Jurisprudential Legal Analysis of Socio-Political Challenges of Judiciary and Outsourcing of Informal Authorities Settlement of Iranian Disputes

Judiciary and outsourcing Informal litigation has political and social aspects. The principle of separation of powers underlies the intrinsic duties of each of the three forces. As each of the devices is required to create the necessary organization and remove unnecessary organization from its structure. Also, the principle of independence of forces implies the elimination of unnecessary structure and the creation of the necessary organization for the forces. Accordingly, none of the powers can outsource the necessary structure to other powers under the pretext of downsizing the government, but it can delegate minor matters to the extra-governmental sector. Also, the focus of the judiciary on the adjudication of important matters accelerates it and, as a result, the general satisfaction of the society. In addition, the unnecessary costs of running informal structures are reduced, the government receives lower taxes, and gains public satisfaction with the political entity. Enacting regulations that facilitate access to private litigation for the public, while reducing trivial litigation in the courts, leads to the acceptance of rulings by informal litigants. As before, the holy shari'a, using the public's interest in informal litigation, recognized private litigation, such as arbitration.