Criticism of Land-use planning documents (national and provincial) From the perspective of Article 48 of the Constitution

اقتصاد و توسعه منطقه ای

Volume 31, Spring&Summer2024 - Serial Number 27, July 2024, Pages 113-142   

Document Type: Original Article

DOI: 10.22067/erd.2024.85493.1214

Authors

Masoud Ahmadi^{* 1}; Ayat Mulaee²

¹Ph.D. Student in Public Law, Tabriz University, Tabriz, Iran

²Associate Professor at Law at Departement Of Law,Faculty of Law & Social Sciences,University of Tabriz, Tabriz, Iran.

Abstract

The realization of economic justice in different economic systems depends on the macro-economic structures of that system, which is the result of the level of concern of thelegislators of the constitution and ordinary laws to it.Article 48 of the Constitution of the Islamic Republic of Iran deals with regional justice by emphasizing various dimensions of economic justice.The Law on the Implementation of Article 48 of the Constitution has presented land-use planing as a solution to the implementation of Article 48.Due to the ambiguity of the word region in the text of Article 48 The documents of National Land-use planing based on different interpretations of the word region (combination of several provinces, provinces and cities) was investigated and analyzed. Finally, scientific solutions to solve the problems of national and provincial documents of land-use planning have been presented. According to the analysis done and the findings of this research, which was done with a descriptive analytical method and with a practical approach, In addition to criticism of The competency of the approving authority of this documents. The main criticism of Land-use planing documents from the view of Article 48 is the discriminatory selection of city/city-region in level 1 areas.Since the said selection was done without clear criteria and insufficient attention to the population distribution and the distance of the selected cities/ city regions to the capital and the fair distribution of the first level cities in different regions of the country and it does not match with any interpretations of the the word "region" in Article 48 and it has caused obvious discrimination between different provinces and regions of the country. In order to solve this problem and to comply the mentioned document as well as the provincial documents of land-use planning with Article 48, practical suggestions have been presented.

Keywords

"Regional justice"; "Land-use planning"; "zoning; city/town level one region"; "urban partner network"

References