Judicial Procedure of Quasi-Judicial Bodies in the Enforcement of Official Documents in the Light of Fair Trial in Iranian and English Law

Document Type : Academicm and Research

Authors

1 PhD student of public law, Islamic Azad University, Bandar Abbas Branch.

2 Department of Law, Faculty of Humanities, Islamic Azad University, Bandar Abbas Branch, Bandar Abbas, Iran .

Abstract

The quasi-judicial body responsible for the enforcement of official documents is one of the most important auxiliary bodies within the registration system. This body possesses multiple legal competencies to handle specialized litigations, alongside other authorities within its legal system. The significance of these competencies lies in their nature as actions that guarantee fundamental rights of individuals within the judicial procedure of this body. The establishment of fair trial within this body is one of the key criteria to assess these competencies. This research adopts a descriptive-analytical approach with a comparative perspective. The article aims to examine the quasi-judicial procedure in the enforcement of official documents, considering its competencies, in the context of fair trial to answer the question: What is the approach of this body towards fair trial in its own judicial procedure? The findings of this research demonstrate that the quasi-judicial body possesses broad competencies under the regulations governing the enforcement of official documents, and some aspects of fair trial, such as the principle of legality, time limits, appealability, and religious exceptions, have been recognized; however, important criteria such as consistency, independence in decision-making, the right to legal representation, and the right to access case files have not been adequately addressed. Therefore, it can be argued that the quasi-judicial body in the enforcement of official documents applies an incomplete form of fair trial in its judicial procedure, which, in addition to ambiguities and inconsistencies within this body, leads to the violation of individuals' rights.

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References

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Comparative Studies on Islamic and Western Law
Volume 10, Issue 3 - Serial Number 37
September 2023
Pages 25-48

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