Volume 12 - Special Issue on Human Rights and Citizenship Rights
MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 35-49 |
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1- Department of Criminal Law and Criminology, Faculty of Humanities, khomein Branch, Islamic Azad University, khomein, Iran
2- Department of Criminal Law and Criminology, Faculty of Rights, shahid beheshti University, tehran, Iran. (Corresponding Author)
3- Department of Criminal Law and Criminology, Faculty of Humanities, khomein Branch, Islamic Azad University, khomein, Iran
2- Department of Criminal Law and Criminology, Faculty of Rights, shahid beheshti University, tehran, Iran. (Corresponding Author)
3- Department of Criminal Law and Criminology, Faculty of Humanities, khomein Branch, Islamic Azad University, khomein, Iran
Abstract:
Background and Aim: In Order to Realize the Political Ideals of a Society, Which are Reflected in Its Constitutions, The Independence of Judges and the Judiciary Play an Essential Role. In Order to Achieve These Ideals, Social Justice and Citizenship Rights Appear as Demands of Societies.
Materials and Methods: This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and Has Been Done by Referring to Documents, Books and Articles.
Findings: Among the Appropriate Requirements for the Realization of Judicial Independence, We Can Point to the Rules and Regulations That Guide the Society in Its Path Towards These Ideals With Impartiality and Justice. Therefore, it is Necessary for the Rule of Law to be Established in This Society and the Judiciary Independent of Getting out Through Justice in Society is Sensitive. This Study, by Describing and Analyzing these Concepts With a Comparative View, Identifies the Importance of the Existence of an Independent Judiciary in the Realization of Social Justice and Civil Rights and Examines Why the Rule of Law is a Necessary Condition for the Existence of an Independent Judiciary.
Ethical Considerations: In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Conclusion: The Tools of an Independent Judiciary Can be a Kind of Guarantee of the Social and Human Rights of Citizens, And the Existence of a Philosophy of Rule of Law in This Legal System is a Prelude to This, a Society Without Rule of Law Does not Have a Legal System in the True Sense of the Word.
Please cite this article as: Beyranvand R, Mirkamali S. A, Rajabi A. The Effect of the Judge's Independence on the Realization of Social Justice and Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 35-49
Materials and Methods: This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and Has Been Done by Referring to Documents, Books and Articles.
Findings: Among the Appropriate Requirements for the Realization of Judicial Independence, We Can Point to the Rules and Regulations That Guide the Society in Its Path Towards These Ideals With Impartiality and Justice. Therefore, it is Necessary for the Rule of Law to be Established in This Society and the Judiciary Independent of Getting out Through Justice in Society is Sensitive. This Study, by Describing and Analyzing these Concepts With a Comparative View, Identifies the Importance of the Existence of an Independent Judiciary in the Realization of Social Justice and Civil Rights and Examines Why the Rule of Law is a Necessary Condition for the Existence of an Independent Judiciary.
Ethical Considerations: In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Conclusion: The Tools of an Independent Judiciary Can be a Kind of Guarantee of the Social and Human Rights of Citizens, And the Existence of a Philosophy of Rule of Law in This Legal System is a Prelude to This, a Society Without Rule of Law Does not Have a Legal System in the True Sense of the Word.
Please cite this article as: Beyranvand R, Mirkamali S. A, Rajabi A. The Effect of the Judge's Independence on the Realization of Social Justice and Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 35-49
Keywords: The Rule of Law, Independence Judiciary, Social Justice, Citizenship Rights, Human Rights, International Citizenship Rights
Type of Study: Original Article |
Received: 2018/10/22 | Accepted: 2020/05/19
Received: 2018/10/22 | Accepted: 2020/05/19
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