نوع مقاله : پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Authority, although related to power, is distinguished from power in that it always contains legitimacy and acceptability within itself. According to the findings of social psychology, the legitimacy or acceptability of authority leads to people's obedience and following of it. This research, using a descriptive method with library sources and analysis of collected materials, after examining the reasons for the necessity of authority, concludes that authority is a prerequisite for judgment; however, blind obedience to judicial decisions can lead to personal or social harms. Among the negative consequences of obeying the organizational or personal power of judges instead of judicial authority, or the misuse of it by some judicial officials, one can refer to following the judges' biases and their ideological decisions, following some judicial errors, and the general distrust towards the judicial system in the long term. In this research, to neutralize the harms, solutions such as strengthening the internal controls of judges through judicial ethics, observing the principle of good faith, interpretivism instead of expediency, and strengthening external controls through ex post or ex ante supervision of judges, decriminalization and dejudicialization in conjunction with creating non-criminal response networks, and predicting the obligation for legal notification regarding judicial decisions have been presented and explained.
کلیدواژهها English