THE POSITION OF JUDICIAL OVERSIGHT OF JUDICIAL INDEPENDENCE IN CONTEMPORARY LEGAL SYSTEMS

  • Gholamreza Jalali PhD Student in Private Law, Arak Branch, Islamic Azad University
  • Seyyed Vahid Lajevardi Assistant Professor, Department of Private Law, Arak Branch, Islamic Azad University, Arak, Iran
  • Abbas Ali Heydari Assistant Professor, Department of Jurisprudence and Law, Arak Branch, Islamic Azad University
Palavras-chave: Judicial independence, separation of powers, judicial oversight

Resumo

In the political systems of nations, independence from the political pressure exerted by government officials and legislators guarantees the impartiality of judges. Thus, the power of judges to review public law and to violate the constitution by them acts as a fundamental obstacle to the possible abuse of power by the state. This power requires the courts to be independent and able to make their decisions based on the law. Administrative and institutional independence of the judiciary has never been a matter of purpose and has not been an inherent matter, but has been a means of securing the independence of the judge. Because the mere organizational and organizational independence of the judiciary is as valid as the independence of the legislature and the executive. The emphasis, therefore, on judicial independence in this sense must, to some extent, be that the balance of power is maintained. Just as judges in the United States and England are elected by political bodies such as the President and the Senate, there must be a way for the judiciary to maintain the balance of power, which is nothing but judicial oversight

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Publicado
2020-02-24
Como Citar
JALALI, G.; VAHID LAJEVARDI, S.; ALI HEYDARI, A. THE POSITION OF JUDICIAL OVERSIGHT OF JUDICIAL INDEPENDENCE IN CONTEMPORARY LEGAL SYSTEMS. Gênero & Direito, v. 9, n. 2, 24 fev. 2020.
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