Challenges of Judicial Security and Strategies to Solve Them With Emphasis on the Principle of Rule of Law From the Perspective of Jurisprudence and Law

One of the fundamental rights of citizens is judicial security in the criminal procedure process, which means the protection of the rights of individuals in the procedural process and their access to justice. Judicial security manifests at two levels: objective and subjective. The objective level means the absence of any practical obstacles and threats in achieving the mentioned situation, and the subjective level means that there is no feeling of any fear of not achieving one’s rights in the procedural process, which is the result of legal warranties, including the principle of the rule of law. Therefore, the challenges of judicial security are such as political, legal, judicial, and social factors that seriously hinder the realization of judicial security in both objective and subjective dimensions and deprive citizens of this fundamental right. This article aims to explain these challenges and provide solutions to them by focusing on jurisprudential and legal sources and emphasizing the principle of the rule of law (principle of legality). The findings of the research show that solutions such as judicial independence, monitoring the performance of judges and the judicial system, the accessibility of the courts, and especially the principle of the rule of law play a special role in solving these challenges.