Judicial Independence in the Canadian Legal System with a Comparative View of Iranian Law

One of the fundamental principles underlying the practice of fair trial and the rule of law is “judicial independence,” in the sense of the judge’s freedom from interference and undue influence in his judicial decision making. Operationalizing judicial independence is contingent upon guaranteeing the judiciary’s structural independence as well as the judge’s individual independence. In fact, owing to the significance of judicial affairs and judge’s determining decision, political authorities, trial parties and the public seek to exert influence on the judge’s decision. The present study sheds light on the theoretical and practical framework underlying the guarantee of the judiciary’s structural independence and judge’s individual independence in Canada’s legal system and then investigate in iran’s law. This investigation shows that iran’s legal system has made adequate provisions for guaranteeing structural independence but have failure in procedural independence with comparing Canada’s legal system.