Independence of Lawyers and Legal Institutions and Its Impact on the Country's Development


  •  Ali Ravanan    
  •  Leila Ghashghaei    
  •  Gholam Reza Ghashghaei    

Abstract

So far, have more written about lawyer, have less successful. Lawyer should be independent. Therefore, autonomy of Bar Association has been seriously proposed. Autonomy of judiciary and judges has always been emphasized in our constitutional law and has been proposed as judiciary should be separate of other powers. Judges shouldn’t be dependent or under power of others. On the other hand, there is no comprehensive and sufficient reference in constitutional law about bar association and judge and power of attorney is considered under people rights. In spite of all emphasis, conception of this deduction is not clear. Attorney autonomy is rooted from various bases and has separate and specific conception other than judgment. Studying principles of constitutional law accurately shows that attorney occupation is not subject of any supervisor principle to judiciary, but just having lawyer in procedural process is a part of people rights. Therefore, law maker shouldn’t see them equal to regulate constitutional law and pit attorney power as judgment under supervision of judiciary.


This work is licensed under a Creative Commons Attribution 4.0 License.
  • Issn(Print): 1913-9047
  • Issn(Onlne): 1913-9055
  • Started: 2008
  • Frequency: quarterly

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