نوع مقاله : علمی و پژوهشی
نویسنده
استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبایی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The Supreme Court holds a significant, sensitive, and influential position within legal systems. It appears that the Supreme Court, as a body within the judicial organization, has the potential to Catalyse significant change in Iranian law. Arguably, a Supreme Court that adheres to scientific standards serves as the second critical link, on par with legislation, in ensuring the unity of the legal system.it is essential to recognize that disconnected elements can never form a coherent system; therefore, in modern law, the Supreme Court is an authority that minimizes “Variations in judicial interpretation” and defines the “legal trajectory” of the country.
Given that structure shapes behavior, the structure of the Supreme Court determines the legal conduct of actors within the legal system. In other countries, the structure of the Supreme Court is designed based on the purpose for which the court was established. However, the structure of the Supreme Court in Iran not only fails to ensure the unity of our fragmented and dispersed legal system but also generates and propagates Variance in Judicial Decisions. Any reform of substantive law, without a concurrent reform of the Iranian Supreme Court’s current structure, will be met with limited success.This article employs a descriptive and analytical method to examine the purpose of establishing Supreme Courts in the United States, France, and Germany ,subsequently analyzing the corresponding structures that have evolved based on these purposes.
کلیدواژهها [English]
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