Amendment of the Judiciary through Revision of Laws and Regulations

Document Type : Original Article

Authors

1 Islamic Azad University, Ayatollah Amoli branch, Amol, Iran

2 Assistant Professor of Law, Islamic Azad University, Tehran Central branch

3 Assistant Professor of Law, Shahed University

10.22034/jlr.2020.185010.1627

Abstract

Abstract
Statutory laws need to be revised and amended based on cultural requirements and social consequences and feedback in order to prevent the increase of inefficient laws, reduce the great number of various cases and improve and optimize the efficiency of the judiciary. The existence of an exclusive legislative assembly consisting of professionals and elites can facilitate reaching qualified results. The other amendatory priorities in selecting the most qualified judges and improving the judiciary could be including the “wisdom age” and prior legal experience of judiciary position candidates, revising the laws regarding the personality selection of prime candidates, and enacting up-to-date laws based on Islamic teachings. It is worth mentioning that the less qualified judges may make use of some modern tools improperly to compensate for their inferiorities, which is of no benefit as their legal actions lack scientific background. Therefore, the result would be inauthentic and spurious actions leading to the degradation of judicial decisions. Having been said, considering the fundamental role of judges in ongoing cases in the judiciary, this article is an attempt to investigate the significance of revising the employment and selection rules, and the necessity of improving the quality of legislation.

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History

  • Receive Date: 02 June 2020
  • Revise Date: 04 September 2020
  • Accept Date: 09 September 2020

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