Guarantees of the Enforcement of Strategic Principles in Civil Proceedings: A Comparative Study Between Iranian and English Law

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Ali Zahra; Habibi Dargah Behnam; Ghasemi Ahd Vahid

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Journal Paper

Paper Information

Journal: ENCYCLOPEDIA OF COMPARATIVE JURISPRUDENCE AND LAW Year:2023 | Volume:1 | Issue:2 Page(s): 95-114

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Information Journal Paper

Title

Guarantees of the Enforcement of Strategic Principles in Civil Proceedings: A Comparative Study Between Iranian and English Law

Author(s)

Ali Zahra | Habibi Dargah Behnam | Ghasemi Ahd Vahid | Issue Writer Certificate

Keywords

principles of civil procedure

enforcement guarantees

fair trial

Iranian law

English law

Abstract

The right to a fair trial encompasses a set of principles and rules established to protect the rights of the parties involved in legal proceedings. These guarantees, recognized as fundamental and essential human rights, are explicitly referenced in international human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and the American Convention on Human Rights. This right is also examined comparatively within the legal frameworks of Iran and England. This research is theoretical in nature, utilizing a descriptive-analytical method. Data collection was conducted through a library-based approach by consulting documents, books, and scholarly articles. The findings of the study indicate that if the international principles of a fair trial are implemented with precision and courage, they lead to the strengthening of public trust in fair and reliable adjudication. This is due to the fact that the integrity and proper functioning of other branches of government depend on the health and credibility of the judiciary. The principles of fair trial in civil proceedings are shared between English law and Iranian law. However, in both jurisdictions, these principles lack explicit enforceable guarantees. The enforcement mechanisms that do exist stem from the implicit acceptance of the spirit of fair trial principles, which are acknowledged within the laws of Iran and England. These mechanisms are not the result of explicit statutory provisions specifically designed to enforce the right to a fair trial.

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