Comparative study of the Status of Judicial Proceedings Legality in the Iranian and French Legal Systems

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JamshidPour Jaafar; KHOEINI GHAFOR; Tajari Farhad

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Journal: MAJLIS & RAHBORD Year:2020 | Volume:27 | Issue:101 Page(s): 295-316

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Information Journal Paper

Title

Comparative study of the Status of Judicial Proceedings Legality in the Iranian and French Legal Systems

Author(s)

JamshidPour Jaafar | KHOEINI GHAFOR | Tajari Farhad | Issue Writer Certificate

Keywords

Procedural LawQ1

Sources of LawQ1

Separation of PowersQ1

Validity of the CaseQ1

Abstract

The validity of judicial procedures differs in Common and Statutory laws. Contrary to the common law system, the privileged position of the statutory law in the Roman-German legal system has always marginalized other Sources of Law, in particular the judicial process. Unfortunately, such thinking has been dominated by Romani-Germanic families that on one hand, only laws can be influenced in the legal system for a long time as well as rule of laws can be only established by them. Also, they stressed on the monopoly role of the law as an inevitable perquisite for the establishment of democracy as well as the preservation of individual rights and freedoms. On the other hand, only representatives have rights to adopt laws and regulations that only the judiciary system could be thereby enforced them. While a group of lawyers do not deny the spiritual impact of laws as well as their effective role of judicial procedures in the development of rights, they aren’ t be taken into consideration as the source of law (in the legal system) for various reasons by other group. Examining different point of views mentioned above, a chosen idea addresses that in a general sense, the judicial process creates a certain kind of law which is observed non-mandatory rules by the courts as well as it should be considered as part of law sources.

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APA: Copy

JamshidPour, Jaafar, KHOEINI, GHAFOR, & Tajari, Farhad. (2020). Comparative study of the Status of Judicial Proceedings Legality in the Iranian and French Legal Systems. MAJLIS & RAHBORD, 27(101 ), 295-316. SID. https://sid.ir/paper/224845/en

Vancouver: Copy

JamshidPour Jaafar, KHOEINI GHAFOR, Tajari Farhad. Comparative study of the Status of Judicial Proceedings Legality in the Iranian and French Legal Systems. MAJLIS & RAHBORD[Internet]. 2020;27(101 ):295-316. Available from: https://sid.ir/paper/224845/en

IEEE: Copy

Jaafar JamshidPour, GHAFOR KHOEINI, and Farhad Tajari, “Comparative study of the Status of Judicial Proceedings Legality in the Iranian and French Legal Systems,” MAJLIS & RAHBORD, vol. 27, no. 101 , pp. 295–316, 2020, [Online]. Available: https://sid.ir/paper/224845/en

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