judicial independence in Iran's legal system; A reflection on the historical developments from the constitutional period to the constitution (with emphasis on the recruitment and selection stage)

The principle of independence of judges is one of the principles that guarantee a fair trial. Independence can be examined from two dimensions: the first dimension is the institutional independence of the judiciary,and on this basis, the judiciary must act independently from other powers and not be influenced by the influence and possibly the political intentions of other powers.Another dimension of independence is the individual independence of judges, and it means not to exert any pressure from superior authorities or political pressure.Judicial independence has various dimensions, including: impartiality,health, competence. In order to guarantee the principle of the independence of judges, mechanisms have been foreseen by the legislator, among which we can refer to the observance of regulations in the process of recruitment and selection of judges, application of occupational immunity, civil immunity and regulations related to dismissal, transfer and change of judges.did The principle of judicial independence appeared in the laws of the constitutional era, and the principle of independence of judges is mentioned in the Constitution of the Islamic Republic of Iran as well as some ordinary laws.The research method in this study is descriptive-analytical, and the library method was used to collect the sources.The results of this study show that although the legislator, especially after the victory of the Islamic Revolution, has tried to realize the principle of the independence of judges in a more effective way,there are still shortcomings in the full realization of this principle, which requires amending the laws to solve this problem.We are available.