Legal policy making and prevention of dispersed judicial decisions: reducing the range of interpretations for rules by using explanatory notes and a judicial laboratory

Bahremand, Hamid; Ameri Sani, Amirkia; Farahmand, Azar; Hajizadeh, Amirhosein

doi:10.22106/jlj.2023.1987699.5155

Legal policy making and prevention of dispersed judicial decisions: reducing the range of interpretations for rules by using explanatory notes and a judicial laboratory

Document Type : Research/Original/Regular Article

Authors

Hamid Bahremand ¹

Amirkia Ameri Sani ²

Azar Farahmand ³

Amirhosein Hajizadeh ⁴

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

10.22106/jlj.2023.1987699.5155

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to enhance the understanding of legislator purposes and goals for making a particular law as a substitute for the unpublished detailed negotiations held by parliament representatives.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

Subjects