فهرست مطالب ولی الله چراغی

One of the founding elements of a legal system is a legal rule or legal norm; establishing a legal rule is one of the pivotal issues of legal theory. The dynamics of a legal system depend on the dynamics of creating legal rules. According to Kelsen’s theory in reconstruction of the legal system, judges have a fundamental role in establishing and applying legal rules. Legal rules have five essential characteristics: validity, existence, binding force, acceptance and application. These characteristics affect judge's decisions like legal rules. The legitimacy of the judge's decisions, could be found in Kelsen's hierarchical structure model. In terms of the legitimacy, there is no difference between the general norms and specific norms (judge's decisions). Based on the theory of open texture, where the general legal rule is indeterminate, judge's decision is terminative as a legal norm.

the investigation of civil management and normative autonomy in the world is an effort to introduce the patterns, structure and duties of local entities and different countries in the framework of constitution and political regime in these countries. This can be treated as a gate to modeling the global experiences. In this research, as well as the presentation of political classification of countries, five countries and the governing structures of administration and the position of civil management in these countries are addresses.

documentary studies have been used in development of this research. In fact, the instances of documentary investigation of this research are the subjects, duty division and structure differentiation, and rule and responsibility definition in various levels of sample countries, as well as analysis of basic laws and provisions.

In all countries studied, relatively local affairs and urban management in the form of a specific and relatively independent, and the role of local and national affairs are separated. So that the central government has fully recognized In the definition of local government administration in the country, municipalities are considered the foundation of the system and the local administration have relative independence But this independence is so far not in violation of the constitutions and laws of the country.

investigating the status of creation and establishment of local entities for administrating cities from the legal and legal foundations show that in the constitution of most of the countries there are certain chapters or articles which address the status of local entities. The common aspects of exploring the constitution of studied countries on local entities are macro fundamentals of the method of creation and administrative structure of these countries, as well as the necessity of governing their creation in the form of predefined ratings.

Hans Kelsen was not only a very great jurist but he possessed of exceptional personality. During his life, Kelsen devoted a considerable attention to the issues like as the maintenance of peace, international matters, and the nature and concept of law. He sought to describe law as separate from both ethics and ideology. Kelsen's legal positivism is of some features as follows:1. it is free from any ethical or ideological issues;2. in his theory no value judgment is made concerning the legal system per se;3. all historical, sociological and ethical issues are beyond the scope of this theory;4. this theory is set up first by making a fundamental distinction between the prescriptive and the descriptive aspects of positive law;5. Kelsen separated the validity from the efficacy; in his view, the validity means that there is norm or legal order, and the validity of the legal norms within any system stems from a basic and fundamental norm;6. Kelsen's theory redounds to some unity between international and national law, between objective and subjective law, and between the state and the law.