@@APPEAL TO CRIMINAL DECREES IN IMAMIN SCHOOL OF LAW & IN THE PROVISIONS

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BEKHNAVEH K.

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

Journal Paper

Paper Information

Journal: DANESHVAR MEDICINE Year:2002 | Volume:9 | Issue:39 Page(s): 9-28

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Information Journal Paper

Title

@@APPEAL TO CRIMINAL DECREES IN IMAMIN SCHOOL OF LAW & IN THE PROVISIONS

Author(s)

BEKHNAVEH K. | Issue Writer Certificate

Keywords

IMAMIN SCHOOL OF LAWQ4

ISLAMIC JUDGEMENTQ4

REVIEW OF THE VERDICTS APPEALQ4

ISLAMIC JUSDGEQ4

A JUDGE IN THE MINISITY OF JUSTICEQ4

Abstract

After the victory of the Islamic Revolution, islamization of the all bases of the Islamic .systemwas a prevalent thoughtwhich was revealedas a cornerstone of the society.Accordingly, establishment of the Islamic Judicial system, based on Islamic jstic which consists of judges who are both just and knowledgeable with respect to all Islamic provisions, which has been provided as a main object in Iranian constitutionl law. Consequently, the .first legislation of the newly established Islamic system, i.e. the Islamic Revolution council made velY important changes in hoth substantive and fromal laws. This trend has been continued by the Islamic parliament after being ,stablished.Unfortunately the changes with respect to formal provisions of law particularly on the ground of principals of the criminal procedure and juditial review of the courts decisions have been so deep and imprecise as ths legislator who has to pass a new law with completely different and opposite contents, very soon after any change the situation has been continued up to now and still the legislator does not follow any spesific and stable priniciple with regard to the foregoing changes.Sometimes the law passed by the parliament considers judicial review ofa courts decision against the unlawfull while later on the parliament may change the law so as it legalize such a review of the aforegoing decision in a way that one may think it is improbably of a court to pronounce a binding verdict. Accordingly, it is necessmy to clarify whether these changes are in accordance with common law and whether in which circumstances a court~sdecision may be quashed.On this bases, firstly article trys to distinguish between the judges under the cammon law and those who work in the ministy of justice and second to discuss the issue of the reveiw orland quashing of a judge"s decision under the Imamian school of law to ,find out clear and basic principals of this school concerning the aforesaid issues.Finally, the article will compare these principals with the provisions of the law at current status to indicate that any change concerning of criminal proccedure after Islamic Revoltion wasbased on mimnden-tading of the principals of the Imamian school of law. Passing various legislations by the parliament is a clear evidence in this respect and Islamic jurisprodence not only agrees with the review of unlawfull decsitions of a court but also agrees with other principals on this basis.

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