Akhlāq-i zīstī i.e., Bioethics Journal

Abstract

Background and Aim: The law creates rights and obligations for everyone against each other by setting fixed criteria. An organization with an impartial structure is necessary to guarantee the rights of citizens in addition to the judge’s independence for, on the one hand to prosecute and punish those who violate the rights of others by violating these criteria and on the other hand to prevent that any claim against the person bothers him and ignores his individual and social rights and let end his punishment. The purpose of this article is to investigate the effect of structural factors on the judge’s independence in the light of the charter of citizenship rights.

Materials and Methods: This descriptive-analytical article has been written in a library method by taking notes and collecting information.

Findings: Usually the existence of rules and regulations that are fair and appropriate to social needs and in harmony with the lofty purpose of life, as well as the health of the judge's personality and purity of conscience and the correctness of his perceptions are taken for granted, but the debate on the judiciary independence will be complete and efficient when the nature of the law and its role in the order of today's societies and the criteria for recognizing the judge’s importance and competence and its impact on the functioning of the judiciary are explored. Because not paying attention to these two issues in examining the concept of judiciary independence and implementing it in the community in the best case will lead to the judge’s governance over the fate of affairs within framework of the law.

Conclusion: The highest values are equality and justice and judges are the main guardians of justice. When a judge is independent, in fact, no one interferes in his work, so citizens’ rights are respected. In fact, judge’s independence includes personal and institutional relations and it is structural independence in the face of pressure from litigants and government officials and internal independence refers to mechanisms related to protecting the judges’ independence from the pressure that may be exerted by the judiciary itself.

Please cite this article as: Beyranvand R, Mirkamali SA, Rajabi A. Guarantees Governing Judge’s Independence in the Light of the Charter of Citizenship Rights. Bioethics Journal, Special Issue on Citizenship Rights, Autumn 2018; 261-271.