Judicial Independence in the Iranian Legal System with Comparative Study

One of the principles, without which proper administration of justice would be impossible, is judicial independence, which means freedom of judges from interference in judicial affairs and undue influence by the powerful and by the parties involved in a dispute. This is a principle that has deep roots in Islamic law (the holy Shariah) and is applied by international instruments and different legal systems throughout the world as well. The Iranian legislator, both before and after the Islamic Revolution, has enacted laws in line with this principle. Although the quality of drafting and wording of laws, dealing with judicial independence, lacks the desired comprehensiveness and exclusivity, the performance of the authorities and officials involved in such matters has emasculated even these very imperfect laws and covered judicial independence in the Iranian judicial system in a shroud of ambiguity. In this paper, we shall first delineate the concept of judicial independence, its foundations, reasons and objectives. Then, we shall analyze the issue and show its position in the Iranian legal system.