Ray (Judicial Case Review)

Ray (Judicial Case Review)

Evaluation of the principle of judicial independence in the rule of law approach

Authors
1 MSc. Student, College of Isfahan (khorasgan) Branch, Islamic Azad Universiti, Isfahan, Iran
2 Assistant Professor , College of Isfahan (khorasgan) Branch, Islamic Azad Universiti, Isfahan, Iran
10.22106/jcr.2024.2011924.1458
Abstract
which is considered the background for the realization of other rights during the trial. In the meantime, the question that can be asked is that it is possible to imagine that the law, as a government tool, will stepin the position of violating this principle? In order to answer this question, a distinction should be made Such a way that The law, in the position of the approach of the legal government, has the ability to establish norms in conflict with this principle, while in the position of overseeing the rule of law, this is not acceptable. In other words, the principle of judicial independence can potentially be violated in the pursuit of the rule of law, and due to the provision of regulations in conflict with this principle, it will cause a hidden pressure factor on the judicial authority in the proceedings. which is an accepted category in the first place because it is recognized as legal, but it will be unacceptable in the rule of law government due to the violation of judicial independence and the weakening of fair proceedings. Therefore, from the point of view of the conclusion ofthe article, it is assumed that the acceptance of the principle of judicial independence in the functional field refers to the acceptance of the rule of law government in the legislative position. Therefore, in this article, with an analytical method and a practical approach, we will examine a sample of these laws and regulations as an explanation ofthe two approaches mentioned inthe category of judicial independence
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Subjects

Volume 12, Issue 45
Winter 2023
Pages 23-51

  • Receive Date 19 September 2023
  • Revise Date 09 April 2024
  • Accept Date 14 February 2024