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 and au...

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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
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_1529_86ca1380c6063b5ffcb510dabb470a24.pdf
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author Mohammad Jalali
author_facet Mohammad Jalali
author_sort Mohammad Jalali
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description 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
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spelling doaj.art-2dabd9cdfd2446a691f4ff0fccaaa8b32024-01-10T10:50:01ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162015-10-011747711001529The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian LawMohammad Jalali0دانشگاه شهید بهشتیToday 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 thereofhttps://qjpl.atu.ac.ir/article_1529_86ca1380c6063b5ffcb510dabb470a24.pdfdecentralizationlocal unitsprinciple of the administrative freedom of local unitslocal managementprinciples of priority of local affairsdispensation of competence
spellingShingle Mohammad Jalali
The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian Law
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
decentralization
local units
principle of the administrative freedom of local units
local management
principles of priority of local affairs
dispensation of competence
title The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian Law
title_full The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian Law
title_fullStr The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian Law
title_full_unstemmed The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian Law
title_short The Guiding Principles of Decentralization in French Law and its Comparison with the Iranian Law
title_sort guiding principles of decentralization in french law and its comparison with the iranian law
topic decentralization
local units
principle of the administrative freedom of local units
local management
principles of priority of local affairs
dispensation of competence
url https://qjpl.atu.ac.ir/article_1529_86ca1380c6063b5ffcb510dabb470a24.pdf
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