The Jurisprudential Foundations of Judicial Governance in the Thought of Ayatollah Seyyed Mahmoud Hashemi Shahroudi: An Analysis of Modern Approaches in Judicial System Management
Subject Areas : Judical Administration and managementYousef Mohammadi Moghadam 1 , Reza Eaini 2 , Sajad Jiriyai Sherahi 3 , Amir Eaini 4
1 - Professor, Faculty of Judicial Registration and Management, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 - Master's degree, Faculty of Judical Sciences, University of Judical Sciences and Administrative Services, Tehran, Iran
3 - Master of Judical Sciences, University of Judical Sciences and Administrative Services, Tehran, Iran
4 - Master of Legal Sciences, University of Legal Sciences and Administrative Services, Tehran, Iran
Keywords: Judicial Jurisprudence, Judicial Governance, Dynamic Ijtihad, Ayatollah Hashemi Shahroudi, Strategic Judicial Management,
Abstract :
The judicial system, as one of the essential pillars of governance, requires a framework that, while adhering to jurisprudential principles and justice-centeredness, is also capable of addressing contemporary managerial challenges. Ayatollah Hashemi Shahroudi, as one of the prominent jurists and judicial reformers of contemporary times, presented a model of "jurisprudence-based judicial governance," based on dynamic ijtihad, structural justice, and systematic pragmatism. This study, using an analytical-descriptive method, examines the jurisprudential foundations underlying his judicial thought and evaluates their impact on the judicial reforms during his presidency of the Judiciary. The analysis of the theoretical foundations reveals that, in Ayatollah Hashemi Shahroudi's thought, justice-centeredness is presented as the core principle of judicial governance. It is institutionalized in judicial processes through jurisprudential rules such as the "Rule of Justice," the "Rule of No Harm," and "Rights of Others." Additionally, the role of dynamic ijtihad in adapting the judicial system to the demands of time emphasizes the potential of governance jurisprudence in managing the legal system. His reformative actions, such as revising criminal and civil procedure laws, combating economic corruption through institutionalizing jurisprudential-legal oversight, and utilizing modern technologies in judicial processes, demonstrate efforts to create a balance between tradition and modernity within the Judiciary. The findings of this research indicate that the model of judicial governance based on governance jurisprudence not only ensures religious legitimacy but also enhances transparency, efficiency, and accountability in the management of the judicial system. In this context, developing a strategic document for judicial management based on governance jurisprudence and fostering interdisciplinary research between jurisprudence, law, and management could facilitate the transformation and modernization of the judicial system. This study, by providing practical solutions, emphasizes the necessity of strengthening the convergence between jurisprudential foundations and management principles to achieve just and efficient governance within the judicial system.
