جستجوی مقالات مرتبط با کلیدواژه « U.S Courts » در نشریات گروه « علوم انسانی »

The principle of res judicata is widely accepted in numerous legal systems, including Iran's, where it has enshrined in Article No. 13 of the National Criminal Judiciary Law established in 2013. This principle serves as a basis for nonsuit judgments in criminal matters. In this study, we delve into the conditions for applying this principle in criminal law and jurisprudence, examining various examples where disputes arise and exploring the conditions for its application. One essential condition is the finality of the ruling, regardless of whether it ends in a conviction or acquittal. Another condition is achieving unanimity among adversaries, which can prove challenging. A third condition is the unity of cause, as in the case where a civil lawsuit precedes a criminal one or vice versa. The legislature, in Articles No. 16 to 18 of the Islamic Penal Code enacted in 2013, delineates various scenarios. A fourth condition is the unity of subject matter, prompting debate over whether it pertains to the unity of external actions or the unity of the title of the crime. Through jurisprudential and legal analysis, it becomes apparent that the criterion hinges on the integration of external actions, elucidating that multiple legal titles do not warrant trial de novo regarding a claim for a single act.

Absence of a legal framework for resolving commercial disputes and distinguishing them from civil contracts, made it necessary to create solutions to find an effective mechanism. This research aims to examine the structure and importance of commercial courts by using the indicators to distinguish commercial from civil contracts. This research is a descriptive-analytical type and has tried to achieve a coherent understanding of this issue by analyzing the researches related to commercial courts and differentiating them from general-law courts. Since one of the obstacles to foreign investment in Iran is the lack of commercial courts, the role of expert judges in dealing with commercial cases in the development of trade, facilitating investment and improving the economic indicators of today's societies is undeniable. Despite the formation of specialized commercial courts in French, British and American legal system and the emphasis on its legal and economic needs, the creation of these courts is still one of the reforms and necessities of Iran's judicial system. The establishment of these courts, in addition to being specialized aspects, can help speed up, reduce costs and make more reliable the processing of commercial claims that originate from the inherent and unique features of commercial law. Therefore, all efforts should be made to determine the structure and importance of these courts and in this way help the country's business and economy.

Realization of justice in international criminal proceedings requires objective criteria and standards due to the multilingual nature of this process. The right to a fair trial includes a number of technicalities (procedurals) designed for the criminal justice process as an umbrella guarantee. Some aspects of this guarantee are directly related to the language. Language is both a means of doing justice for all the rights of the accused (prosecute claim) and one of the criteria for the realization of a procedural justice by providing free interpreter assistance in situations where the accused does not understand or cannot speak the working language of the court. The right for having an interpreter for such defendants is recognized both as a conventional international rule and is visible in the statutes of the International Criminal Courts, but the mere expression of this right without proper and practical application does not guarantee the right to be respected in international proceedings. Therefore, the question that is raised is what role does language and interpreter as a communication factor play in realizing a fair trial in the international criminal justice system that is full of multilingual proceedings. The author believes by following the legal doctrines, documents and judgments of international criminal courts that the right of a defendant who does not speak the working language of the court to have an interpreter is not only closely related to all the principles of fair trial and defense rights of the accused, but in fact, failure to observe this right can mean a violation of other formal principles in the trial. The logic of this right lies in effective communication by enabling the accused in order to protect the accused against arbitrariness and the minimum guarantees of a fair trial, especially where the trial is conducted in more than one language which has provided a hopeful structure for prosecuting claim of linguistic rights in criminal proceedings.

With the establishment and development of special economic zones, the appearance of international trade disputes has increased and focusing on the legal methods of resolving the mentioned disputes has been part of the strategy of the relevant governments. International commercial arbitration is a common and accepted way of resolving disputes in special economic zones. However, some governments have established international commercial courts in these regions in the last two decades due to practical needs. Some features of international commercial courts that are modeled on the rules and methods of international arbitration are: more flexibility in proceedings, the possibility of appointing judges of foreign nationality, allowing the presence of foreign lawyers in court, allowing the parties to agree on conducting private proceedings and expanding the ability to enforce judgments. Also, some gaps in international commercial arbitration, which have been adjusted to some extent in international commercial courts, are: the possibility of a third party entervention, increasing the speed of proceedings, and the independence and impartiality of the investigating authority. In practical terms, also we see a two-way interactive relationship between these two institutions; Because on the one hand, international commercial arbitration has played an important role in the establishment of international commercial courts both in Europe and in Asia, and on the other hand, international commercial courts also play an increasing role in arbitration proceedings and they provide judicial assistance for carrying out and developing the arbitration process or guaranteeing the implementation of arbitration decisions. According to the performance perspective of international commercial courts, their comparative study seems to be a necessary step in order to provide a favorable model that fits the requirements of each country.

According to article 570 of the Islamic Penal Code, the actions of officials and officials affiliated with government agencies that lead to the deprivation of personal liberty of individuals and violations of constitutional rights can be the basis for guaranteeing criminal executions such as dismissal and imprisonment. This paper, while analyzing the above-mentioned article, explicitly raises the important question that, assuming that government officials and officials take illegal actions based on a provision contrary to the law, can judges of the courts invoke the authority provided for in article 170? Should the Constitution apply the performance guarantee specified in article 570 of the Penal Code? In the present paper, by studying cases of judicial procedure of courts and using a descriptive-analytical method, it has been concluded that the authority obtained from article 170 of the Constitution has no necessity other than non-implementation of illegal provisions by judges and in such cases the inherent jurisdiction of the Administrative Court of Justice in articles 170 and 173 of the Constitution and by using capacities such as issuing warrants for reviewing the legal aspect of the protested regulation is referred to the Administrative Court of Justice and based on the Court's decision in the above regulation, a decision is made in the criminal case.

Law as one of the most important concepts of Iran's constitutionalism was considered by all the thinkers of that era. Akhundzadeh, as one of the intellectuals, noticed this concept and thought about it. His discourse on the law consists of several parts. First, the importance of law and its necessity in Iran. Second, pay attention to the point that until some preliminary actions are done as required by the law, we cannot hope that the writing of the law will bring us the results we want. Akhundzadeh took the side of the law in an important action regarding the relationship between the law and the Sharia, and in this respect he was distinguished from his contemporaries. He believed that the law and the Sharia have two different theoretical bases and it is impossible to compare them and make the Sharia the basis for writing the law or consider both as the same. In his critical review of Mirza Yousuf Khan Mostashar al-Dowleh's book he specified his positions regarding these two concepts. In this article, an attempt has been made to examine Akhundzadeh's view of the law and its relationship with the Sharia by relying on his works.

Since the International Criminal Court was established, Ahmad al-Faqi al-Mahdi was the first person prosecuted by the Court for crimes against cultural heritage. In his trial, the Court appears to have followed a practice influenced by human rights. Such human rights influence can also be observed in other international criminal courts, such as International Criminal Tribunal for the Former Yugoslavia (ICTY). One can argue that the change in the notion of cultural heritage and the increasing salience of cultural heritage in international public opinion from a human rights perspective count among the factors affecting the international criminal courts. Against this backdrop, the present article draws on a descriptive and analytical methodology to explain the practices adopted by the international criminal courts from a human rights perspective. It answers how international criminal courts approach cultural heritage by suggesting that human rights influence the international criminal courts in their approach to cultural heritage. This research discusses the shift in the notion of cultural heritage, the practice of international criminal courts, and the international community's approach to shared cultural heritage.

The adherence to transparency is one of the important issues in governance. The institutions for constitutional review are also not exempted from the obligation to exercise their powers. However, the degree of adherence by these authorities, especially in the deliberation stage, like some other institutions, needs some points to be considered. This paper, using a descriptive-analytical method, seeks to determine the scope of transparency in the deliberations of the members or judges of the Constitutional review bodies. .The deliberation stage is important since the performance of these bodies is crystallized in these deliberations more than anything else. As a result, despite the almost universal acceptance of the principle of confidentiality of deliberations in these authorities, there are the structured ways to make them transparent at different levels. Classically, the transparency has higher levels in common law systems and less in civil law systems. However, many constitutional courts/councils of recent systems have moved towards more transparency in theory and practices.

The connection of The Sufis of the convents with the court during the sixth to ninth centuries AH has taken a path which can be said to contradict the belief of the Sufis before the sixth century. This means that in earlier eras, the words and deeds of the Sufis of convents emphasized the escape from the centers of power; but from the sixth century onwards, some Sufis began an effort to facilitate the Sufi convent’s relationship with the court, so much so that in the ninth century some Sufis abandoned practical Sufism and became involved in court affairs. Chronologically, the sixth century is the intersection of these two opposing views in the history of Sufism, which has been interpreted as a period of transition. During this period, there are two types of Sufis related to the subject of the court with the first group being those who continue to insist on the beliefs of their ancestors and keep Sufi monks away from going to and from the court. The second group is also Sufis who in practice want to create a link between the convent and the court, and justify it in their in speech. In this article, relying on the sayings of the elders of this period, while stating the subject, the reasons that caused a new situation in the history of Sufism have been examined.

Proliferation of international tribunals and jurisdictions is a rather new phenomenon that has emerged in international public law, generally and in international trade law, specifically. However, this phenomenon signals preparation on the part of states to use courts and tribunals for settling their disputes peacefully, it may raise problems when courts arrive at divergent or event conflicting rulings in an international legal order that lacks hierarchy. This article aims to address whether proliferation of tribunals and jurisdictions has emerged in international trade law; and if so, what is its consequences for international trade law and which possible solutions may be suggested to deal with its negative consequences.

This Research is prepared by a descriptive-analytical method.

Given to reasons for proliferation of tribunals and jurisdictions that are addressed in this article, the answer to the question of emergence of proliferation in international trade law is positive. Thus, the consequences of proliferation in international trade law are presented. Then, in regard with exclusive jurisdiction of World Trade Organization (WTO) for international trade disputes and its exceptions by Free Trade Agreements (FTAs), practical instances of conflicting jurisdictions in international trade law jurisprudence are recognized. Finally, possible tools for solving conflicting jurisdictions between WTO and FTAs disputes settlement mechanisms, and also possible solutions for improvement of cooperative interactions between these mechanisms are suggested.

Article 477 of the Code of Criminal Procedure allows the head of the judiciary and other officials in the judiciary to, If they find the vote illegal, re-examine it through the methods available to them in Sharia, and if they recognize opposition to the Shari'a, the head of the judiciary allows the retrial. In this case, the authority for the retrial will be one of the branches of the Supreme Court among the branches that have been assigned to this matter. Although this procedure is useful for overseeing the work of the courts and protecting rights, the procedure is complex, vague and opaque, and not accessible to all people. In addition, this method is contrary to the general rules of procedure, including the rule of respect for the right to defense, the rule of openness and transparency of the proceedings, the rule of procedure, the rule of court hierarchy, the rule of judges independence, the rule of equality of the people before the law. In this article, an attempt has been made to adapt this article to the rules of procedure and to review it

Enforceable documents are designed to reduce the volume of court cases. The purpose of this study is to investigate the implementation of binding documents in the framework of formalism and pluralism of law.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

considering that notaries and marriage and divorce offices are one of the legal authorities in preparing official documents in relation to property, obligations and contracts of individuals, On the other hand, it is possible to implement the provisions and their meanings without referring to the courts, they can play an improving role in line with this goal.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The prevalence of postmodernism in societies has complicated the relations between the subjects of law, and as a result, the legislator cannot design and pass regulations based on the traditional order and division of legal titles and concepts.

Dispute resolution authorities are a common term for all councils, commissions, boards, courts, courts, tribunals, and similar titles established by law to deal with crimes, violations, disputes, and other matters. Dispute resolution authorities are divided into two groups, "judicial" and "administrative tribunals "; The first category of authorities, which can be called the judiciary, are named "judicial authorities" based on their formation in the judiciary, and "administrative tribunals " are legal authorities that are established outside the courts due to their formation in the legislature and the executive branch. The judiciary is a body of the judiciary that deals with disputes imposed on them by law. They are known as non-judicial, quasi-judicial authorities and specialized administrative authorities. Among the most important of them are the authority to investigate regulatory and disciplinary violations, the Boards of tax dispute resolution, the Commission for Investigation of Customs Disputes, and the Commission for Investigation of Structural Violations. Prompt prosecution, low cost and de-judicialization can be considered as the reasons for the establishment of non-judicial authorities.

The citation of constitutional principles in judgments of the courts is one of the issues related to the evidence of the verdict. It is obvious to cite the principles of the constitution in the constitutional courts, but in ordinary courts, i.e. criminal, legal and administrative courts, not all the principles of the constitution can be cited, and only some of the principles can be invoked. The inviolability of a country's constitutional principles in court rulings depends on the type of system of compliance of the statutes of parliament with the constitution, the extent of the constitutional principles, the substantive and formal principles contained in the constitutions, and the training and morale of judges in invoking constitutional principles. Due to the different effects of these factors from one country to another, the amount of citation to the principles of the constitution in the courts of different countries is not the same and is different. In Iran, due to the non-acceptance of judicial supervision in accordance with ordinary laws and the Constitution, most cases of citation to the Constitution in court rulings are related to principles such as Articles 37 and 49 that the Constitution in order to constitutionalize rights and other reasons, accepts citable principles.

Due to the transformation, development and progress achieved in this era, the proof of some issues has become very complicated and their diagnosis requires special knowledge and expertise, which will clarify the truth of the issue by providing technical and specialized information. The purpose of this article is to examine the opinions of expert experts in judicial courts in Imami jurisprudence. This is a descriptive and analytical article and has investigated the mentioned question by using the library method. The findings indicate that the expert's opinion is the point of view of an expert and professional person, which the judge uses as a useful tool to resolve legal and criminal cases. The mentioned opinion is not specific to the current law and has been of interest to jurists for a long time in jurisprudence texts under the title of expert opinion. In Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. The expert's theory is considered one of the main pillars of the proceedings when it is the basis for issuing a verdict. For this reason, the expert must have certain qualifications and in order to conduct the expert, certain regulations and formalities must be observed by the court and the expert so that the theory of the expert is valid.

Comparative Administrative law is a difficult subject. It is necessary to steer a course between the assumption that all systems are singular, shaped by a plethora of distinctive features that are never replicated elsewhere; and the equally extreme assumption that differences are merely on the surface, such that if propositions are stated at a sufficiently abstract level, then there will be commonality between all systems. The ascription of cause and effect when considering the rationale for differences is equally challenging, and is the principal focus of this review article, which considers the strengths and weaknesses of a structural explanation for divergence in administrative law in different countries.Study of comparative administrative law reveals commonality and difference between the systems studied. That is axiomatic and self-evident. The depth of the resulting similarities and divergences may be difficult to estimate, the explanation for them even more so.

According to Article 170 of the Constitution, judges of courts are obliged to refrain from enforcing regulations contrary to Islamic laws and regulations. In the form of descriptive-analytical research, based on the application of the phrase "judges of courts" in this principle, the Statute of the Administrative Court of Justice in the Iranian judicial system and the procedure of that Court, proved that the judges of the branches of the Administrative Court of Justice are subject to this principle and obliged to refrain from enforcing such during their proceedings. In this regard, according to Article 11 of “the 2013 Law on the Organization and Procedure of the Administrative Justice Court” that obligated the convicts in the branches of this courts to observe the provisions of the court's decision in their subsequent decisions and actions, it was concluded that, contrary to the supervision of other judges, if the judges of the branches of the Administrative Justice Court find the regulations to be contrary to the Islamic laws and regulations, in some cases it will be possible to invalidate them in general, which was referred to as the "implicit Revocation of Government regulations". However, this situation is inconsistent with the interpretive competence of other judges of the courts in Article 73 and the wording of Article 170, which states that "the effect of the supervision of the judges of the courts is occasional".

Communities around the world are made up of groups with specific ethnic, racial, linguistic, religious, and cultural diversity. The crime of cultural anti-genocide includes destroying the culture of these groups. The crime of genocide is committed in accordance with the statute of the International Criminal Court with the intent to destroy all or part of a particular national, ethnic, racial or religious group. Ending discrimination against these groups requires that we support this diversity by promoting and enforcing human rights norms.

The present study is based on descriptive and analytical methods and based on library documents and sources, and in this regard, international regulations and Documents related to the crime of cultural genocide have been reviewed.

Findings and results of this study indicate that physical and biological measures are not the only way to destroy a group, but measures to cultural destruction of a group can be considered as cultural genocide. While a group may disappear without its members being killed. Cultural desegregation is the loss of the existential meaning of the culture of groups, and this through the total or partial destruction of groups and, in short, through the disappearance of tangible cultural heritage including books, art objects, religious monuments, cultural sites such as cities, schools, libraries, mosques , Churches, monasteries and other centers of worship and spiritual and intangible such as political and social institutions, language, art, literature, culture, spiritual traditions, customs, national feelings, religion and dignity of individuals belonging groups.

Commercialization of justice and increasing in litigation costs (court costs, fees etc.) has challenged access to court for some individuals. In order to remove this problem and facilitate their access to court, various mechanisms such as contingency fees, legal expenses insurance and funding litigation costs by third parties have been devised. The latter institution is an aleatory contract that for first time established during 1990S in Australia and then was accepted in other countries. The contract is concluded between a funder and a plaintiff, by which the former pays plaintiff’s litigation costs in exchange for share of recovery. There are arguments for and against this contract. In US legal system, The critics consider the contract void due to being Qarar, ignoring the prohibition of maintenance and champerty rules, contrast with public order, increasing the cases, encouraging unmeritorious claims and reducing the settlement’s incentive. Conversely, it could be considered valid based on the society’s need and social and economic interests, facilitating individual’s access to court, preventing from private justice, increasing incentive to settle and preventing to file baseless suit.

The present study has answered the this question: How and on what initiative do judges provide the context for the application of restorative programs in juvenile criminal courts? Restorative interpretations of legal provisions such as referral to mediation in all Ta'zirat offenses, weakening of the constituent elements of the crime, use of the legal capacity of a conditional or suspended pardon, and obtaining the plaintiff's consent after the announcement of the end of the proceedings and before the verdict; are Judicial initiatives. Also, the replacement of similar institutions with unimpeded legal establishments such as the establishment of the Peace Council and the social work unit, the referral of mediation to counter with closed- case policy _to believe the number of closed case as the criterion for the efficiency of judicial system instead of quality of decision making_ and the cooperation with the lawyers of the Association for the Protection of Children's Rights to solve the problems caused by the undesirable quality of defense lawyers are structural initiatives to avoid obstacles.