Nader Mirzade Koohshahi; hoosein ghazizadeh; mohamadmehdi shirazi
Volume 9, Issue 2 , February 2021, , Pages 245-274
Abstract
Fair justice which is considered a Human Rights as an element of judicial justice has some components that judicial independence is the most necessary of them. Judicial independence ...
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Fair justice which is considered a Human Rights as an element of judicial justice has some components that judicial independence is the most necessary of them. Judicial independence for a good promotion, not only needs institutional independence but also it should guarantee independence of judge for judgement. The basic question is how the Iranian legal system approaches the concept of judicial independence and how it can be corrected. The approaches taken to judicial independence in our country, despite its many strengths, is not protected to defects and some problems such as legal and executive obstacles blocks the independence of judges and judiciary. This article has a descriptive-analytical approach based on library studies that wants to express existing problems such as lack of financial independence of the judiciary, lack of attention to the social, financial and living conditions of judges and judicial trainees, conditionality of hiring judges at the beginning of service, failure to mention the judge's competence in the law and referral of jurisdiction to the commission without priority over the judge and provide suggested solutions like as granting financial independence to the judiciary, adopting practical approaches to improve the social and financial status of judges and correcting the existing laws that is related to the recognition of the judge's competence in order to simplify the ways to achieve judicial independence.
