بررسي تطبيقي سياست‌گذاري عمومي و نظام حقوقي حاكم بر بازآفريني شهري در ايران، بريتانيا و فرانسه

A comparative study of the public policy an‎d legal system governing urban regeneration in Iran, UK an‎d France

حقوق

Urban regeneration, as a shared domain of law an‎d socio-economic policy, is an arena where the tension between "private ownership" an‎d "public interest" reaches its peak. This study, adopting a comparative approach, examines the legal systems an‎d institutional structures governing urban regeneration in three countries: the United Kingdom, France, an‎d Iran. The findings reveal that, despite differences in legal origins, all three legal systems are experiencing a convergence toward a shift from "planning law" (based on rigid zoning an‎d bureaucratic control) to "project law" (based on flexible guidance an‎d contractual agreements). In the United Kingdom, this transformation has taken place through "Levelling-up" policies, where market-oriented approaches an‎d delegation of authority have prevailed. In France, legislators have established institutions such as the National Urban Renewal Agency an‎d imposed requirements like "social mix" thereby outlining a model of national an‎d republican inclinations under strong governmental oversight. In Iran, although steps have been taken toward adopting an "exceptional legal regime" an‎d a participatory approach through the 2010 legislation an‎d related documents, the legal system remains challenged by structural issues stemming from "institutional inflation" "conflicts of interest among executive bodies" an‎d the lack of financial enforcement mechanisms. Ultimately, this research, which was conducted by library research method, argues that the success of urban regeneration policies lies not in mere structural intervention, but in the establishment of efficient intermediary institutions, the separation of supervisory an‎d implementing functions, an‎d a genuine transition toward participatory governance.

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