The Comparative Analysis of the Effective Factors on Prosecution’ s Legal-Constitutional Status among the Powers

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JALALI MOHAMMAD; Barkhordari Saeed

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Journal: Public Law Research Year:2019 | Volume:21 | Issue:63 Page(s): 129-160

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Information Journal Paper

Title

The Comparative Analysis of the Effective Factors on Prosecution’ s Legal-Constitutional Status among the Powers

Author(s)

JALALI MOHAMMAD | Barkhordari Saeed | Issue Writer Certificate

Keywords

ProsecutionQ1

Independence of ProsecutionQ1

status of ProsecutionQ1

DiscretionQ1

AccountabilityQ1

Abstract

The Prosecution is one of the most important public institutions in the realization of the rule of law and the protector of political rights and freedoms. However, there is no theoretical basis or practical practice regarding the position of this institution among the three powers. Affected by the legal structure and historical and political issues of each country, four factors have been influential in the formation of the position of the Prosecutor's Office: the executive structure; the structure of the judiciary; the independent Prosecution; and the elected Prosecution, which makes it impossible to introduce a desirable and ideal model for all systems. However, this paper will attempt to examine the four factors and concerns about the Prosecution's position among the three powers. These factors include: the independence of the prosecutor's office; the separation of the Prosecution and Adjudication; and the need for Prosecution policy-making and Accountability. For the desirable position of the Prosecution among the powers, it is necessary to strike a balance among these four concerns and effective factors in accordance with the political situation and the historical context of the formation of powers in any legal system.

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APA: Copy

JALALI, MOHAMMAD, & Barkhordari, Saeed. (2019). The Comparative Analysis of the Effective Factors on Prosecution’ s Legal-Constitutional Status among the Powers. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 21(63 ), 129-160. SID. https://sid.ir/paper/225306/en

Vancouver: Copy

JALALI MOHAMMAD, Barkhordari Saeed. The Comparative Analysis of the Effective Factors on Prosecution’ s Legal-Constitutional Status among the Powers. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;21(63 ):129-160. Available from: https://sid.ir/paper/225306/en

IEEE: Copy

MOHAMMAD JALALI, and Saeed Barkhordari, “The Comparative Analysis of the Effective Factors on Prosecution’ s Legal-Constitutional Status among the Powers,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 21, no. 63 , pp. 129–160, 2019, [Online]. Available: https://sid.ir/paper/225306/en

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