Identifying and analyzing the content deficiencies of the civil service management law as a model for legislation in urban management

KGROUND AND OBJECTIVES: The civil service management law in the administrative system of the country is a public policy and the mother law, which includes valuable concepts and norms in the field of administrative law. Despite the fact that some chapters of this law, including the chapter of people's rights (chapter ۳), are considered as innovations; however, some of the goals of the law in this chapter have not yet been achieved. As a result, this chapter of the law needs further scrutiny and implementation. Therefore, this study intends to take an important step towards the growth of the country's administrative system by identifying the pathologies of this chapter and providing corrective solutions.METHOD: The research is inductive and qualitative. The interviewees in the present study are members of parliament, managers and experts, who were selected by snowball sampling method. The data collection tool is a semi-structured interview and the "Theme Analysis" approach is used to analyze the data. The coding is done by MAXQDA quality software.RESULTS: The findings of the study showed that the content deficiencies identified in the chapter on people's rights are: "Lack of attention to the needs of society, lack of law enforcement trustee, lack of trustee for public awareness, lack of mechanism for accountability Citizens, failure to specify and specify the bodies supervising the implementation of the chapter on people's rights, suffice to express the generalities in the provisions of the law and the lack of expression of the law in a common language between users and legislators and etc. These findings indicate that the observance of transverse features in the Civil Service Management Law, such as: "Responding to the needs of society, efficiency, focus on justice, feasibility and progress, etc." is ambiguous.CONCLUSION: Given that a rule lacks transversal features, it may be called a law, but it may not have the power to persuade citizens or executors to enforce it. On the other hand, considering the importance and key role of the chapter ۳ of the Civil Service Management Law on citizenship rights, which includes: "Duties and responsibilities of citizens towards each other, duties and responsibilities of citizens towards the city and the ruling forces of the country, duties of the government towards citizens and people." In order to increase the quality of the law and protect the rights of the people in the quality of public administration, it is necessary to eliminate the deficiencies identified in this study. Also, the method and model considered in this research, to review the law, can be considered in other laws and public policies, including urban management laws.

Keywords:

Civil Service Management Law (CSML) , Content deficiencies people's rights , Transverse features of law , Urban Management