Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary Laws
Judge’s Fundamental judicial supervision on ordinary laws is one of the most important issues in the last decade. The problem is that the judge, in the position of hearing the case and invoking the rule of law, which may have a dual source in the constitution and the ordinary, can act as the basic s...
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| Format: | Article |
| Language: | English |
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Shahr-e- Danesh Research And Study Institute of Law
2024-09-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_177372_f8d15f93229a31da5977efff001d4156.pdf |
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| _version_ | 1832591602205327360 |
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| author | Amirhossein Alizadeh Ghasem Alizadeh |
| author_facet | Amirhossein Alizadeh Ghasem Alizadeh |
| author_sort | Amirhossein Alizadeh |
| collection | DOAJ |
| description | Judge’s Fundamental judicial supervision on ordinary laws is one of the most important issues in the last decade. The problem is that the judge, in the position of hearing the case and invoking the rule of law, which may have a dual source in the constitution and the ordinary, can act as the basic supervisor of the ordinary law and set it aside? The new viewpoint is based on the theory of the attainment of the right and jurisdiction of the Judiciary. According to this view, the patterns of fundamental rules are based on the generality and foundations of the legal system and derive from all the effective norms affecting it and protecting the fundamental rights of individuals, and the judge as a selector person, due to the sources of right, selects the justice verified rule and settles the lawsuit. In this view, the legal rules are subject to the basic duty of the Judiciary in such a way that the judge refuses to enforce them in dealing with laws that are contrary to the reference and fundamental norms. This non-enforcement has a negative character and cannot be used to repeal the law. In this view, the dominance of the legal aspect of political supervision is not only in conflict with the theory of separation of powers, but also in line with its goals and the rule of law. |
| format | Article |
| id | doaj-art-c9248ffea46c456495c9bcf42d53d638 |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-c9248ffea46c456495c9bcf42d53d6382025-01-22T10:12:32ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-09-01235947951010.48300/jlr.2023.404238.2374177372Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary LawsAmirhossein Alizadeh0Ghasem Alizadeh1PhD in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.PhD Student in Public Law, Faculty of Law, Mazandaran University, Mazandaran, Iran.Judge’s Fundamental judicial supervision on ordinary laws is one of the most important issues in the last decade. The problem is that the judge, in the position of hearing the case and invoking the rule of law, which may have a dual source in the constitution and the ordinary, can act as the basic supervisor of the ordinary law and set it aside? The new viewpoint is based on the theory of the attainment of the right and jurisdiction of the Judiciary. According to this view, the patterns of fundamental rules are based on the generality and foundations of the legal system and derive from all the effective norms affecting it and protecting the fundamental rights of individuals, and the judge as a selector person, due to the sources of right, selects the justice verified rule and settles the lawsuit. In this view, the legal rules are subject to the basic duty of the Judiciary in such a way that the judge refuses to enforce them in dealing with laws that are contrary to the reference and fundamental norms. This non-enforcement has a negative character and cannot be used to repeal the law. In this view, the dominance of the legal aspect of political supervision is not only in conflict with the theory of separation of powers, but also in line with its goals and the rule of law.https://jlr.sdil.ac.ir/article_177372_f8d15f93229a31da5977efff001d4156.pdffundamental supervisionthe rightseparation of powersthe judiciaryjudgeordinary law |
| spellingShingle | Amirhossein Alizadeh Ghasem Alizadeh Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary Laws پژوهشهای حقوقی fundamental supervision the right separation of powers the judiciary judge ordinary law |
| title | Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary Laws |
| title_full | Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary Laws |
| title_fullStr | Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary Laws |
| title_full_unstemmed | Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary Laws |
| title_short | Attainment of the Right Theory; A Window to the Justifiability of judges' Supervision on Ordinary Laws |
| title_sort | attainment of the right theory a window to the justifiability of judges supervision on ordinary laws |
| topic | fundamental supervision the right separation of powers the judiciary judge ordinary law |
| url | https://jlr.sdil.ac.ir/article_177372_f8d15f93229a31da5977efff001d4156.pdf |
| work_keys_str_mv | AT amirhosseinalizadeh attainmentoftherighttheoryawindowtothejustifiabilityofjudgessupervisiononordinarylaws AT ghasemalizadeh attainmentoftherighttheoryawindowtothejustifiabilityofjudgessupervisiononordinarylaws |