The Judiciarys Law Journal

The Judiciarys Law Journal

Requirements of the Ideal Model of Supervising Judges in the Light of the Principle of Independence of the Judge

Document Type : Research/Original/Regular Article

Authors
1 Department of Criminal Law and Criminology, Faculty of Islamic Studies and Law, University of Imam Sadiq, Tehran, Iran
2 Faculty of Islamic Studies and Law, University of Imam Sadiq, Tehran, Iran
Abstract
The principles of judge's independence and supervision of judges are among the consensus principles governing justice, whose necessity and essential role in realizing various governance goals, especially in fair proceedings and judicial justice, is undeniable. Although this position has been emphasized in many types of research, there has always been a difference regarding the exact definition and concept of these two principles and their relationship with each other, and the mechanism of observing the principle of the judge's independence in the process of supervising judges. This article has investigated this issue with a descriptive-analytical method using library sources. At first, by examining and providing a detailed definition of the principles of independence of judges and supervision of judges. It has been determined that these two principles are not originally negating and violating each other. Still, they are complementary to each other under the condition of respecting the judge's independence in the different stages of supervision of judges, which is possible by following the principles. Then according to this, the principles must be followed in the three stages and pillars of supervision. It has been explained that the principle of independence of the judges should be respected to protect the judges.
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Volume 88, Issue 127
Winter 2025
Pages 297-322

  • Receive Date 12 June 2023
  • Accept Date 25 October 2024
  • First Publish Date 21 November 2024
  • Publish Date 21 November 2024