Philosophy of Law
Reza Pourmohammadi; Hosein simaei sarraf
Abstract
Simply speaking legislative history is the history with regard passage of a particular legislation. It includes: the government's statement of reasons for a bill and the legislative antecedents statutory provision under consideration; pre parliamentary materials relating to the or the statute in which ...
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Simply speaking legislative history is the history with regard passage of a particular legislation. It includes: the government's statement of reasons for a bill and the legislative antecedents statutory provision under consideration; pre parliamentary materials relating to the or the statute in which it is contained, such as reports of and commissions reviewing the existing law and recommending and; parliamentary materials such as the floor debates in the legislature. In our legal system, the validity of the legislative history in legal interpretation is somehow considered as unquestionable presupposition. Therefore, the institutions responsible for interpretation, including the Council of Guardian, feel committed to it. Despite the role of legislative history in legal interpretations, its nature, types and criteria are unclear and unresolved. In this article, I first provide a precise definition of legislative history and its types, and then try to convince you that any reference to legislative history in interpretations is misleading. For, first, there is no such thing as the intention of the legislature to make legislative history a means of collecting it; Secondly, assuming the existence of the intention of the legislator, such a thing is not accessible to the interpreter, and thirdly, assuming that it is accessible, the search of the intention of the legislator through the legislative history has no unconstitutional.
Philosophy of Law
Reza Pourmohammadi; Mohammad Mahdi Yousefi
Abstract
Although the focus of judicial decisions is on laws and evidence, other factors also play crucial roles. Judges' gender is one such factor hypothetically influencing judicial decision-making. The present study seeks to determine whether, based on statistical and empirical evidence, a correspondence can ...
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Although the focus of judicial decisions is on laws and evidence, other factors also play crucial roles. Judges' gender is one such factor hypothetically influencing judicial decision-making. The present study seeks to determine whether, based on statistical and empirical evidence, a correspondence can be detected between the judges’ gender and their judicial decision-making. Using the descriptive-analytical method, the present study tries, first, to achieve a coherent understanding of this issue by analyzing the research already carried out on the judges' gender and, in the next step, to provide solutions to control –or at least minimize- the unconscious impact of gender on decision-making. The solutions presented in this research fall into two categories: personal strategies and structural strategies. In the first category, we try to provide recommendations to strengthen cognitive powers, while in the second, we will suggest ways to minimize the impact of judges' gender by structurally reforming the judiciary system
