نوع مقاله : پژوهشی
نویسندگان
1 ندارم
2 دانشگاه علامه طباطبایی تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Judicial discretion is one of the fundamental concepts in the philosophy of law. This study aims to clarify the concept of judicial discretion and analyze Iran's legislative criminal policy toward it by revisiting the major jurisprudential theories in this field and evaluating their reflection in the Iranian legislative system. The findings indicate that judicial discretion is not merely a consequence of the indeterminacy of legal language; rather, the quality of legislation also constitutes an independent variable that plays a fundamental role. Accordingly, judicial discretion is defined as the normative authority of judges to choose among several legally permissible outcomes. Furthermore, by distinguishing between weak and strong discretion, on the one hand, and explicit and implicit discretion, on the other, the study proposes an appropriate analytical framework for evaluating legislative criminal policy.
Ultimately, the study concludes that judicial discretion is an inevitable feature of every legal system. The principal challenge, therefore, is not its elimination but its management and regulation within the framework of the rule of law. So improving the quality of legislation and precisely defining the scope of judicial intervention as a means of controlling judicial discretion constitute the most important mechanisms for legitimizing judicial discretion in Iran's criminal.
کلیدواژهها [English]
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