The position of judicial oversight of judicial independence in contemporary legal systems
| Autor | Gholamreza Jalali - Seyyed Vahid Lajevardi - Abbas Ali Heydari |
| Cargo | PhD Student in Private Law, Arak Branch, Islamic Azad University, Arak, Iran - Assistant Professor, Department of Private Law, Arak Branch, Islamic Azad University, Arak, Iran - Assistant Professor, Department of Jurisprudence and Law, Arak Branch, Islamic Azad University, Arak, Iran |
| Páginas | 494-506 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 02 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
494
THE POSITION OF JUDICIAL OVERSIGHT OF JUDICIAL
INDEPENDENCE IN CONTEMPORARY LEGAL SYSTEMS
Gholamreza Jalali1
Seyyed Vahid Lajevardi2
Abbas Ali Heydari3
Abstract: In the political systems of
nations, independence from the political
pressure exerted by government officials
and legislators guarantees the
impartiality of judges. Thus, the power
of judges to review public law and to
violate the constitution by them acts as a
fundamental obstacle to the possible
abuse of power by the state. This power
requires the courts to be independent and
able to make their decisions based on the
law. Administrative and institutional
independence of the judiciary has never
been a matter of purpose and has not
been an inherent matter, but has been a
means of securing the independence of
the judge. Because the mere
organizational and organizational
independence of the judiciary is as valid
as the independence of the legislature
and the executive. The emphasis,
1 PhD Student in Private Law, Arak Branch, Islamic Azad University, Arak, Iran.
2 Assistant Professor, Department of Private Law, Arak Branch, Islamic Azad University, Arak,
Iran. (Corresponding Author)
3 Assistant Professor, Department of Jurisprudence and Law, Arak Branch, Islamic Azad
University, Arak, Iran
therefore, on judicial independence in
this sense must, to some extent, be that
the balance of power is maintained. Just
as judges in the United States and
England are elected by political bodies
such as the President and the Senate,
there must be a way for the judiciary to
maintain the balance of power, which is
nothing but judicial oversight.
Keyword: Judicial independence,
separation of powers, judicial oversight
Introduction
Judicial autonomy is when
judges are judged solely on the basis of
their legal standards and the guidance of
their conscience without any outside or
internal influence. The judge should not
be afraid of any obstacles and should not
be deterred by fear of dismissal,
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