason behind this is probably that the said principles hardly have any reflection in the countries constitutional – administrative doctrine . The present article, particularly by making reference to their status in France jurisdiction, shall use investigative - descriptive approach as to identify these principles in French administrative law, then it employs analytic approach in reviewing the absence of such principles in Iran’s law and the implications thereof
ISSN:2345-6116