Volume 18, Issue 3 (2014)
CLR 2014, 18(3): 1-26 |
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Amiri M, Vijeh M. Basic Principles Governing Judicial Independence in Iran’s Legal System with an Eye to France’s Legal system. CLR 2014; 18 (3) :1-26
URL: http://clr.modares.ac.ir/article-20-2396-en.html
URL: http://clr.modares.ac.ir/article-20-2396-en.html
Abstract: (12091 Views)
As a main path to the implementation of a fair trial and rule of law‚ judicial independence amounts to the judge’s independence of any imposition or interference from the political powers and parties involved. Operationalization of judicial indepdence is‚ on the one hand‚ contigent upon the structural independence of the judicial system‚ and on devising certain approach for ensuring the individual independence of the jugdes‚ on the other. The present study involves the illumination and investigation of the concept of judicial independence and "how" of verbalizing this principle in Iran and France’s legal systems. This comparative study indicates that Iran’s legal systems has‚ compared to france, put forth more reliabe guarantees for the structural independence of the judiciary system. However‚ it still has some drawbacks in terms of judge’s indicidual independence.
Keywords: judicial independence, Structural independence, procedural independence, judges, Judiciray
Received: 2014/05/14 | Accepted: 2014/12/10 | Published: 2014/12/19
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