نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق عمومی ، واحد سمنان ، دانشگاه آزاد اسلامی ، سمنان ، ایران
2 استاد گروه حقوق عمومی دانشکده حقوق و علوم سیاسی دانشگاه تهران ، تهران ، ایران .
3 دانشیار گروه حقوق عمومی دانشکده حقوق و علوم سیاسی ، دانشگاه تهران ، تهران ، ایران .
عنوان مقاله [English]
More than five periods have passed since the formation of Islamic councils in Iran. Although our country has a history of more than one hundred years in drafting laws related to councils, but the legislatures have spent a lot of time arguing about the competence of local councils. , But since then the legislation has been in a direction that has not been able to provide a clear framework of tasks and decisions of local institutions. The source of these shortcomings also stems from the Iranian constitution. Legislative authorities, including the Islamic Consultative Assembly, have not taken any serious action to use their legal capacity to remove obstacles and cover up these objections. It has added to the complexity and ambiguity. And it also seems that Iranian legislation in determining the powers and duties of local councils has failed. This article, which has been done by descriptive-analytical method, examines the challenges of the competence of Islamic councils, including the challenges of the powers of the councils in the principles of the constitution, ordinary legislation and the Islamic Consultative Assembly in not delegating necessary and sufficient duties and powers. The local governance approach addresses the mechanisms of democracy in Iran's local government in law. It seems necessary for the Guardian Council and the legislature of the parliament to adopt a new interpretive approach to the constitutional dimension in removing these obstacles.