Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1104-1119 |
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Ameri Shahrabi A. Challenges Facing Uniform-Judicial Votes: Looking at Norms Related to Public Health Rights. MLJ 2025; 19 (60) :1104-1119
URL: http://ijmedicallaw.ir/article-1-2047-en.html
URL: http://ijmedicallaw.ir/article-1-2047-en.html
Department of History and Theory of Law and State, Yerevan State University, Yerevan, Armenia.
Abstract:
Background and Aim: In addition to the acts known as the Uniform-Judicial Votes, passed in 1949, pursuant to Article 161 of the Constitution act, the Supreme Court has been officially granted the opportunity to create and approve Uniform-Judicial Votes in order to create consistency, commonality and unity of judicial procedure. Therefore, in addition to its normal and ordinary proceedings, which as a supreme authority hears many legal and criminal lawsuits and opinions issued by first and second instance courts, the Supreme Court has also found the opportunity to issue opinions in special and specific circumstances, which are described as uniform Uniform-Judicial Votes, which are essentially a special type of legislation within the Iranian judicial system. This opportunity or ability for the Court and consequently the status of Uniform-Judicial Votes in various fields, especially in the field of public health and medical law, has faced challenges and ambiguities in various theoretical and practical aspects, including vague and interpretative statements that contradict the accuracy of the situation. "It is a matter of words in medical law," he pointed out. Therefore, this research seeks to answer these questions: what are the main manifestations of the challenges and ambiguities arising from the Uniform-Judicial Votes in the face of the principles and norms of public health and medical law?
Method: This article is written in a descriptive-analytical way and relies on library sources.
Ethical Considerations: In all the stages of writing a leading article, the authors, while respecting the authenticity of the texts and trustworthiness, always consider themselves obliged to observe the aspects of honesty in speech and writing.
Results: In some Uniform-Judicial Votes, the selection of standards has been attempted in a way that is inconsistent with some of the most important principles and foundations of public health law.This indicates a lack of sufficient medical knowledge among the Supreme Court judges, who play a major role in the formulation of these decisions.
Conclusion: The arbitrary approval of Uniform-Judicial Votes in various areas, such as issues related to public health and medical rights and the disregard for the principles of differential and technical legislation that are consistent with the foundations of such areas, will have no result other than a possible violation of the people's right to security and health and will present the courts with many ambiguities when dealing with cases in this area.
Please cite this article as:
Ameri Shahrabi A. Challenges Facing Uniform-Judicial Votes: Looking at Norms Related to Public Health Rights. Medical Law Journal. 2025; 19: e72.
Method: This article is written in a descriptive-analytical way and relies on library sources.
Ethical Considerations: In all the stages of writing a leading article, the authors, while respecting the authenticity of the texts and trustworthiness, always consider themselves obliged to observe the aspects of honesty in speech and writing.
Results: In some Uniform-Judicial Votes, the selection of standards has been attempted in a way that is inconsistent with some of the most important principles and foundations of public health law.This indicates a lack of sufficient medical knowledge among the Supreme Court judges, who play a major role in the formulation of these decisions.
Conclusion: The arbitrary approval of Uniform-Judicial Votes in various areas, such as issues related to public health and medical rights and the disregard for the principles of differential and technical legislation that are consistent with the foundations of such areas, will have no result other than a possible violation of the people's right to security and health and will present the courts with many ambiguities when dealing with cases in this area.
Please cite this article as:
Ameri Shahrabi A. Challenges Facing Uniform-Judicial Votes: Looking at Norms Related to Public Health Rights. Medical Law Journal. 2025; 19: e72.
Type of Study: Applicable |
Received: 2025/10/6 | Accepted: 2026/01/29
Received: 2025/10/6 | Accepted: 2026/01/29
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