A Comparative Study of Dealing with Judges' Misconduct Method in Roman-Germanic, Common Law and Arabic Countries

Document Type : Academicm and Research

Author

Full Professor, Department of Privat Law, Faculty of Law, University of Qom, Qom, Iran.

10.22091/csiw.2023.8783.2351

Abstract

Generally, courts may encounter two types of lawsuits against judges: firstly, Lawsuit for compensation due to wrong decision, secondly, Criminal and disciplinary lawsuit resulting from a harmful Adverse due to judicial decision. Here, in this article, it is striven to answer the following question: if a lawsuit is filed in the courts against a harmful decision, whether there is a special procedure for dealing with such a lawsuit, or the courts should follow the procedure the General rules for dealing with claims. In the current study compiled in a descriptive-analytical manner with a comparative approach in the laws of Arabic countries, Roman Germanic and Common Law, the results will be depicted as follow. if the lawsuit is of the first type, the procedures for dealing with latter type of lawsuit are the same as other civil liability and torts for lawsuits that are subject to the General rules of procedure; however, in the case of the second, on the one hand, any judge of the courts has a lot of authority and powers in their field of work; therefore, it is necessary for them to be responsible before all these legal authority so that they do not become absolute rulers. On the other hand, the security and independence of the judge requires that the filing of a lawsuit against her is different with the general rules of responsibility and prosecution. This, in all legal systems, a special procedure has been provided for dealing with these claims.

Keywords

Main Subjects

References

Aameli, Zain al-Din, (Shahid Sani), (1986), al-Rudah al-Bahiyyah fi Sharh al-loMa'a
al-Damshaqiyyah, vol. 4, Qom, Dar al-Fikr. (in Arabic).
Aameli, Zain al-Din, (Shahid Sani), (1999), Masalak al-Afham fi Sharh Shar'e al-Islam, vol. 13, Qom, Al-Ma'arif al-Islamiya. (in Arabic).
Abulvafa, Ahmed, (1992), Usul al-Marafat al-Madaniyyah and al-Tajariyyah, vol. 16, Egypt, Mashaat al-Maarif, Alexandria. (in Arabic).
Akhundi, Mahmoud, (2014), Criminal Procedure Code, 1st Tehran, Tab and Nashr, 16th edition. (in Persian).
Amin-Ben Omar, Muhammad (Ibn Abedin), (2000), the Hashieht o Rad Al-Mukhtar Ala Al-Dur Al-Mukhtar, Volume 5, Damascus, Dar al-Thaqafa and al-Torath. (in Arabic).
Ashtiani, Mirza Mohammad Hasan, (2004), Kitab al-Qada, Qom, Hijrat Publications. (in Arabic).
Ashuri, Mohammad, (1973), the need to compensate innocent prisoners, Journal of the Faculty of Law and Political Science, Vol. 15 and 16(in Persian).
Bayat, Mohammad Reza, (2018), Disciplinary Proceedings of Judges' Misdemeanors and Disciplinary Violations (Law on Supervision of Judges' Behavior), first edition, Tehran, third line (in Persian).
Daryabari, Mohammad Zaman, (2004), Prosecutor's Office and Special Clergy Court, Tehran, Islamic Revolution Documentation Center. (in Persian).
Heydarzadeh, Hadi, (1998), disciplinary prosecution of judges, Tehran, Azadeh. (in Persian).
Jaliluvand, Yahya, (1994), investigation of the civil responsibility of judges and the government in the laws of Iran, France, America and England, Tehran, Yalda Publishing. (in Persian).
Karimzadeh, Ahmed, (2016), Supreme Disciplinary Court of Judges in Criminal Affairs, Tehran, Mizan. (in Persian).
Khansari, Seyyed Ahmad, (1976), Jame al-Madarak fi Sharh al-Muktasar al-Nafi, vol. 6, Ali Akbar Ghafari's suspension, Tehran, School of Sadouq. (in Arabic).
Madani, Jalaluddin, (2011), Civil Procedure Code, Vol. 2, Tehran, Padaybar. (in Persian).
Mohajari, Ali, (2000), special crimes of government employees, Tehran, Kayhan Publishing House. (in Persian).
Moslem, Ahmed, (1968), The Principles of Litigation and Judicial Regulation and Procedures and Al-Ahkam in the Civil and Commercial Laws and Al-Al-Hawshiyeh, vol. 2, Egypt, Al-Nahda Al-Masriyya School. (in Arabic).
Mousavi Khoui, Seyyed Abul Qasim, (1997), Al-Ijtihad and Taqlid, Qom, Institute of Revival of Imam Al-Khoei's Artifacts. (in Arabic).
Murad, Abdul Fath, (1986), Disciplinary responsibility of judges and prosecutors, Arab Republic of Egypt, Al-Halabi. (in Arabic).
Najafi Mohammad Hasan, (2004), Jawaheral al Kalam, vol. 40, Beirut, Dar Ihaa al-Torath
al-Arabi. (in Arabic).
Rafat, Vahid, (1995), Competence of Al-Qadaa for the Acts of the State, Egypt, Dar al-Halabi, Al-Kitab al-Awwal. (in Arabic).
Razmsaz, Babak, (2009), The footnoted of Law on the Restoration of Public Courts and Revolution (Revival of the Courts), first edition. (in Persian).
Salehi Mazandarani, Mohammad, (2013), Jurisprudential study of civil Responsibility Due to judicial decisions with a Glance to some of the legal systems, Qom, Research Institute of Islamic Sciences and Culture. (in Persian).
Savi, Ahmad, (2015), Al-Wasit fi Sharh Qanun al-Madaniyyah and Al-Tajariyyah, Al-Fiqh
and Judiciary for the Arab States, Vol. 5, Egypt, Al-Dar al-Arabiyyah for Al-Arabiya.
(in Arabic).
Shahr Babaki, Azadeh, (2019), disciplinary responsibility of judges in the common law legal system: a comparative study of the United States of America, Canada and England, Journal of Legal Research, No. 42. (in Persian).
Shams, Abdullah, (1979), Code of Civil Procedure, Volume 1, Print 61, Tehran: Darak Publishing. (in Persian).
Soltani, Seyyed Naser, (2017), research report: disciplinary responsibility of judges, judicial system, vol. 13, Judiciary Research Center, Judiciary Publications, first edition.
(in Persian).
Ta'i, Adel Ahmad, (1998), The civil responsibility of the state for the mistakes of its employees, Baghdad, Dar al-Harba. (in Arabic).
 
 
Send comment about this article
CAPTCHA Image

Files

Share

How to cite

Statistics