The role of legal principles on the judicial interpretation of laws

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Joghataey Abbas; Nassiran Davood; ABBASIAN REZA

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

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Journal: Journal of Judicial Law Views Year:2020 | Volume:25 | Issue:90 Page(s): 297-316

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Information Journal Paper

Title

The role of legal principles on the judicial interpretation of laws

Author(s)

Joghataey Abbas | Nassiran Davood | ABBASIAN REZA | Issue Writer Certificate

Keywords

legal principles

judicial interpretation

spirit of law

law territory

Abstract

According to articles 3 of laws of civil procedure, judges are responsible for issuing verdicts according to legal principles when there is ambiguity or lack of law. In these laws at first, the concept of legal principles is not distinctive on the relationship with laws, the spirit of law, judicial decrees and jurisprudential rules. Second, there is not any standard for judges to distinguish legal principle from non-legal principle. legal principles in spite of law and Islamic reliable sources and judicial decrees are not collected into a book,therefore, their performances are complicated and difficult. The main goal of this investigation is the recognition of legal principles as the better standard for the interpretation of laws. legal principles are representative of the community values that laws constitute according to it. So, legal principles are the best standard for comprehending law in this sense when the law is ambiguous, the legal principles are standards for interpretation of law and on the lack of law as the base for issuing verdicts on the courts. The judge must perform those legal principles that are as the best vindicator. The interpretation base on legal principles makes formation of uniform procedure on the courts.

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APA: Copy

Joghataey, Abbas, Nassiran, Davood, & ABBASIAN, REZA. (2020). The role of legal principles on the judicial interpretation of laws. JOURNAL OF JUDICIAL LAW VIEWS, 25(90 ), 297-316. SID. https://sid.ir/paper/1044703/en

Vancouver: Copy

Joghataey Abbas, Nassiran Davood, ABBASIAN REZA. The role of legal principles on the judicial interpretation of laws. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2020;25(90 ):297-316. Available from: https://sid.ir/paper/1044703/en

IEEE: Copy

Abbas Joghataey, Davood Nassiran, and REZA ABBASIAN, “The role of legal principles on the judicial interpretation of laws,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 25, no. 90 , pp. 297–316, 2020, [Online]. Available: https://sid.ir/paper/1044703/en

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