Comparative study of the source of the legality of judicial proceedings in the legal system of Iran and France

The validity of judicial procedures differ in both legal and general law. Contrary to the common law system, the privileged position of the law in the Roman-German legal system has always marginalized other core sources, in particular the judicial process. For a long time, this was dominated by Romani-Germanic families, the only law that could be effective in the field of the rights of origin, and the creation and establishment of rules of law, and this monopoly role of the law is necessary for democracy and the preservation of individual rights and freedoms. A group of lawyers do not deny the influence of spiritual influence and the contribution of judicial procedures to the development of rights, but for various reasons it does not include it as a source of law. Some of it is considered as a source of sources of law in our legal system. In this article, while examining the arguments of believers in each of the above views in Iranian law, we consider that the judicial process in the general sense creates a certain kind of law Whose observance is unnecessarily binding on the courts and should be considered as part of the law.