Legislative conflicts and challenges in the principle of lawyer independence in the Iranian and British constitutions

Document Type : Original Article

Authors

1 PhD Student in Private Law, Arak Branch, Islamic Azad University, Arak, Iran

2 Assistant Professor, Faculty Member, Department of Private Law, Arak Branch, Islamic Azad University, Arak, Iran(Corresponding Author)

3 Assistant Professor, Faculty Member, Department of Private Law, Arak Branch, Islamic Azad University, Arak, Iran

Abstract

Independent lawyers play an important role in defending human rights and fundamental freedoms at all times, so examining the independence of lawyers and its standards in different legal systems can be effective in achieving justice and human rights. This research has investigated the conflicts and legislative challenges, the principle of lawyer independence in the constitutions of Iran and the United Kingdom, with a descriptive-analytical approach and a comparative approach. The results of this study indicate that despite the obvious differences in the nature of the advocacy system in the legal systems of Iran and the United Kingdom, but these two legal systems have common views on the criteria of lawyer independence and the challenges it faces and their obvious differences in personality. He mentioned having a public and governmental bar association in the United Kingdom and having a private aspect in some areas (financial, managerial) in Iran. Also, the most important challenge and conflict that exists in the legislation regarding the independence of lawyers in Iran; The involvement of the judiciary is in the issuance of bylaws and laws that are contrary to the principle of the independence of the lawyer and will have international consequences.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 1165-1179

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