The Judiciary and the Challenges of Individual Rights and Freedoms

The manifestation of justice and the last refuge of the people of any society is the judiciary of that country. In disputes, the court's decision is the final opinion, and the realization of justice and the guarantee of security and the expansion of justice and legitimate freedoms depend on the performance of the judiciary.. According to the desires of citizens, in order to realize and guarantee individual rights and freedoms, the level of expectations in enjoying these rights is increasing. Citizens' access to civil rights, prevention of immoral behavior, torture, detention, seizure and confiscation of property, participation in decisions and decision-making, justice, respect for human dignity and similar examples are obvious rights. and in opposite, the rulers are obliged to provide these rights. Given the current expectations, the judiciary faces more responsibilitiesDue to the novelty of some concepts and examples of individual rights and freedoms, as well as neglecting the responsibility of other powers in the realization of these rights, lack of comprehensive and transparent law, weak enforcement guarantees, ambiguity in the realm of freedom and incompatibility of some concepts in the Islamic legal system. With the Western legal system, ambiguity within the duties of the relevant agencies and institutions in the restoration of individual rights and freedoms, lack of coordination and participation of other forces and lack of explanation and distribution of responsibilities in this area, has created several obstacles.