Legal Foundations of the Independence of the Legal Profession in Iran and England

Document Type : Academicm and Research

Authors

1 PhD Student of Islamic Jurisprudence and Private Law, Shahid Motahari University, Tehran, Iran.

2 Assistant Professor of the Private Law Department, Imam Sadiq University, Tehran, Iran.

3 PhD Student of Islamic Jurisprudence and Law, Imam Sadiq University, Tehran, Iran.

Abstract

The independence of the legal profession means that all matters related to the diverse executive policies of the legal community (the Bar Association) are carried out by its members without interference from others. This study, conducted in a descriptive-analytical manner with a comparative approach, aims to explore the legal foundations of this concept in the legal systems of Iran and England. The study relies on library resources to collect data. It argues that the basis of professional independence for lawyers in the legal systems of Iran and England, unlike the independence of the judicial branch which is based on the principle of separation of powers, is the oversight of an independent civil society organization over the proper implementation of the law within the judiciary, ensuring the right to a defense and upholding the rule of law. Therefore, a lawyer should not be appointed by the legislative or executive branches, as such appointment may lead to the interference of these branches in the independent judiciary, which is not permissible in accordance with Article 57 of the Constitution. On the other hand, if a lawyer is appointed by the judiciary, their role of defending the rights and interests of their clients and striving to achieve a balance in the rule of law and its enforcement undermines the independence of the judge. The notion of independence does not absolve the lawyer of accountability; if they commit an error, the relevant regulations and provisions regarding civil, disciplinary, and criminal liability will apply, thereby moderating this independence.

Keywords

Main Subjects

References

Bradley, A. W., & Ewing, K. D. (2011). Constitutional and administrative law. London, England: Longman.
Arden, M. H. (n.d.). The judicial system of England and Wales: A visitor's guide. Judicial Office, UK Judiciary. Retrieved from https://www.judiciary.uk
Bradley, A. W., & Ewing, K. D. (1999). Constitutional and administrative law (12th ed.). London, England: Longman.
Clark, N. (2002). The independence of lawyers. University of Pau and the Adour Region.
Woodhouse, D. (2010). United Kingdom: The Constitutional Reform Act defending judicial independence the English way. International Journal of Constitutional Law, 8(3),
670-678.
Dunne, N. (2021). Liberalization and the legal profession in England and Wales. The Cambridge Law Journal, 80(2), 383-410.
Elliot, C., & Quinn, F. (2018). English legal system (18th ed.). Pearson.
Finch, E., & Fafinsky, S. (2017). English legal system (6th ed.). Pearson.
Foulkes, D. L. (1990). Administrative law (7th ed.). London, England: Butterworths Press.
Goldsmith, J. (2013). Charter of Core Principles of the European Legal Profession and Code of Conduct for European Lawyers. Retrieved from https://www.ccbe.eu
Harris, P. (2006). The legal profession. In Introduction to Law. Cambridge University Press.
Kemeys, J. (2012). United Kingdom constitutional reform: Recognition of judicial independence and an opportunity for institutional autonomy (PhD thesis). Birmingham University.
Neudorf, L. (2010). The dynamics of judicial independence: A comparative study of courts in Malaysia and Pakistan. Springer.
Shepard, R. T. (2014). Judicial professionalism and the relations between judges and lawyers. Norton.
Slapper, G., & Kelly, D. (2017). The English legal system (18th ed.). Routledge.
Gordon, R. W. (1988). The independence of lawyers. Yale Law School Legal.
 
Persian Sources
Akhundi, M. (2011). Criminal Procedure Code. Tehran, Iran: Tab'a and Nashr Publishing.
Ashuri, M. (2003). Concepts of justice and fairness from the point of view of the European Convention on Human Rights: Human rights and the concepts of equality, fairness and justice. Tehran, Iran: Faculty of Law and Political Science Publication.
Bolton. (1336 SH). Lawyers and Legal Consultants in England (A. Fathipour, Trans.). Central Judicial Lawyers Association.
Daftari, A. M. (1318 SH). Legal Collection, No. 122.
Dehkhoda, A. (1377 SH). Dictionary (Vol. 15). Tehran, Iran: Rozeneh Publication.
Habibzadeh, M. J. (2013). Legal Thoughts 4. Tehran, Iran: Negah Bineh.
Hadavand, M., Aghaei Touq, M. (2015). administrative tribunals in the light of principles and fair procedures. Tehran, Iran: Ganj Danesh Publishing.
Helli, A. N. (1409 AH). Shar'i al-Islam (Vol. 2). Tehran, Iran: Esteghlal Publishing House.
Hikmat Rawan, M. (2018). Legal foundations of the independence of lawyers' association. Ferdowsi Monthly, 24.
Houshmand Firouzabadi, H. (1401). Comparative study of the nature of arbitration in Western law; Iranian Law and Imamiyyah Jurisprudence. Research Journal of Comparative Law of Islam and the West, 9(4).
Jafarian, R. (2010). Political History of Islam. Tehran, Iran: Dalil Ma.
Katbi, H. Q. (2013). Farhang-e Haqq. Tehran, Iran: Ganj Danesh.
Katouzian, N. (2008). A step towards justice. Tehran, Iran: Mizan Publishing House.
Khadim, A. (1343 SH). Justice in England. Lawyers' Association, 90-91.
Mehra, N. (1387). English legal system. Tehran, Iran: Mizan Publishing House.
Mill, J. S. (2010). Elective Government (A. Ramin, Trans.). Tehran, Iran: Nei Publishing House.
Mir Mohammad Sadeghi, H. (1363 SH). The two-base system of legal representation in English law. Journal of International Law, 1.
Moin, M. (2008). Farhang Farsi. Tehran, Iran: Sahel Publication.
Moradiberlian, M., Tangestani, M. Q., Tazuzanizadeh, A., & Saeedi, M. (2016). The concept and scope of the independence of the lawyer and the bar association and the government's justified supervision over it with a focus on the judiciary. Tehran, Iran: Judiciary Publication Center.
Motamedi, R. (1379 SH). International Association of Lawyers and Standards of Independence. Central Judicial Lawyers Association, 171.
Pasban, M. R. (1379 SH). Lawyer in England, first level lawyers and second level lawyers. Lawyer, 2nd and 3rd years.
Rai, M., & Atrian, F. (2013). The independence of non-governmental organizations in the legal systems of Iran, France and Switzerland. Comparative Law Studies, 5th period, 2.
Sabi, M. (1353 SH). Attorney at Law in England. Lawyers' Association, 128 and 129.
Shams, A. (2005). Code of Civil Procedure (Vol. 1). Tehran, Iran: Mizan Publishing House, 3rd edition.
Zeraat, A. (1383). Occupational immunity of lawyers. Lawyers Association, 186-187.
 
Send comment about this article
CAPTCHA Image
Comparative Studies on Islamic and Western Law
Volume 10, Issue 3 - Serial Number 37
September 2023
Pages 153-182

Files

Share

How to cite

Statistics