The Principle of "Focus on Judicial Affairs in the Judiciary" (Analysis of International Documents and Iranian Legal System)

Authors

  • Eisa Haghi PhD Student, Faculty of Jurisprudence and Principles of Islamic Law, Islamic Azad University (IAU) of Mashhad, Mashhad, Iran
  • Hossein Ahmadi Assistant Professor, Faculty of Jurisprudence and Principles of Islamic Law
  • Hassan Shariati Faculty of Jurisprudence and Principles of Islamic Law

DOI:

https://doi.org/10.37591/jhrlp.v3i2.489

Keywords:

Intrinsic judicial affairs; Dispute settlement; International documents; Quasi-judicial authorities; Judicial authorities; Focus on the judicial system

Abstract

The focus of judicial affairs in the judiciary, which was addressed in the fifth paragraph of the General Judicial Policy adopted in 2000, is a dilemma of the issues involved in Iran's criminal justice system in contrast to the relatively independent institutions of the judiciary. The parallelism, implementation of heterogeneous judicial policies and the ineffective influence results from the lack of concentration of judicial affairs in the judiciary and the involvement. Other forces in these matters have led to the need for pathology and provision of solutions to this problem so as to achieve a peaceful adjustment of disputes. Therefore, in this paper, the jurisprudence of criminal justice is reviewed and analyzed by assessing the concept of judicial affairs, recognizing it from similar concepts in the context of international documents, domestic law and violations of the centralization of judicial affairs in Iranian criminal justice. In this way, independent quasi-judicial authorities of the judiciary such as the Governmental Discretionary Punishments Organization and the Dispute Resolution Council have been criticized.

Author Biographies

Hossein Ahmadi, Assistant Professor, Faculty of Jurisprudence and Principles of Islamic Law

Faculty of Jurisprudence and Principles of Islamic Law, IAU- Mashhad Branch, Mashhad, Iran

Hassan Shariati, Faculty of Jurisprudence and Principles of Islamic Law

Assistant Professor, Faculty of Jurisprudence and Principles of Islamic Law, IAU- Mashhad Branch, Mashhad, Iran

Published

2020-11-26

How to Cite

Haghi, E., Ahmadi, H., & Shariati, H. (2020). The Principle of "Focus on Judicial Affairs in the Judiciary" (Analysis of International Documents and Iranian Legal System). Journal of Human Rights Law and Practice, 3(2), 30–45. https://doi.org/10.37591/jhrlp.v3i2.489