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Supervision of the Agency and Its Impact on the Governance of Justice and Social Ethics: Comparison of the Legal System of Iran and France
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A . Shahnazari Karbasaraei1   , V Ansari2 , A Fazeli3 |
1- Ph.D. Student, Dept. of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2- Dept. of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran , vali.ansari.dr@gmail.com
3- Dept. of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran |
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Abstract: (906 Views) |
Background: Today, one of the most basic human rights is the right to equality and everyone's right to legal protection and the necessary guarantees for the right to defense and litigation. In order to achieve a fair trial and defend the rights of the parties to the lawsuit, the presence of independent defense lawyers is necessary alongside the judicial institutions. Therefore, a fair trial requires that the lawyer's institution has full independence and is not subject to the influence and pressure of the judiciary or the executive. But it should be kept in mind that delegating all governance privileges to these centers also requires the design of a general control mechanism for their approvals and activities. Therefore, in some cases, it seems necessary and necessary to exercise supervision and not interference in order to ensure compliance with the existing laws and regulations of the country. For this purpose, in this analytical-descriptive study, the state of independence of the legal profession and the methods of monitoring and the impact on the implementation of justice and social ethics in the legal system of Iran and France were investigated.
Conclusion: The results showed that in both the investigated countries, there was supervision of the judiciary over the lawyer institution, but in Iran's legal system, due to the occurrence of numerous challenges and the existence of friction between the association of lawyers and the judiciary and the executive, achieving the goals The macro judicial system of the country has not been manifested and as a result justice and social ethics have been threatened.
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| Keywords: Lawyer, Judiciary, Social Ethics, Judicial Justice |
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Full-Text [PDF 522 kb]
(665 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/07/24 | Accepted: 2023/09/25 | Published: 2024/11/28
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