Public Corruption and the Legal System (A Reflection on the Role of Non-Governmental Organizations in Promoting Judicial Transparency)

Document Type : Academicm and Research

Authors

1 Associate Professor, Dep. of International Law, Fac. of Law, Qom University.

2 PhD Stu., Dep. of Public Law, Fac. of Law, Qom University.

10.22091/csiw.2024.9080.2388

Abstract

In the fight against corruption, the reaction of civil society organizations often comes from a spectrum of non-governmental actors operating at national and international levels. The nature of these organizations, due to their subject-matter expertise, extensive public engagement, and deep understanding of public sentiment, especially in adhering to the legal requirements within formal structures, can provide significant support in various areas of government and governance, particularly within the judicial system. In this system, the concentration of roles and jurisdictional authority, the existence of intra-court networks, the complexity and prolongation of proceedings accompanied by lack of transparency and increased ambiguities in laws, create conditions conducive to corruption. Therefore, it seems that external monitoring, consultation, and intervention in the functioning of institutions, which in a way reflect the principles of transparency and adherence to the rule of law, are considerable factors in improving the performance of the judicial system. In this regard, this research, recruiting a descriptive-analytical approach, demonstrates that non-governmental organizations increasingly play a role in collaboration with the public sector, including as social watch, in the development and implementation of anti-corruption programs. Other activities of these organizations include organizing targeted public hearings and engaging dialogues to develop a new discourse in the public sphere, advocating and providing assistance and advice to citizens (e.g.: whistleblowers), developing consultative guidelines and strategic recommendations, undertaking monitoring actions, and participating in legislation.

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Comparative Studies on Islamic and Western Law
Volume 10, Issue 4 - Serial Number 38
December 2023
Pages 97-116

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