The Fundamentals and Nature of Land Acquisition and Possession by the State and Municipalities
Keywords:
Education, forced land acquisition, public power, public interest, landsAbstract
The forcible acquisition of land, which is related to citizenship rights in today's modern society, has a long history within the framework of mandatory laws of the Iranian legal system. In Iran after the revolution, this issue was placed under the banner of the "Land Acquisition and Possession" bill, and the relevant regulations and bylaws were accepted by administrative and executive institutions. In any legal system in today's society, the state is bound to use public power. However, the exercise of this power must be accompanied by logical reasons and legal justifications, or in other words, "legitimization". The nature and essence of this power can manifest itself in different forms. In contemporary public law, the exercise of state sovereignty cannot be analyzed based on a single theory alone. The structure of public power can be explained and accepted along with providing services to citizens and based on the theory of public interest. The method of this research is descriptive-analytical and based on library studies, and its main goal is a comparative study of two Iranian legal systems in the field of forced land acquisitions. The results of the research show that, unlike other European legal systems that seek the source of public power in the fundamental rights of the nation and democratically approved laws, power in the laws of other countries, in addition to having popular roots, also has strong royal foundations.
Downloads
References
Abbasi, B. (2011). Administrative Law. Dadgostar Publications.
Ahmadi Vastani, A. (1962). Public Order in Private Law. Official Gazette.
Asadi, A., & Mohaddeseh, A. (2016). Similarities and Differences Between Judicial and Administrative Decisions with a Case Study of Decisions by the Press Supervisory Board. Journal of Communication Sciences(18).
Bashiriyeh, H. (2005). Teaching Political Science: Foundations of Theoretical and Institutional Political Science. Contemporary Vision Publications.
Boroujerdi Abdeh, M. (2011). Civil Law. Ganj Danesh Library Publications.
Emami, H. (2012). Civil Law. Javdaneh Publications.
Farahbakhsh, M. (2010). The Impact of Utilitarianism on Criminalization Tehran.
Gorji Azandariani, A. A. (2011). The Ten Commandments of Public Law: Reflection on the Principles and Fundamental Concepts of Public Law. Journal of Law, Faculty of Law and Political Science, University of TehranVL - 41(2).
Jafari Langaroudi, M. J. (2006). Legal Terminology. Ganj Danesh Publications.
Katouzian, N. (2004). Foundations of Public Law. Mizan Publications.
Molaei, A. (2021). Structuring Administrative Contracts Through Mandatory Contracts in Iran. Journal of Legal Studies, 13(2).
Norouzi, K. (2001). Review of Municipal Law, Vol. 1. Organization of Municipalities of Iran.
Rahimi, M. (1979). Principles of Government. Amir Kabir Publications.
Rezaeizadeh, M. J. (2005). Administrative Courts of France and Their Jurisdiction in Administrative Disputes. Modiriyat Publications.
Tabatabai Motameni, M. (2000). Administrative Law. SAMT Publications.
Tabatabai Motameni, M. (2006). Comparative Administrative Law (Rule of Law and Administrative Justice in Major Countries). SAMT Publications.
Tabatabai, S. M. S., & Ehsan Safian, E. (2012). The Nature of Agreements Between Municipalities and Property Owners for the Implementation of Development Plans. Judiciary Legal Journal(78).
Tavazoni-Zadeh, A. (2006). Reflection on the Impact of the Theory of Sovereign Acts and Proprietary Acts on the Regime Governing State Organizations and Structural Reform Programs in Iran's Administrative System. Journal of Parliament and Research(51).
Zarei, M. H. (2002). From Human Rights and Dignity to the Administrative Supreme Council's Respect Initiative. Journal of Management and Development, Institute for Higher Education and Research in Management and Planning(56-57).
Zargoush, M. (2012). Administrative Law: Property Acquisition, Quasi-Acquisition, and Expropriation by the State. Mizan Publications.
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 1403 حمید حسینی بيدوئي, معین صباحی گراغانی, طیبه بلوردی (نویسنده)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
