نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
One of the most significant and contentious issues related to governance at national and local levels, particularly concerning local councils, is the scope and dimensions of their authority. Accordingly, this study seeks to answer the question: What are the similarities and differences between the political systems of the Islamic Republic of Iran and France in terms of the status of local governance principles in advancing the authority of their local councils? Employing a descriptive-analytical method and utilizing qualitative content analysis of laws related to the authority of local councils in both countries, this comparative study is based on the premise that local governance principles are more institutionalized in France than in Iran. The findings indicate that the Iranian Constitution lacks the fundamental principle of "transparency" regarding the authority of local councils, leading to significant ambiguity and creating room for various, often restrictive, interpretations of their authority. The 1996 Local Councils Act significantly limits the decision-making power of local councils regarding the creation of public benefits and local public goods, the implementation and enforcement of these decisions, and the allocation of resources for their execution, as well as the prevention of violations. In contrast, in France, local councils are granted general competence, meaning they have authority over all local matters without restrictive conditions or stipulations. Supervision of local councils in Iran follows a "tutelary control" model, wherein an overseeing institution exercises authority over its subordinates. This extensive supervision by multiple institutions has become an obstacle for local councils and their members in executing their delegated authorities. Meanwhile, in French public law, oversight of local councils is also recognized; however, it is exclusively exercised by administrative courts. Furthermore, in the French legal system, the principle of public participation in selecting local council members is upheld, allowing citizens to directly elect members of municipal, departmental, and regional councils. In contrast, in Iran, public participation is limited to village and city councils, with no role for the people in selecting members of district, county, and provincial councils.
کلیدواژهها English
