Surveying the performance of the local government and decentralizing from the view point of public law

The issue of the local government has been one of the paradigms governing the area of administrating the public affairs. The major characteristic of the local government in each country is the administration of public affairs and transferring it to the local units. On the one hand, the relationship between decentralization and the local government is giving the legal entity of public law to local units, so that they are freely governed and have the authority to make administrative and executive decisions, and, on the other hand, the administration of local affairs by local governments need to delegate some part of governmental authorities to these units. Therefore, it is imperative to place the accurate relation between the local government and the decentralization under scrutiny, in order to reach a correct perception of the local government as the main manifestation of decentralization. In this regard, local governments are administrated by a central government and are controlled and supervised by central organizations, moreover, certain legal constraints are actually considered for them. In Islamic Republic of Iran by the implementation of the law of the councils, the possibility of administering local affairs has been made by the local institutions such as municipalities and councils. Although, in Article VI of the Constitution of the Islamic Republic of Iran, local entities are the pillars of the decision-making and administration of the country, they must obey the rule of law and central government as per the upcoming constitution.