Principles and Propositions for Realizing a New Model of Sustainable Judicial Governance: Lessons from a Comparative Study of the Judicial Systems of the United States, the United Kingdom, China, France, and Germany
Subject Areas : Judical GovernanceSeyyed Samsameddin Qavami 1 , Nima Norouzi 2
1 - Director of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, Iran
2 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
Keywords: sustainable judicial governance, judicial independence, institutional transparency, inclusive justice, comparative study, discourse-building,
Abstract :
The realization of sustainable judicial governance requires structural, cultural, and institutional reforms capable of simultaneously guaranteeing judicial independence, transparency, accountability, and social justice. Adopting a comparative approach, this article examines five countries—the United States, the United Kingdom, China, France, and Germany—as cases with differing legal and institutional contexts. The findings indicate that the United States enjoys a high degree of judicial independence but weak institutional cohesion; the United Kingdom, with its common law tradition and independent institutions, has achieved high social legitimacy, yet limited financial resources threaten comprehensive justice; China, through institutional centralization and technological innovation, has increased efficiency, but the independence of judges is constrained; France emphasizes social justice and administrative cohesion but exhibits lower local flexibility; and Germany has managed to offer a balanced model of independence, transparency, and cohesion. Ultimately, the article introduces twelve key principles—including structural transparency, meaningful participation, merit-based selection, financial transparency, clear delegation of duties, open communication, definition of responsibilities, a unified institutional voice, financial independence, positive inter-institutional relations, case management, and discourse-building—as a framework for sustainable judicial governance. This framework can serve as a guide for countries seeking to integrate international experiences with local conditions.
