Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 45-62 |
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Tariverdi S, Sadeghi M H, Abbasi M. The Necessity of a New Reading of Judicial Practice in the Iranian Legal System with an Emphasis on Medical Law. MLJ 2026; 20 (61) :45-62
URL: http://ijmedicallaw.ir/article-1-2028-en.html
URL: http://ijmedicallaw.ir/article-1-2028-en.html
1- . Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- Judge of the Supreme Court, Tehran, Iran.
2- Judge of the Supreme Court, Tehran, Iran.
Abstract:
Background and Aim: In the Iranian legal system, following the written law system, the law is considered as the main source of the Iranian legal system and judicial procedure is recognized only with the intervention of the general panel of the Supreme Court and medical law is also not an exception as part of the legal system. On the other hand, the development of judicial procedure in the Iranian legal system is a gradual matter and as a rule, cannot be created by issuing a single decision and requires an element of repetition. Now, the basic question is whether in the Iranian legal system and consequently in the medical law system, a specific court decision alone can be the originator and source of a legal rule?
Method: The method used in the present study is descriptive-analytical and in this regard, reliable library sources are used.
Ethical Considerations: In this article, ethical considerations such as trustworthiness, scientific honesty and non-scientific bias have been observed.
Results: The findings of the present study indicate that the medical law system can, under the influence of a new reading of judicial practice and the exploitation, alongside existing laws and regulations, of the possibility that an independent decision can play a fundamental and effective role as a rule-making source in the evolution and development of the legal system, especially since the need for judicial practice in medical law is felt more than in other areas of law due to its youth and nascent nature.
Conclusion: The ultimate goal of this study is to show the importance of the position of judicial practice in its new sense, that is, the creation of a procedure with a specific court decision as an independent source of law in the legal system and the necessity of taking it seriously, especially in the medical law system.
Please cite this article as:
Tariverdi S, Sadeghi MH, Abbasi M. The Necessity of a New Reading of Judicial Practice in the Iranian Legal System with an Emphasis on Medical Law. Medical Law Journal. 2026; 20: e4.
Method: The method used in the present study is descriptive-analytical and in this regard, reliable library sources are used.
Ethical Considerations: In this article, ethical considerations such as trustworthiness, scientific honesty and non-scientific bias have been observed.
Results: The findings of the present study indicate that the medical law system can, under the influence of a new reading of judicial practice and the exploitation, alongside existing laws and regulations, of the possibility that an independent decision can play a fundamental and effective role as a rule-making source in the evolution and development of the legal system, especially since the need for judicial practice in medical law is felt more than in other areas of law due to its youth and nascent nature.
Conclusion: The ultimate goal of this study is to show the importance of the position of judicial practice in its new sense, that is, the creation of a procedure with a specific court decision as an independent source of law in the legal system and the necessity of taking it seriously, especially in the medical law system.
Please cite this article as:
Tariverdi S, Sadeghi MH, Abbasi M. The Necessity of a New Reading of Judicial Practice in the Iranian Legal System with an Emphasis on Medical Law. Medical Law Journal. 2026; 20: e4.
Type of Study: Original Article |
Received: 2025/11/21 | Accepted: 2026/02/3
Received: 2025/11/21 | Accepted: 2026/02/3
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