نوع مقاله : تاریخ معاصر ایران
نویسنده
هیات علمی گروه پژوهشی مظالعات تاریخی انقلاب اسلامی، مرکز اسناد انقلاب اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The judicial system in Iran, whether from the time of its monopoly in the hands of the jurists, or the time of dividing its powers and duties between the Sharia and customary courts, until the establishment of the “Diwan Mazalem” and the Justice Fund during the time of Naser al-Din Shah, or the “Edalat Khane” of Muzaffar al-Din Shah, or even the creation of relatively modern institutions Judiciary, due to the diligence of the Davar during the time of Reza Shah and the expansion of the judiciary in the second Pahlavi era, for several reasons, including the shortcomings of the judiciary, the interference of the jurisdiction of Sharia and custom, the lack of regulation and compilation of uniform laws, the lack of guarantee of legal enforcement, and of all More importantly, the authoritarian nature of the ruling system and the intervention of the authorities in judicial affairs, never tasted the true taste of independence and was always influenced by internal and external pressures and the influence of those in power. The present article, in response to the question of the nature, limits and loopholes of judicial independence in Iran from before the constitution to the threshold of the Islamic revolution, with a descriptive-analytical approach and using library and documentary sources, aims to investigate and outline the ups and downs of this process. judicial independence and analysis of its roots and reasons.
کلیدواژهها [English]
)