Criminological and Legal Investigation of Independence and Despotism of the Judge in Judgment

  •  Gholam-reza Mahdavi    


The most important criteria for realization of justice are independence and impartiality of judge when he makes a decision; it means that judge must see himself in a situation that he is not afraid of anything, and he should consider merely God, law and conscience in decision-making. Judge must have many conditions to sit in this position, and the judgment is perhaps the only position that he must has all these conditions together. The most basic tool of an independent judge is his knowledge and justice, and when knowledge and justice place beside an independent character, judicial process will be complete. In the Iranian constitution it has been reflected in Articles 156, 164 and 170 which show judge's independence. But beside independence, despotism of judge in decision-making should be noted. Despite basic difference between two words of “independence” and “despotism”, there is also a tiny likeness that both of the words have same meaning of making decision without involvement of other’s comment, but the root and origin of each word is different. Also it should be emphasized that consulting have not any conflict with independence of judge, but according to the advice of Sharia in verses and traditions of Islam, consultation is necessary for intellectual enhancement and development of people, especially the judge, who determines dignity, life, property and honor of people by his decision and his independence may convert into despotism and arrogance, without consulting. Constitution and normal laws have consider some solutions in various principles and articles to prevent despotism and to protect independence of judge in Iranian law that this issue can lead to a fair judicial system in Iran.

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