Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 626-639 |
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Tariverdi S, Abbasi M. The Role of Judicial Procedure in the Development of Medical Law in Iran's Legal System. MLJ 2024; 18 (59) :626-639
URL: http://ijmedicallaw.ir/article-1-1752-en.html
URL: http://ijmedicallaw.ir/article-1-1752-en.html
1- Judicial Member of the Medical Disciplinary Board & Researcher of Medical Ethics and Law Research Center of Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract:
Background and Aim: Today, according to modern medical developments and its rapid growth, the law as the most important source of law in Iran's medical law system alone is not able to quickly comply with the aforementioned developments, and the medical law system in today's environment due to the lack of Compiling comprehensive and complete laws and regulations requires the intervention of other factors to create this coordination. Among the legal sources, judicial procedure can play this role well. Therefore, the present article aims to examine the importance and necessity of using judicial procedure in the medical law system and make suggestions to strengthen the position of judicial procedure in the development of medical law.
Method: This research is theoretical and the research method is descriptive-analytical. The method of collecting information has been done in a library and by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The results of the present study indicate that, although in Iran's medical law system, the use of judicial procedure is often considered as a secondary and interpretive source of the law, but the role of courts in the expression and production of judicial procedure containing general principles and fundamental concepts of law. Medicine is very important and vital.
Conclusion: The results of the investigation indicate that the judicial procedure of the courts can be a rule-making source by consolidating and elevating the concepts and principles of medical law, as well as a complementary tool to the law and a guide to the legislator in approving progressive medical laws and regulations and development of medical rights.
Please cite this article as:
Tariverdi S, Abbasi M. The Role of Judicial Procedure in the Development of Medical Law in Iran's Legal System. Medical Law Journal. 2024; 18: e43.
Method: This research is theoretical and the research method is descriptive-analytical. The method of collecting information has been done in a library and by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The results of the present study indicate that, although in Iran's medical law system, the use of judicial procedure is often considered as a secondary and interpretive source of the law, but the role of courts in the expression and production of judicial procedure containing general principles and fundamental concepts of law. Medicine is very important and vital.
Conclusion: The results of the investigation indicate that the judicial procedure of the courts can be a rule-making source by consolidating and elevating the concepts and principles of medical law, as well as a complementary tool to the law and a guide to the legislator in approving progressive medical laws and regulations and development of medical rights.
Please cite this article as:
Tariverdi S, Abbasi M. The Role of Judicial Procedure in the Development of Medical Law in Iran's Legal System. Medical Law Journal. 2024; 18: e43.
Type of Study: Original Article |
Received: 2023/12/17 | Accepted: 2024/02/26
Received: 2023/12/17 | Accepted: 2024/02/26
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