Jurisprudence and Law
Ahmad Asadian; Jahanbakhsh Salariyan
Volume 18, Issue 5 , September 2018, , Pages 19-43
Abstract
The two terms "fair trial" and "statecraft and the principles of justice" were taken in the same sense and have been used interchangeably. No one should be deprived of his life, liberty, and property without a fair trial. "Fair trials" sometimes mean protections that derive from procedural legal rules, ...
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The two terms "fair trial" and "statecraft and the principles of justice" were taken in the same sense and have been used interchangeably. No one should be deprived of his life, liberty, and property without a fair trial. "Fair trials" sometimes mean protections that derive from procedural legal rules, and sometimes they mean protections that result from substantive legal rules, such as rules related to fundamental rights and freedoms. The principles and standards of fair trial, which are set out in international human rights documentation, have addressed the conditions and requirements of national courts and judicial processes. On the other hand, the intrinsic components of a fair trial fall into three categories: 1. Structural and institutional guarantees such as independence and impartiality; 2. Principles and rules that should govern each stage of the judicial process and guide the entire process in a way that results in a fair outcome; 3. Elements and components of a fair trial, which in a limited sense, are considered as legal rights and include: freedom from something (immunity) like the right to non-arbitrary arrest or enjoying something like the right to have a lawyer. In this article, while attempting to enumerate the factors governing the principles of fair trial, a critical and comparative study has been undertaken in both domestic and international domains.
Jurisprudence and Law
Ziba Zafari; Javad Panjepour; Ahmad Abedini
Volume 18, Issue 5 , September 2018, , Pages 207-226
Abstract
Judgment is a great thing that sometimes becomes a platform for the unpopularity of human society. Therefore, in Imamiyya jurisprudence, a valuable place is set for the judge, and the installation and deployment of judges in this sensitive position has been accompanied by specific conditions and attributes. ...
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Judgment is a great thing that sometimes becomes a platform for the unpopularity of human society. Therefore, in Imamiyya jurisprudence, a valuable place is set for the judge, and the installation and deployment of judges in this sensitive position has been accompanied by specific conditions and attributes. The attitude of the jurisprudential texts and profound thought in the traditions and sayings of the Prophet (pbuh), the infallibles (as) and the words of the elders, all indicate that this position is important.Shiite jurisprudence with all its breadth and dynamics, in dealing with the events of the day and the needs of the day require the ghur, thinking, relaxation, and flexibility that in the absence of the infallible Imams, the hypocrites, scholars and clergymen of the Shari'a are supposed to work on this path and put them on the shoulders of ijtihad. In this regard, the category of innovation and ijtihad is apparent in the course of compilation of the laws of the Islamic Republic of Iran, which is derived from this dynamic theology. In this study, we will look at the current laws in conformity with the jurisprudence of the Imamieh, and to see to what extent the status and functioning of the judiciary have been transcendental, fruitful, and responsive to the developments of the day.
