LEGISLATIVE VOIDS AND APPLICATION OF JURISPRUDENTS' LEGAL OPINIONS IN THE JUDICIAL SYSTEM OF IRAN (A SURVEY OF ARTICLE 167 OF IRI CONSTITUTION)

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KHOEINI GHAFUR; ZOLFEQARI SOHEIL

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Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2012 | Volume:12 | Issue:2 (34) Page(s): 79-99

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Title

LEGISLATIVE VOIDS AND APPLICATION OF JURISPRUDENTS' LEGAL OPINIONS IN THE JUDICIAL SYSTEM OF IRAN (A SURVEY OF ARTICLE 167 OF IRI CONSTITUTION)

Author(s)

KHOEINI GHAFUR | ZOLFEQARI SOHEIL | Issue Writer Certificate

Keywords

CONSTITUTIONQ2

ARTICLE 167Q2

WRITTEN LAWQ2

SPIRIT OF LAWQ2

AUTHORITATIVE SOURCESQ2

Abstract

Article 167 of the CONSTITUTION devised towards removing the flaws in the legal system confronts numerous theoretical and practical obstacles in its implementation. On the one hand, the way of access to the AUTHORITATIVE SOURCES and legal opinions introduced in the Article is ambiguous and on the other hand, the possibility of benefitting from some of these sources is under question for some judges. Besides, there is no ruling for many new arising questions of law due to their unprecedented nature in jurisprudential sources.In case we find a ruling for them in these sources in spite of all difficulties, the diversity among religious scholars would hinder the creation of a single and organized system in the judicial system harming the foundations of the society's confidence in the judiciary. Presenting some of the obstacles before this article, we would try- as far as these Articles are valid- to apply certain interpretive methods towards reducing the domain of their implementation and resolving their problems. The practical approach of the courts i.e. their little interest in referring to this article, particularly in criminal affairs, is also a witness to this fact.

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APA: Copy

KHOEINI, GHAFUR, & ZOLFEQARI, SOHEIL. (2012). LEGISLATIVE VOIDS AND APPLICATION OF JURISPRUDENTS' LEGAL OPINIONS IN THE JUDICIAL SYSTEM OF IRAN (A SURVEY OF ARTICLE 167 OF IRI CONSTITUTION). ISLAMIC LAW RESEARCH JOURNAL, 12(2 (34)), 79-99. SID. https://sid.ir/paper/229409/en

Vancouver: Copy

KHOEINI GHAFUR, ZOLFEQARI SOHEIL. LEGISLATIVE VOIDS AND APPLICATION OF JURISPRUDENTS' LEGAL OPINIONS IN THE JUDICIAL SYSTEM OF IRAN (A SURVEY OF ARTICLE 167 OF IRI CONSTITUTION). ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2012;12(2 (34)):79-99. Available from: https://sid.ir/paper/229409/en

IEEE: Copy

GHAFUR KHOEINI, and SOHEIL ZOLFEQARI, “LEGISLATIVE VOIDS AND APPLICATION OF JURISPRUDENTS' LEGAL OPINIONS IN THE JUDICIAL SYSTEM OF IRAN (A SURVEY OF ARTICLE 167 OF IRI CONSTITUTION),” ISLAMIC LAW RESEARCH JOURNAL, vol. 12, no. 2 (34), pp. 79–99, 2012, [Online]. Available: https://sid.ir/paper/229409/en

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