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One of the principles, without which proper administration of justice would be impossible, is judicial independence, which means freedom of judges from interference in judicial affairs and undue influence by the powerful and by the parties involved in a dispute. This is a principle that has deep roots in Islamic law (the holy Shariah) and is applied by international instruments and different legal systems throughout the world as well. The Iranian legislator, both before and after the Islamic Revolution, has enacted laws in line with this principle. Although the quality of drafting and wording of laws, dealing with judicial independence, lacks the desired comprehensiveness and exclusivity, the performance of the authorities and officials involved in such matters has emasculated even these very imperfect laws and covered judicial independence in the Iranian judicial system in a shroud of ambiguity. In this paper, we shall first delineate the concept of judicial independence, its foundations, reasons and objectives. Then, we shall analyze the issue and show its position in the Iranian legal system.

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Nowadays, the Rule of Law has progressed from doctrinal stage into a dominated concept in Public Law. This concept is capable of becoming compatible with any legal system. At the same time, it is flexible and relative enough to be able to accept the legal and social values of different societies. This article has been written to reply to the doubts and questions about the nature and functions of the Rule of Law. To obviate the existing doubts concerning the Rule of Law, initially, the theoretical principles of this concept shall be recognized. Furthermore, from different aspects, it is made of many parts. Some of these parts conduct the normative shape and cadre of the Rule of Law, which bring this issue to realization in two aspects: they either arrange its structure similar to the principles of Separation of Powers and jurisdictional independence or like the principle of Hierarchy of Norms arrange the normative cadre. Moreover, there are some other items such as Legal Security and Equality, which facilitate to bring into realization the ultimate Rule of Law, supporting the fundamental rights and liberties. .

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abstract: The independence is relative, in spite of separation of powers, in Islamic Republic of Iran. Importantly, mutual support among government agencies is to allow the service to be more provided to the country and also prevent conflicts or illegal rebellions of the institutions against each other. Lack of proper interaction between governmental institutions led to acting and trading, and this is a disaster. The main objective of this paper is to draw the desired pattern of relationships between sovereign institutions within the framework of the constitution. The main criterion which is essential to be considered in the development of relations between institutions of governance is "check and balance". So, the first step is to try to prove the implications of the relationship between sovereign entities in accordance with the constitution using content analysis, and also provide a consensus by using Delphi technique. After condition stipulating in line with the constitution, issues or problems between the sovereign institutions were reviewed to achieve the desired study pattern using approach of focus group and finally a model with greater transparency in the check and balance mechanism of the sovereign institutions on each other was provided.