Modern Jurisprudence and Law

Modern Jurisprudence and Law

A study of judicial independence in the three countries of Iran, Lebanon and India with a comparative approach

Document Type : Original Article

Author
Najmeh Ayeeneh Heydari
Allameh Tabatabai University of Tehran
10.22034/jml.2024.2043021.1396
Abstract
The judiciary is a part of the political-democratic structure of any country and an independent judiciary is a necessary condition of a dynamic democratic system and its independence is very important for the implementation of fair justice, the main role of this institution is to support the rule of law and guarantee the supremacy of the constitution. In order to be able to do all these things, it is necessary that the judiciary is free from any political pressure. Only an impartial and independent judiciary can be placed as a bastion to protect the rights of individuals and even execute justice without fear or favour. However, for the rule of law, judicial independence is a basic necessity, otherwise, not much results will be achieved. The independence of the judiciary does not simply mean the creation of an independent institution free from the control and influence of the executive and legislative branches. The independence of the judiciary is that judges should be able to decide on their disputes based on the law and without the influence of any other factor.
Keywords
Judicial independence
separation of powers
judge independence
judicial organization
rule of law

Subjects