Document Type : Research/Original/Regular Article
Authors
1 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
2 Phd student in Criminal Law and Criminology at University of Tehran, Facaulty of law and political sciences
3 LLM graduated from Faculty of law and political Science at Shiraz university
4 LLM student in Farabi branch of University of Tehran
Abstract
Legal policy-making that borrows problem-based and interdisciplinary approaches from public policy aims to solve problems in the legal system. Dispersed judicial decisions in courts are a problem in the Islamic Republic of Iran’s legal system that has not been considered in a problem-based manner, and no attempts have been made to solve it effectively. There are various causes for dispersed judicial decisions, but ambiguous rules are the most important. This paper provides two suggestions to prevent ratifying vague rules that drive dispersed judicial decisions by applying a descriptive and analytical method using library resources. The first suggestion is to use explanatory notes within the Iranian legal system to enhance the understanding of legislator purposes and goals for making a particular law as a substitute for the unpublished detailed negotiations held by parliament representatives. The second suggestion, inspired by economic and policy labs, is to establish a “Judicial laboratory” for analyzing the judges’ inference from the draft of the law in a quasi-real environment, before ratification, to reduce the gap between lawmaking and implementation.
Keywords
- Legal policy-making
- Public policy
- Dispersed judicial decisions
- Explanatory note
- economic lab
- Policy lab
- Judicial lab
Main Subjects
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