Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Clarification of the Concept of Law in Terms of the Institution of Legislation in Judicial Decisions

Document Type : research

Authors
1 PhD Student of Public Law, Faculty of Law and Human Sciences, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
2 Associate Professor Department of Public Law, Faculty of Law and Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran
3 Assistant Professor Department of Public Law, Faculty of Law and Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran .
10.22034/ejs.2024.423804.1599
Abstract
Background and Aims: One of the most important ways to distinguish a law from other decisions is to deal with the institution of its establishment. The purpose of this article is to clarify the concept of law in terms of the institution of the situation in the mirror of judicial procedure.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings:By performing the normal duties of judges, the legal rule is gradually formed, in such a way that this act is organized in an institutional manner and this act is organized which gives generality to the judicial procedure, that is, finding the generality of the records of the judicial procedure in such a way that the legal judge which he has interpreted on the occasion of a case, he refers to it in similar cases, just as he can refer to the interpretation given by another judge of that law, such a reference to previous opinions is so normal and convenient that Few records are collected in one direction. Today, reference to records has gained strength due to the requirement that judges have in the field of justifying their decisions, which is also subject to the control of the Supreme Court.
Conclusion: In some opinions of the Court of Administrative Justice and the Supreme Court, we can see an attempt to clarify the nature and meaning of the law and restore the authority of the Legislative Assembly to this institution.
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