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Issue Info: 
  • Year: 

    2026
  • Volume: 

    55
  • Issue: 

    4
  • Pages: 

    2927-2950
Measures: 
  • Citations: 

    0
  • Views: 

    2
  • Downloads: 

    0
Abstract: 

Today, power, in all its forms and through all its organs, and those who wield it, can no longer escape the watchful eyes of the people. The judiciary, judges, and courts—whether in civil or criminal matters—are among the key pillars of power. If we understand democracy to mean government of the people, by the people, and for the people, the question arises: what kind of judiciary should a “for-the-people and by-the-people” judiciary be? This paper, written using a descriptive-analytical approach, finds that people will perceive a judiciary they do not identify with as a symbol of oppression. They will view its rulings not as judicial judgments but as unjust orders. Such a judiciary will lack legitimacy and respect and may become a refuge for wrongdoers. Therefore, mechanisms must be designed to ensure that the judiciary operates in accordance with democratic principles. If judges are not directly elected by the people, at least the committees responsible for selecting judges should consist of individuals acceptable to the public and free from any perception of being handpicked by the government. Moreover, in certain crimes, citizens should serve on jury panels, giving them a sense of ownership over judicial power. Even if judges and courts, like other branches of government, are not directly accountable to the public for certain reasons, courts must issue rulings with the public as their audience, deliver decisions that are worthy and impartial, and endeavor to address social issues to the fullest extent permitted by the legal system.

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Author(s): 

KADIVAR J.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    37-54
Measures: 
  • Citations: 

    1
  • Views: 

    1040
  • Downloads: 

    0
Abstract: 

This article attempts to classify the opponents' views on women's participation in the Iranian judiciary system. It starts out by describing women's status within the judiciary system. The article then proceeds, following such a description, by presenting a sketch on transformation of the status of women in the post-revolutionary Iranian judiciary system. For the writer it is an opportunity to study the evidence (documents) as submitted by the opponents of women's inclusion within the judiciary system. Finally, the article reaches the conclusion that neither Verses and the Traditions (Hadith) nor other reasons put forward, such as the weakness of women, none constitutes solid grounds for denying women's inclusion within the judiciary system, i.e., to hold the position of a judge.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    9-18
Measures: 
  • Citations: 

    1
  • Views: 

    5039
  • Downloads: 

    0
Abstract: 

Introduction: Nurses are the major group among health care professionals, and so, they must be had accountability in their nursing care delivery. Because, their errors' had effects on patients that it usually they are irreversible. So, legislators for preventing these errors in medical and nursing staff define many penalties, considerably.Aim: The aim of this study was defining negligence concept in nursing care and what it is in Iranian judiciary.Methods and Materials: This study reviewed the laws of Iran such as nemesis and atonements associated about nursing negligence and criminal documents at Criminal Justice Medical Integrated of Tehran and the lawyers' views in 2014.Results: In Iran, for having taken the nurses accountable in the judiciary system, the behaviors due to their negligence which have led to the patients' deaths or at least their mental and physical damage ought to be taken into consideration; and also the secularized causality relationship should be between their behavior and the outcome as well. In the Iranian judiciary system, no definition of nursing negligence or fault has been given by the legislator in the penal system, and only some possibilities such as recklessness, carelessness, lack of skill, and not having regarded the governmental laws and principles have been noticed.Conclusion: It would be suggested that nurse managers planning in-service education and directing nurses with how assessing and reaction of the judiciary systems to nurses' negligence in care delivery.

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Author(s): 

Niazpour AmirHassan

Issue Info: 
  • Year: 

    2021
  • Volume: 

    85
  • Issue: 

    116
  • Pages: 

    259-388
Measures: 
  • Citations: 

    0
  • Views: 

    72
  • Downloads: 

    11
Abstract: 

The discourse of the criminal policy of the judiciary In Instructions non-governmental institutions interact with the judiciaryAbstractIn the Iranian criminal policy, the participation of public institutions in the field of crime prevention, compromise between the actors of criminal cases, protection of victims, rehabilitation of criminals and implementation of criminal justice responses have been mentioned to some extent. Despite, the participation of these institutions faces many challenges from different angles. Lack of clear legislative criminal policy regarding the participation of public institutions, skepticism among government institutions in order to interact with public institutions and use the capacity of these institutions to curb and respond to the criminal phenomenon, lack of public awareness of the capabilities of these institutions in the criminal justice is one of the most important challenges. Therefore, training judicial officials, interpreting laws to strengthen the participation of public institutions, preparing and drafting a comprehensive law to develop the use of the capacities of NGO s, and raising public awareness about these institutions are among the solutions and the " Instructions non-governmental institutions interact with the judiciary", which was approved to strengthen the participatory approach in the process of crime prevention and combating crime, can create an arena for strengthening the interaction of judicial institutions with NGO s. In this article, A) action-oriented and B) Reactive approaches to criminal policy in the Instructions are examined.

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Author(s): 

Shahriari Hashem | Rousta Alireza | Kashefi Neyshabori Mohammad Reza | Asayesh Farzad

Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    2 (پیاپی 10)
  • Pages: 

    37-48
Measures: 
  • Citations: 

    0
  • Views: 

    15
  • Downloads: 

    0
Abstract: 

The aim of the current research is to present a merit selection model in the judiciary. In the qualitative section, the statistical community included 17 university professors, managers and human resource management specialists who were selected using the snowball sampling method. In the quantitative part, the statistical population included all employees of the judiciary in Tehran, and the sample size was determined by using Cochran's formula to be 366 people. The data collection tool in the qualitative part of the interview was semi-structured, which was designed based on theoretical principles. In the quantitative section, a questionnaire was used, which was distributed and collected by a simple random method. The validity of the coding of the interviews and the questionnaire was confirmed by experts, and Cronbach's alpha was used to check the reliability of the questionnaire in the quantitative part. The data were analyzed in the quantitative section using the method of meta-composition and thematic analysis, and descriptive statistics and confirmatory factor analysis were also used in this section. The results showed that the merit selection model includes three overarching themes: Individual skills (innovative behavior, personality traits, personal brand and self-management), Organizational skills (knowledge management, organizational ethics, job resilience and knowledge skills), and core skills (communication skills, foresight, interpersonal skills, responsibility and organizational intelligence). Also, the results of the confirmatory factor analysis confirmed the pattern extracted from the research literature.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    4
  • Issue: 

    2 (پیاپی 14)
  • Pages: 

    101-121
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

In modern societies, public law is known as the main pillar of social justice and a guarantor of the fundamental freedoms of citizens. However, the restoration of public rights, as one of the fundamental duties of the judiciary, has always faced complex challenges. According to Article 156, Paragraph 2 of the Constitution, the judiciary is obliged to protect and restore public rights, but the question arises: "What mechanisms can make the judiciary more capable in carrying out this duty and protect it from emerging challenges? " The present study, using a descriptive-analytical method, deals with the executive mechanisms of the judiciary in restoring public rights. The findings show that the judiciary can provide the necessary grounds for strengthening public rights by creating a coherent intellectual system based on the eighth principle of the Constitution. Establishing specialized working groups, improving judicial structures and procedures, closely monitoring the implementation of laws, and updating relevant laws are essential steps to protect and restore public rights in the face of emerging challenges. Such measures will not only increase the efficiency of the judicial system, but will also contribute to the realization of social justice and strengthen public trust.

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Author(s): 

SOBHDEL MOHAMMAD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    93-108
Measures: 
  • Citations: 

    0
  • Views: 

    5351
  • Downloads: 

    0
Abstract: 

In accordance with Part Five of Article 156 of the Constitution, the task of preventing crime and reforming the perpetrators has been entrusted to the judiciary, but the legislator has not specified which types of preventive measures have been taken and generally delegated this task to the judiciary.The terms of the executive act are not known in our laws. Our society suffers from chronic illness and abuse, which results in increasing the number of cases in the judiciary year-by-year and even over the years in the judiciary.The existence of millions of cases and the formation of various crimes and violations of the system of legal and penal system and the weakness of executive agencies, and all those who are sympathetic to the system should seek to prevent this issue and help the judiciary in this regard. In this regard, it is necessary to prevent the occurrence of crime and to refine the modern structures and techniques of the world today with the approach of judicial hygiene, legal health and the reform of crime prevention. From the outset of the constitution, the constitutional experts have disagreed over the transfer of responsibility for preventing crime to the judiciary, and some have argued that the judiciary, without the cooperation of the executive branch, can not move significantly in preventing crime. do it. In this paper, it is attempted to investigate the crime of crime in accordance with the existing laws of social prevention and, while analyzing the views of the consensus and the opposite, we conclude that the judiciary plays a fundamental role in this type of prevention, or can Has a coordinating role.

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Author(s): 

Izarudin Shah Nurin Qistina Binti | Mohd Yusof Nur Ashsyifa Aqila Binti | Hassim Jady Zaidi | Rmadhan Ameen Thamer

Journal: 

GEOPOLITICS QUARTERLY

Issue Info: 
  • Year: 

    2023
  • Volume: 

    19
  • Issue: 

    Special Issue
  • Pages: 

    167-188
Measures: 
  • Citations: 

    0
  • Views: 

    15
  • Downloads: 

    0
Abstract: 

The Malaysian judiciary is deeply connected with political influence in reality. Malaysia’s democratic system follows upon a government in charge of administration of the country, and has rights to take part in amendments and legislating process of constitutional provisions. Furthermore, the 1988 crisis marked the beginning of the judiciary’s darkest path where the Lord President, Tun Salleh Abas was being removed for the sake of the ruling party at that time. In 2008, the Malaysian government under the former Prime Minister Mahathir Muhammad influenced the judicial institution through constitutional amendment. This paper seeks to address the issues arised through judicial decision making by influence of politics, in ethics, jurisprudence theory and critique on its appropriation to allow political judgement and how Malaysia has overcome the crisis of judicial independence. Our findings conclude that Malaysia has made proper attempts to combat corruption and political influence in the judiciary institution. Although public perception has yet to prevail, in years to come the integrity in the judiciary will increase as the current judicial administration under Yang Amat Arif Tun Tengku Maimun binti Tuan Mat illustrates an honest and fair view of the law for all.

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Journal: 

WOMAN AND SOCIETY

Issue Info: 
  • Year: 

    2024
  • Volume: 

    15
  • Issue: 

    58
  • Pages: 

    49-64
Measures: 
  • Citations: 

    0
  • Views: 

    3
  • Downloads: 

    0
Abstract: 

AbstractIntroduction: The purpose of this research is to present a model for empowering women in the judiciary Methods: Qualitative research method is grounded theory type. After interviewing 21 women who met the research criteria, the interviews were reviewed, organized and coded in three stages, open, central and selective, and the results of the research were divided into four general categories: "causal conditions", "contextual conditions". ", "intervening conditions" and "individual, social and organizational consequences" were divided, and finally, the model of empowering women in the judiciary was drawn. Reliability was done with the triangulation technique and validity was done using the member confirmation technique and discrepant items, which indicated the validity of the research results.Findings: The findings of the research show that Empowerment of women is influenced by individual, organizational and extra-organizational factors, and by strengthening these factors, it is possible to improve their self-confidence and self-esteem, their job satisfaction, and the trust of organizational managers in using the capacity and abilities of women and the belief of other women in the existence of a meritocracy system in The organization created a sense of belonging and organizational commitment, and the effective use of the capacity and capabilities of half of the country's population changed the society's attitude towards women's capabilities.The results: The most important component in all components of women's empowerment is the component of acquiring job knowledge. It seems that by increasing women's job knowledge, they can be empowered to take on management jobs

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    9
  • Issue: 

    1 (17)
  • Pages: 

    61-78
Measures: 
  • Citations: 

    0
  • Views: 

    357
  • Downloads: 

    0
Abstract: 

Presence of Mongolians in Iran not only was a military event but also their migration to the Iran plateau has imposed its effects on the economic, cultural, social and administrative infrastructures. Administrative system was among the first affected sections at the very beginning years. Though these effects gradually and not entirely lost their affection, but some lasting ones remained in effect for many years. This research is aimed at recognizing the effects on judiciary system in the rule of Al-Muzaffar (1292-1374 AD), formulating foundations of judiciary system in this regiment and assessing manner and quality of decrement or continuation of Mongolian symbols in Al-Muzafar's judiciary system. This descriptive-analytical research has been conducted in the field of library studies. Corollaries of this research affirm that judiciary system of Al-Muzaffar is based on three principles: adoption from judiciary system of Al-Muzafar's early dignitaries; Ilkhanites, administrative systems of the Iranian Muslim States and local traditions of Al-Muzaffar's regality in Yazd and Fars. Findings also demonstrate that Mongolian symbols, in spite of their presence in Al-Muzaffar's judiciary system have gradually been attenuated and replaced with those of Islamic-Iranian ones. At least in the middle ages, This fact is indicator of prominent presence of continuation in the Iranian judiciary system.

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