Judicial impartiality, criteria of determining and instances in international documents and European court of human right procedure

Document Type : Original Article

Authors

1 Ph.D. candidate of International Law, Faculty of law, theoloy and political sience, Olum tahghighat azad university, tehran, iran,

2 teacher

10.29252/jlr.2021.110968.1055

Abstract

Abstract

Wherever, legal document implies judicial independence, impartiality of judiciary is next to it. Judicial Impartiality like judicial independence is fundamental requirement of judgment and basic description of the judiciary. Impartiality is the matter that more than the other features of the judiciary is in consideration of people and the most fear and Dissatisfaction from the function of judiciary is caused by the lack of this feature. People may do not understand the necessity of judicial independence but know that impartiality is their Absolut rights and follow up observance of that. Litigating of 662 lawsuit from 1970 until 2021 at European court of justice proof this remark. The Judgments which implies of court procedure and many legal content such as distinction between subjective and objective impartiality. In this paper determine concept of judicial impartiality and its instance in accordance with practical procedure of courts and European court of human right.

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History

  • Receive Date: 22 December 2017
  • Revise Date: 21 September 2021
  • Accept Date: 09 October 2021

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