The procedure of quasi-judicial authorities as a fundamental right with a reflection on English law

Document Type : Original Article

Authors

1 PhD student in private law, Sari Branch, Islamic Azad University, Sari, Iran.

2 PhD in Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Sari Branch, Islamic Azad University, Sari, Iran

Abstract

Adhering to a fair trial and regulating the conduct of the trial requires that litigants know their rights in the proceedings, and the investigating authority also follows certain pre-prepared rules. Compliance with these two pillars requires the existence of regulations in the field of procedural rights. On the other hand, the absence of procedural regulations will always cause division in the proceedings, and the parties involved in the case do not know what duties they should adhere to so that their rights are not violated in the proceedings. In fact, the principle of the unity of law as the fundamental principle of any proceeding is challenged. At the same time, the existence of regulations removes some of this ambiguity and confusion, and they specify the duties of both parties to the dispute and the hearing authority. In other words, both the hearing authorities and litigants will be informed about the procedure, and the last one will be aware of their legal rights and duties. Therefore, it is obvious that the proceedings are considered fair if the proceedings from the beginning to the end are subject to the rules that the litigants and the authority are required to adhere to. In this way, the rights of each of the parties and their duties will be assured and clarified. At the same time, it avoids conflict in the course of proceeding.

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History

  • Receive Date: 12 March 2023
  • Revise Date: 27 May 2023
  • Accept Date: 23 July 2023

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