THE ROLE OF JUDGES IN INTERPRETING CRIMINAL LAWS

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

AGHAIE NIA HOSSEIN; SHOJAEI ALI

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

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2012 | Volume:42 | Issue:3 Page(s): 41-56

Download Full-Text

Persian Verion

View:

596

Download:

Cites:

Information Journal Paper

Title

THE ROLE OF JUDGES IN INTERPRETING CRIMINAL LAWS

Author(s)

AGHAIE NIA HOSSEIN | SHOJAEI ALI | Issue Writer Certificate

Keywords

INTERPRETATIONQ2

JUDGESQ2

ACTINGQ2

DEMOCRACYQ2

SEPARATION OF POWERSQ2

UPDATING MEANINGSQ2

FORE-STRUCTUREQ2

PURPOSE OF LAWQ2

Abstract

Judges should not be regarded as mere speakers of and tools in the hands of the legislature. They are as actors animating the laws enacted. The JUDGES’ ACTING can be justified on three grounds: limitations of law-making, including lack of expertise in and inattention of, the being expedient of, and purposeful acts of legislature, being societies in transition, and impossibility of anticipating all cases and situations as well as the inherent indeterminacy of language in some cases; correcting the legislature’s deviance by means of INTERPRETATION based on the principle of SEPARATION OF POWERS; and updating the meanings of the criminal laws and adapting them to prerequisites of collective life at the time of interpreting the laws. The JUDGES’ ACTING reflects in three forms, i.e., exploring (vs. making) the meanings of criminal laws, effects of their FORE-STRUCTUREs on INTERPRETATION, and formulation of the purpose of criminal laws.

Cites

No record.

References

No record.

Cite

APA: Copy

AGHAIE NIA, HOSSEIN, & SHOJAEI, ALI. (2012). THE ROLE OF JUDGES IN INTERPRETING CRIMINAL LAWS. PRIVATE LAW STUDIES, 42(3), 41-56. SID. https://sid.ir/paper/124834/en

Vancouver: Copy

AGHAIE NIA HOSSEIN, SHOJAEI ALI. THE ROLE OF JUDGES IN INTERPRETING CRIMINAL LAWS. PRIVATE LAW STUDIES[Internet]. 2012;42(3):41-56. Available from: https://sid.ir/paper/124834/en

IEEE: Copy

HOSSEIN AGHAIE NIA, and ALI SHOJAEI, “THE ROLE OF JUDGES IN INTERPRETING CRIMINAL LAWS,” PRIVATE LAW STUDIES, vol. 42, no. 3, pp. 41–56, 2012, [Online]. Available: https://sid.ir/paper/124834/en

Related Journal Papers