Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Principles Governing the Judicialization of Politics and Its Approaches in Iranian Law

Document Type : research

Authors
1 PhD student in Public Law, Science and Research Unit, Islamic Azad University, Tehran, Iran.
2 Associate Professor, Department of Public Law, Shahid Beheshti University, Tehran, Iran.
3 Associate Professor, Department of Public - International Law, Faculty of Law, University of Qom, Qom, Iran.
10.22034/ejs.2024.434078.1654
Abstract
Background and Aims: The importance of justice in society, the place of justice Judiciary, as the main supporter of individual rights, has a significant position in realizing justice and issuing just and fair judgments based on the law. The purpose of this article is to examine the principles governing judicialization of politics and its approaches in Iranian law.
Materials and Methods: This article is theoretical and descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
Findings: Judicialization of politics is the use of judicial tools and judicial authorities to deal with political problems and dilemmas. In solving political problems, the importance of a judiciary that is free from any kind of weakness and corruption is not hidden from anyone. One of the manifestations of the judicialization of politics can be seen in the circular of the Honorable Head of the Judiciary regarding "the need to administer justice and fair trial to the accusations of the perpetrators of political crimes", in order to implement the political crime law approved on 29 Farvardin 1995. He found the judicialization of politics well
Conclusion: Judiciary supports basic policies such as acquittal, legal punishment, fair trial, prohibition of torture, preserving the dignity of convicts, etc., which guarantee people's basic rights and freedoms.
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