An Analytical Look at the Principle of Institutional and Personal Independence of the Judiciary from the Perspective of Jurisprudence, Law, and International Documents
Subject Areas : Judical Governance
1 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
Keywords: Judicial Independence, Judiciary Independence, Principle of Independence and Impartiality, Personal Independence, Institutional Independence,
Abstract :
Judicial independence is a prerequisite for the rule of law and a fundamental guarantee for fair trials. Therefore, every judge must strengthen and manifest judicial independence both personally and institutionally. In the Iranian legal system and Shia jurisprudence, judicial independence is primarily associated with the separation of powers, meaning the independence of the judiciary and the judge from external influences. Fundamental principles regarding the independence of the judiciary are a key legal issue, and considering that judges make crucial decisions about citizens' lives, freedoms, rights, duties, and property, the enhancement of judicial independence plays a significant role in ensuring justice and guaranteeing fundamental rights and freedoms. On the other hand, a lack of judicial independence can contribute to violations of citizens' rights and freedoms. This study explores both the institutional independence of the judiciary and the personal independence of judges and examines its boundaries from the perspectives of jurisprudence, law, and international documents.
