نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق بین الملل، دانشکده حقوق، دانشگاه قم، قم، ایران
2 دانشجوی کارشناسی ارشد حقوق عمومی، دانشکده حقوق، دانشگاه قم، قم، ایران (نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The principle of judicial independence is mainly defined in such a way that the judiciary and judges declare their votes freely and independently from outside influence and influences and issue judgments based on the law and reality; Observance of the principle of independence of judges in international documents and the Constitution of Iran in the judicial system is specified by the judicial system as a Citizens' complaint authority against violations that threaten their rights. The independence of the judiciary is the main condition for the correct performance of the duties of the judges and not deviating from the method of fair proceedings. The basic condition for achieving judicial independence is the independence of the judiciary from other government institutions, observing the principle of separation of powers. Now, we will explain the concept of independence, the individual independence of judges and the structural independence of the judiciary, and examine the status of independence in international documents and the legal system of Iran. In this article, according to the nature of the subject, with analytical-descriptive method, an attempt has been made to examine the status of this principle in Iran's legal system by looking at international documents and Islamic religion, and to the questions in this regard, including what is the concept of independence, Jurisprudence, foundations and scope of this principle should be answered.
کلیدواژهها [English]
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