Parliamentary Accountability of the Judiciary as Challenge of Judicial Independence

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Nemati Mozhgan; HABIBZADEH MOHAMMAD JAFAR; MOUSAVI MOJAB SEYED DARID

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2021 | Volume:85 | Issue:115 Page(s): 327-347

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Information Journal Paper

Title

Parliamentary Accountability of the Judiciary as Challenge of Judicial Independence

Author(s)

Nemati Mozhgan | HABIBZADEH MOHAMMAD JAFAR | MOUSAVI MOJAB SEYED DARID | Issue Writer Certificate

Keywords

accountabilityQ1

the judiciaryQ1

Judicial IndependenceQ1

The ParliamentQ2

The Right of InvestigationQ1

Abstract

In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, must be held accountable for its performance at various levels, in particular, the procedures, decision-making process and implementation of decisions. However, accountability in the judicial system has always been faced many opposite views to guarantee Judicial Independence and other considerations such as sensitivity and specific function of the judiciary. In this paper, with emphasizing the necessity of creating a balance between the two competing values, namely 'independence' and 'accountability', the available capacities of the Iranian legal system are examined specifically regarding the accountability of the judiciary to the legislature and its members. The research method is descriptive-analytical and by utilizing library resources, this article while explaining why the judiciary is accountable to parliament, attempts to analyze and critique opposite views in this regard. The results of this study show that although the accountability of the judiciary has some differences and limitations compared to other institutions, undoubtedly Judicial Independence never means impunity or exemption from accountability. The examination of the available capacities in the constitution, including the right of parliament members to express comment and investigate, as well as the mechanism for dealing with complaints and reports submitted to the commission of the ninety principle, illustrates the fact that can be achieved to a degree of accountability of the judiciary to The Parliament-especially with regard to judicial processes-while guarantee and respecting the Judicial Independence.

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APA: Copy

Nemati, Mozhgan, HABIBZADEH, MOHAMMAD JAFAR, & MOUSAVI MOJAB, SEYED DARID. (2021). Parliamentary Accountability of the Judiciary as Challenge of Judicial Independence. THE JUDICIARY’S LAW JOURNAL, 85(115 ), 327-347. SID. https://sid.ir/paper/412081/en

Vancouver: Copy

Nemati Mozhgan, HABIBZADEH MOHAMMAD JAFAR, MOUSAVI MOJAB SEYED DARID. Parliamentary Accountability of the Judiciary as Challenge of Judicial Independence. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;85(115 ):327-347. Available from: https://sid.ir/paper/412081/en

IEEE: Copy

Mozhgan Nemati, MOHAMMAD JAFAR HABIBZADEH, and SEYED DARID MOUSAVI MOJAB, “Parliamentary Accountability of the Judiciary as Challenge of Judicial Independence,” THE JUDICIARY’S LAW JOURNAL, vol. 85, no. 115 , pp. 327–347, 2021, [Online]. Available: https://sid.ir/paper/412081/en

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