Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws
The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure. Yet the problem is how the approach and the inte...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2019-05-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_9980_9c8fddedf070d635f723c6810be54046.pdf |
| _version_ | 1797359441941626880 |
|---|---|
| author | Reza Najafi Aliakbar Gorji Ali Taghizadeh |
| author_facet | Reza Najafi Aliakbar Gorji Ali Taghizadeh |
| author_sort | Reza Najafi |
| collection | DOAJ |
| description | The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure. Yet the problem is how the approach and the interpretative method of the Supreme Court can lead to adjudication or hostility. According to the importance of the unity of interpretation and position of the precedent of the Supreme Court in judicial system, it seems that the Supreme Court has not been effective in interpretation and protecting rights and freedoms. The precedent of the Supreme Court shows that legal formalism and reliance on textualism and literal interpretation of the approach have not been completely dominant and prevalent by the Court and dynamic interpretation in some cases in line with the conditions of cases has been regarded by the Supreme Court. It is important to note that whenever the Court made use of such dynamic and purposeful interpretations, the results lead to adjudication. |
| first_indexed | 2024-03-08T15:17:37Z |
| format | Article |
| id | doaj.art-c98f0b0f76cb403fbc70dfd6260f6232 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:37Z |
| publishDate | 2019-05-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-c98f0b0f76cb403fbc70dfd6260f62322024-01-10T10:51:25ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162019-05-01206229332010.22054/qjpl.2019.34808.19199980Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case LawsReza Najafi0Aliakbar Gorji1Ali Taghizadeh2Beheshty universityBeheshti universityAllameh Tabatabaei UniversityThe high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure. Yet the problem is how the approach and the interpretative method of the Supreme Court can lead to adjudication or hostility. According to the importance of the unity of interpretation and position of the precedent of the Supreme Court in judicial system, it seems that the Supreme Court has not been effective in interpretation and protecting rights and freedoms. The precedent of the Supreme Court shows that legal formalism and reliance on textualism and literal interpretation of the approach have not been completely dominant and prevalent by the Court and dynamic interpretation in some cases in line with the conditions of cases has been regarded by the Supreme Court. It is important to note that whenever the Court made use of such dynamic and purposeful interpretations, the results lead to adjudication.https://qjpl.atu.ac.ir/article_9980_9c8fddedf070d635f723c6810be54046.pdfsupreme courtjudicial interpretationrights and freedomslegal judgmentlegal formalism |
| spellingShingle | Reza Najafi Aliakbar Gorji Ali Taghizadeh Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī supreme court judicial interpretation rights and freedoms legal judgment legal formalism |
| title | Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws |
| title_full | Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws |
| title_fullStr | Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws |
| title_full_unstemmed | Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws |
| title_short | Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws |
| title_sort | interpretative approach of the supreme court in protecting rights and freedoms in light of its case laws |
| topic | supreme court judicial interpretation rights and freedoms legal judgment legal formalism |
| url | https://qjpl.atu.ac.ir/article_9980_9c8fddedf070d635f723c6810be54046.pdf |
| work_keys_str_mv | AT rezanajafi interpretativeapproachofthesupremecourtinprotectingrightsandfreedomsinlightofitscaselaws AT aliakbargorji interpretativeapproachofthesupremecourtinprotectingrightsandfreedomsinlightofitscaselaws AT alitaghizadeh interpretativeapproachofthesupremecourtinprotectingrightsandfreedomsinlightofitscaselaws |