Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Explaining good governance in the judiciary of the Islamic Republic of Iran using the cybernetic model

Document Type : research

Authors
1 PhD student in Public Law, Department of Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran.
2 Assistant Professor, Department of Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran
3 Assistant Professor, Department of Law, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran.
10.22034/ejs.2024.436013.1667
Abstract
Background and purpose: A competent, just and law-abiding judicial system is one of the main components of good governance, and good governance is also one of the basic factors of development. The purpose of the current research is to explain two indicators of good governance in the judiciary of the Islamic Republic of Iran in the cybernetic model.
Materials and methods: This article is theoretical and descriptive analytical method is used. 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 texts, honesty and trustworthiness are observed.
Findings: The findings of the research show that the components of good governance, such as accountability, transparency, and responsibility, have not been defined and taken into account in the fundamental laws of Iran for the performance and duties of the judiciary. Of course, the constitutional law emphasizes the observance of citizenship rights, freedom, innocence and immunity of citizens, but no specific mechanism has been defined regarding the accountability and supervision of the judiciary as components of good governance.
Result: By analyzing and examining related researches, different components of the cybernetic model including monitoring and control, interactions, diversity of decision and collaborative decision making The results of the research showed that these two indicators have a lot of overlap with many components of the cybernetic model and can be the necessary conditions for making changes as well as the preparation .
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