نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیات علمی دانشگاه پیام نور
2 عضو هیات علمی دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The right to a fair trial, as one of the fundamental cores of public law, has been the subject of extensive structural and institutional analyses at the intersection of two key areas—fundamental law and criminal law. A comparative study of this institution in the legal systems of Iran and Turkey provides an opportunity to explore the theoretical, normative, and practical capacities in guaranteeing this fundamental right. The focus of this research is on identifying the support mechanisms and points of difference or commonality in the application of fair trial in the two aforementioned systems, with the aim of extracting adoptable patterns and designing a local model within the framework of Iranian domestic law. This research is written using an analytical-comparative method and using library resources, legal documents, and judicial procedures, and is organized within the framework of the theories of judicial justice, the rule of law, and the system of procedural guarantees. The research findings show that despite the stipulation of the principles of fair trial in the constitutional and ordinary laws, both countries face institutional and interpretative gaps in the practical realization of this right. The Iranian legal system lacks an effective interpretative intermediary institution between the legislative and executive levels, while Turkey, despite having a Constitutional Court and membership in the European human rights system, suffers from the problem of institutional independence and incomplete implementation of the Court's decisions. The main innovation of this research is the proposal to design an independent institution to monitor and interpret the principles of fair trial in Iran, in accordance with the requirements of jurisprudence and domestic public law, taking advantage of the experience of Turkey. This result can provide a basis for rearranging judicial policies and strengthening fundamental rights at the local level.
کلیدواژهها [English]
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