American Journal of International Law, vol. 1 (January 2016), http://www.ajil.

info

American Journal of International Law: 2016.

Impact Factor: 1.056, Vol.111, No.1 (January-February):,
DOI: 10.989765/2016.5.71.4

Necessity To Engage With The Elements Of Judicial

System And Its Impact On The Provision And
Development Of Justice And Security
Vali ShirPour1

Abstract
People of society as capital and human resources of a society are in need to the
peaceful society along with justice and security in order to fruition from healthy and better
future. Security provision that is due to the implementation of justice is the most
important wanted of each judicial organization and the main components of judicial
system of each country are judges and lawyers. Existence of common objectives as law
enforcement to revive community member rights and to the provision and development of
security and justice establishment requires more and more interaction between these two
sides of justice.
In the present study which has been done using library method, there is an attempt
to survey the interaction and the effect of two socially important institutes on justice and
security and also the existent barriers in this direction and present needed guidelines in
this field through explaining the role these two institutes in the judicial system of the
country.
Keywords: justice, security, judicial system, judges, lawyers

Introduction
1

University lecturer of department of law Payam-e Nour University.3697-19395 Tehran, Iran, PhD. Of Criminal
Law and Criminology of the Academic Science of Azerbaijan, Instructor of the law field in the Payam-e-Noor
University of Ardabil Parsabad, Work Place Address: Ardabil - Parsabad - Opposite to the jihade Ashayeri
office - Payam-e-Noor university, Home Address: Ardabil - Parsabad Ajirloo Square Angle to the Sahid
Beheshti Avenue, zip code: 56917 38584, Phone number: +984532-732190, Mobile: +989143533625, Fax
number: 0452-7289596, E-mail: vshirpour@mail.ru

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Doubtlessly, achieving justice and securities in society concerning its authentic

connection with providing judicial security of citizens has been always as social troubles of
divine leaders and benevolent of the world. The God on high bids in Quran: O you have
become believer, rise up for justice and testify to God; however its harmful for you or your
father, mother or your relatives. If one of both parties of claim is rich or needy, again God
is more rightful than you on them, so dont act fancily that consequently will depart from
right and if you shunt or object, absolutely God is conscious to what you do (Surah Nesa,
verse 41)
Prophet Mohammad bids: Establishing justice in an hour is more preeminent that 60
years worship and justice to God is the most appropriate order (Moosavi Khomeini, 40
Anecdotes: p17).
IMAM ALI peace be upon him bids about necessity of emirate to protect justice and
security in society in 40th discourse of Nahj Al Balaqeh: People need a good or bad ruler
till the believers will be busy in their work and infidels will enjoy in shadow of government,
people will live along establishing government, roads will be secured and poor peoples
rights will be taken from powerful people and beneficent people will have welfare and be
safe from evildoers (Dashti, Translation of Nahj-Al-Balaqeh: p65).
Philosophy of creating and reviving cooperation and thoughts plan among judges and
lawyers should be searched in current condition of the countrys judicial system and its
philosophy in providing security and justice in society. Following public discipline,
providing internal security, executing laws, respecting on freedom and individuals rights,
peoples immunity from offense, executing justice, following peoples moral and prestige of
society and other rights specified in constitutional law and common laws are out of
hardworking judges power of judicial organization of country. The mentioned rights and
defense of them consists of inherent rights that human has known it since long time ago
and following it completely in a conflict involving, enjoyment and usage of defending
facilities by individuals are equal and proxy is always a tool for achieving these aims and
providing judicial security and justice and just proceedings which finally leads to satisfy
humans justice seeker feeling. Perhaps this slogan which angel of justice with two limbs
of attorney and judgment is able to fly is the most fluent interpretation of close
communication of proxy with judgment in providing justice and security in the society.
Thus, having common and holy aims among judges and lawyer along with protecting and
reviving mankinds rights and settling justice and security in society, makes clear necessity
of appearance and developing such cooperation and thought more than before. In this
paper, thoughts among lawyers and judges has been suggested as fundamental, positive
and effective on providing and developing justice and security in society and investigating
and promotion, judges life and careful and continuous observation and evaluation of
judges actions and lawyers activities, creating thoughts culture among lawyers and judges
for achieving this important aim. Of course justice in this writing means that part of special
meaning of justice which is for correct and order executing with speed and courts
sentences confidence as accepted ways and reliable to this important , and aim is not
conventional meaning. In this writing, in the first subject, security and justice is defined,

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then position and importance of judges and lawyers and rights and their duties are made
clear and present challenges are considered and in the second subject we will discuss and
consider necessity of thoughts among lawyers and judges, effective and preventive
elements on this important case.
Subject 1
Discourse 1: Concept of justice and security
Justice is one of the important elements and is so important in divine systems that God
has known as one of divine prophets prophetic missions aims to lay justice (Surah Hadid,
verse 25) and has ordered to justice and benefaction 9 Surah Nahl, verse 90) and also bids:
Seek the justice that God likes justice seekers (Surah Hojarat, verse 9) and When you
adjudicate God is listener and clear-sighted (Surah Nesa, verse 9).
IMAM Khomeini bids: Justice consists of mid limit among excess and negligence and
overstatement and guiltiness, is of humans high accomplishments; the great philosopher,
Aristotle has said that: Justice is not a part of accomplishment, but is of all
accomplishments; and justice which is the opposite of it is not a part of rascality, but is all
rascality (Moosavi Khomeini, topic description of insanity and intellect, P150).
Allameh Tabatabaee has defined justice as: Justice is to give each right owners right to
him and to put in his suitable position (Tabatabaee, Tafsir-Al-Mizan, p371).
RaqebEsfahani has said: Justice is to share equally and its been said that the sky and the
Earth have been solidified based on justice, to aware this if one element of four world
elements is more than other elements, world wont be a place of wisdom and discipline
(RaqebEsfahani, Mojam Mofradat Alfaz of Quran, below of justice article).
Security consists of: The confidence that based on it, individuals in a society that they
live have no fear to protect their bodies, prestige, material and spiritual rights (Hashemi,
Human rights and Islamic freedom, p2760).
Thus, achieving this right involves two fundamental securities:
1. To provide peoples security against any kind of illegal offense
2. To provide citizens security with supports that are done by society for each of its
member in order to protect peoples rights and freedom
In this order, security creates duties for people and government, it means that people
need to respect on each other material and spiritual rights and government also has duty:
firstly to legislate and establish administrative and judicial organizations to create security
for people; secondly government himself respect on citizens rights and freedom and
doesnt object it by surrendering against origin of law jurisdiction (the same, p277).
Discourse 2: Lawyers and judges position and importance
Lawyer and judge are Gods titles and it means that everyone cannot be deserved to
these titles and their owners are so respectful and valuable and have a serious duty. God
bids in Quran: Surely your God arbitrates among them based on his sentence! (Surah
Naml, verse 8).
Proxy and judgment are a sound, legal and permissible ideology because its existence is
of justice providing elements which providing justice itself is an important and basic topic

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in judicial system. In other words, proxy and judgment are basic elements of just trial in
judicial system. Since philosophy is final present and wisdom in just wisdom and also
stabilization and adaptation of law without discrimination and points with observing
peoples rights equality in society, doubtless its in a just trial that law adaptation is
provided; provided that trial includes just conditions in its real meaning and when this is
possible that in the first step, right of defending rights is given to both parties according to
Islam religion commands and legislated laws and in the second step conditions and fields
of their suitable defending rights are provided and secured justly, too (Bakhshizadeh,
Adaptable comparison of proxy in Iran and Azerbaijan, p135). Today developing and
extending jurisprudence and technique of proxy and lack of peoples enough awareness of
their rights, defense necessity by judicature lawyer in trials seems to achieve peoples right
and also help the court to settle justice more than before and importance of lawyers role in
executing justice and providing security is so enough that today it is one of the most basic
criteria of justice measurement in Jurisdiction Organization in different societies right of
defense and having a lawyer and independence of lawyers during doing their occupational
duties; because judicial justice is not achieved unless claim parties and their lawyers state
their words freely without any fear and court judge can also make necessary decisions with
complete independence (Asvar, Proxy in penal claims, p78).
Performing responsibilities in judgment and proxy, influences on peoples destiny and
rights and even sometimes destroys it. Then these occupations are different from other
official or free jobs and this difference is unstable in name and convention and in
effective measurement or peoples destiny and society.
Discourse 3: Rights and duties of lawyers and judges
1-2-Lawyers rights and duties
Lawyer has duties by accepting proxy occupation in front of society, judicial system of
the country, lawyers association and other co-workers and accepting real and legal bodies
proxy in front of client, claim party, participants in proceedings hearing, court,
government, governed commission.
As the lawyer expects to feel freedom and comfort in the court, he himself cant show
his common and natural reactions based on behavior, but he should be always mild
mannered and polite and even if he is insulted by claim parties or other attendants in trial,
he should keep his calmness. Of course this is a correct rule and respecting on judge and
court is necessary. Lawyer should set correct petition and complaints and be present in
trial hearing and avoid giving incomplete petitions and as its possible avoid giving bill and
in anyway lots of activities that are permissible and allowable as an origin. Following
appearances and formality of proceedings that unfortunately has been obsolete, is the best
method and device to increase dignity and credit of trials and judges and all judicial
system.
Lawyer cannot do activities in front of public eyes that doing them has no preventions
from others ideas. Of course it is natural that if a lawyer wants to follow occupation dignity

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and behavioral principles, he wont have pleasant and attractive life and if he follows
normal attractions of life, perhaps he will lose his credit as a lawyer and this causes his
guild to be cancelled, too. Meanwhile the lawyer should be so careful in his relations with
friends and co-guilds and other people and follows origin of temperance completely.
During doing work activities, the lawyer should follow legal necessities and use all
expected principles in laws to protect his clients interests. It is clear that no lawyer
interferes in his clients works without his satisfaction and assigning his allowance, but
from one side accepting responsibility of the clients works in a special quarrel causes the
lawyer to be aware of lots of his clients works willingly or unwillingly that maybe they have
no relation with claim topic. On the other side, presence of file and quarrel causes the
lawyer to be aware of problems of quarrel party, too while he hasnt given this allowance to
the lawyer and is not satisfied with it. This position settles the lawyer in a very delicate
position. The tiniest carelessness in keeping this information which may be proof of
secret or not, is against of occupational moral bases; it means that retelling these data
out of judicial authorities or in other clients defense position, is not allowable and
acceptable at all. In the first way, this rule must be also followed about information related
to the client. Therefore the lawyer must avoid retelling what happens between him and his
clients in the court or in his office, even in front of his family members.
Failure to observe this rule additionally may be proof of disciplinary or penal infraction, it
is possible to create lots of nervous pressure for the lawyer and also alter his credit and
reputation and damage his guild and occupation. Defense counsels must extract and
propound obvious and hidden meanings of laws so that it leads to provide and secure
individual and social rights of the clients; even if sometimes it limits rights of government
and governance. An English judge has said: Judicature lawyer has two enemies: one is the
claim party that is claimer his lawyer has damaged his right in favor of his client by taking
his proxys fee and the other one is the client who believes that the lawyer has taken proxys
fee to take his right without reason that is his right in any way and it should be given him.
One of co-workers has written a poem about this that is readable (Keshavarz, Judicature
proxy pathology, p42):
When a person is in prison, defense counsel is God.
When the danger decreases a little, he says his lawyer is of saints.
When he is free from prison, says his lawyer is as himself.
When its turn to pay proxys fee, the lawyer of that time is a monster or dragon.
Although no more work can be done to reject or reprove this damage, if lawyers always
behave toward client or claim party in frame of laws and following occupational moral
rules and principles politely and justly without ignoring a bit of clients legal rights, it will
be facilitated partly. This politeness and just that is lawyers duty, in some cases can
prevent damages caused by claim partys grudge and rancor partly. Although the lawyers
have their political and social believes and points of view and are free in expressing their

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political and social ideas, they shouldnt do party activities against attorneys association
and deploy politically.
The lawyer should follow the clients expediency in his repossessions and activities and
doesnt overstep of what the client has followed him obviously or in his authority based on
clues and convention and habit. Lord Mc. Milan from judicature attorneys of Scotland
believes that: Completing balance among lawyers duties that perhaps are against each
other, is not an easy work and is a masterpiece that its performance is imaginable from a
strong mans side as a lawyer (FeizMahdavi, judicature lawyers duty, p15)
Against all these duties and tasks, the lawyers mustnt be chased or disposed in threat of
chasing or official, economic penal and because of activity that they do according to
known duties and standards and moral principles of their known occupation
(MazaheriTehrani, Consideration of crime of showing off and interference in proxy work,
p186). The lawyers shouldnt be known as enjoying profit like their client or clients because
of doing their duties, in addition, no court or official authority that has known formality
the right of using defense counsel, mustnt prevent knowing formality the lawyers
attendance and mustnt prevent the lawyers attendance for defensing his client. The
lawyers against statements that express bona fide in written or oral in order for petition or
during their attendance in the court and other judicial authorities or against administrative
authorities, must enjoy penal and civil immunization. Righteous administrative authorities
have duty to be assured that the files information and suitable documents that are in their
allowance or control, are available for the lawyers in enough period of time for presenting
effective judicial co-operation to the clients and this availability must be achieved in the
first possible chance (Tayyebi and Namian, Proxy challenges in following citizens rights,
p201).
Of course in this relation, legislator knows the lawyer effective on social justice
development and progress and of original elements of justice execution that witness of this
claim is the same equality and respect of lawyers and judges, prohibition of suspending the
lawyer and penal supporting the lawyer in different laws such as note 3 of unit article
authorized in 1991 in System Expediency Recognition Association and articles 20 and 17 of
bill of judicatures Attorneys Association independence.
1-2- Judges rights and duties
Jurisdiction authority and real judgment in society is the biggest and the most
important authorities and all religious and faith believe in special importance, especially in
holy ceremony of Islam a position as deputy prophets substitutes has given to a judge.
According to Islam religion, judges should be chosen of the most honorable, cleanest, most
liberal people. Based on order of Islam holy ceremony, judge should be an angel look like a
human; because he must be justified of all badness and have all good quality and
characteristics of a human, because a judge involves in peoples life, property, petition and
reputation and job and basically is their protector, too by acting laws.

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In famous sentence of Imam Ali (peace be upon him) to SharihQazi: You are in a
position that prophets and substitutes or intercessor are (Horrameli, p1414) sensitivity of
judgment is being shown and makes understand that just and all qualified judges are in
position of prophet and substitutes. Imam Ali bids in famous treaty: Respect on the judge
so high that none of your close friends dont covet penetrating him and protect him against
these people and he should know that his position is not higher than him that wants
complain him. Imam Ali bids about making clear judges condition to Malik Ashtar: You,
Malik! Choose the best person among the people for judgment; of people that: facing
objectors with each other doesnt make him angry and grouchy, their lots of approaches
dont put him in hardship, he doesnt insist on his mistakes, it isnt hard for him to turn to
God when its clear for him, he forgets greed and doesnt know enough the little search for
understanding matters, he is careful than others in suspicious, is persistent in finding and
following because of reason and contention, becomes tired little with frequent approaching
of complaint, has lots of knowledge, forbearance and abnegation, isnt influenced with
situations, is patient in works, is more purposeful than all in enmity when right is clear,
much admiration doesnt deceive him (Dashti, Translation of Nahj-Al-Balaqeh, p411).
Having mentioned condition a judge can have good and just judgment that knows
jurisdiction and follows it. Aim of jurisdiction manners, are notes that a judge follows them
in behavior and speech, in society and judgment meeting, in addition to respect his
personality and dignity, finds a suitable field for just judgment. Of recommendation
collection that prophet Mohammad has counseled Imam Ali and his applied life method
and recommendations that has counseled judges and governor-generals as Malik Ashtar,
are following manners (Altabresi, MostadrakAlvasileh, p334 and HorrAmeli, previous,
p1414):
_Following complete neutrality in judgment
_Following equality between scuffle parties based on views, speech, sitting and notice
_Complete patience in hearing both parties speaking and not interrupting their words
_Lack of exhaustion, boredom and during judging
_Lack of judgment during hunger, sleepiness and anger
_Not making his voice louder at claim parties
_Keeping grandeur and lack of untimely and much laugh
_Lack of dealing with possible claim parties in public and market
_Lack of hostile banquet lonely
Duty of judicial authority that wont be achieved for judge just by having mentioned
condition and manners, is judicial powers aims and duties in doctrine 156 of constitutional
law in order to achieve justice and extend and develop it and support Gods limits and
peoples rights. Judge is charged to argue and document sentence of quarrel and hostility
according to doctrine 166th, 167th of constitutional law into law and if there is no sentence
in law, in civil and legal discussions on the basis of Islamic valid sources or valid dictum or
convection and certain habit.

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Against all of these conditions, characteristic and strictness, achieving and executing high
aims of jurisdiction organization by judicial authorities depends on having rights and
securities for this limb of justice angel. Having independence and judicial immunity and
good livelihood is the most basic rights of judicial authorities in this way. Healthiness of
justice depends on judges independence and his independence depends on providing his
independence factors. Judge must be needless about livelihood, dignity and other
mankinds common need. Imam Ali has noticed to being independent judge a lot and bids
Malik Ashtar about this: Investigate your judges judgments more seriously and extend
generosity for him so that his neediness is removed and doesnt need people. Respect on
his position a lot based on status and position that none of your close friends doesnt be
greed to penetrate on him and doesnt complain about his conspiracy (Dashti, 2010:p411412). Judges independence has been firmed and predicted in doctrine 164 th of
constitutional law and judges judicial immunity in article 42 of correction bill of a part of
justice administration principles and employing judges authorized in 1954 and during
deliberative theory 13/10/1998_7/377.
1-3-Jurisdiction systems damages and insufficiency
The main and basic trouble of jurisdiction system and responsibilities has been much
capacity of files in judicial system of the country for years. Regardless governmental and
judicial systems effort and stratagem in solving judicial and social dilemma by creating a
sub judicial organization called settlement of dispute counsel and also judges duress for
giving monthly statistics, not only hasnt treated any pain in this relation, but also care,
thought and conception have been replaced with speed and increase output and statistics
in jurisdiction systems problems, but also has been caused to create distance and peoples
permission related to jurisdiction system.
Today the most present important challenges in jurisdiction system that has been caused
to accumulate file in this system along a series of other external factors are corruption
presence in body of jurisdiction system, smeary space on administrative employees and
gossips around smeary space dominant on administrative employees, creating suspicion
and pessimism in lawyers and judges relations and lack of thought between these two
limbs of justice angel, tool view and peoples mere generalization toward lawyers, lack of
thought and understanding among administrative employees of jurisdiction system and
lawyers and presence of friction among them, increasing number of without scholarship
and enough proxy work, shortage of (judicial and administrative) human power and lack of
enough care in using and supervising carefully and in time on present hidden and obvious
works in judicial organizations.
If condition and characteristics of the judge, necessary effort and strictness in Islam
religion and Shiite religion are noticed to use these justice authorities, we will find out a
very important note that what Islam religion has noticed, in this present era it isnt being

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noticed a lot! In present era that is century of laws and rules, it is thought that legislating
complicated rules may make people work like machine till possibility of deflection may be
deprived of them; however this thought is completely unfounded and wrong and laws and
rules dont make human, but if laws are more strict and restrictive, thought of scape will be
created more among people. Beside judges judicial work, official and office orders of the
division of the courts that administrative employees do is so important and need accuracy
in defining condition and attention and supervision on function till the court offices dont
cause to make and create field of corruption growth in judicial organizations.
Perhaps paying attention to this Dr. Katuzians speech shows the depth of this damage:
Some time ago, one of my friends told me that some offices of the courts deal time of trials
10 to 20 million Rials and this caused me to be affected; I wish it wasnt true (Katuzian,
Judicial policy and offices of formal document, p282).
Lawyers and judges have common work area and meet each other imperatively. Generally
continuous and direct relation should create good and creative relationship among
workingmen of two occupations. But unfortunately it is not such as it practically; there is a
situation similar to peaceful coexistence- as there was in narration of cold war between
east and west blocks- instead of friendship, agreement and thought among people of these
two jobs in the best case.
One of the factors that puts the lawyer under pressure in fronts and various aspects of his
occupational and private life is: wealth hallucination about that lawyers that there is
among community of people, statesmen and in special way in lots of workingmens mind of
judicial positions sub judicial and even judicial authorities administration. These
authorities have usually read the same lesson that the lawyer has read, if there is such a
hallucination and prejudgment in judicial authorities mind and justice administration
offices, such a conclusion will be formed in his imagination presumably: Both of us have
used the same education study, now he should take proxys fee much more than my
monthly- and perhaps yearly fee- for a file that all its trouble responsibility is mine
(Keshavarz, previous: p38).
Perhaps this topic is similar in all occupations. In lots of time when I face an assertive and
educated student in class, at least during days that I dont have enough control on issued
discussions, I dont like the mentioned student a lot that day. It should be often as the
same in judicial authorities such as other occupations. Aware, accomplished and superior
judges on jurisdiction work welcome attendance of claim parties lawyers with observing
dignity and honor and mutual respect, because opposition and aspersion cases in the file
from their side and their clients point of view states with presenting reasons and
documents and judges work become easy and are restricted to evaluate the matters and
choose more strong and favorite aspect and reflect on verdict. But a judge who is weak
technically and scientifically, naturally he feels unsafe and sad and for covering his fault

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and mistakes and filling emptiness and weakness, not only he wont have good thought
with the lawyer or lawyers, but also he wont often show suitable behavior based on dignity
and honor with this other limb of justice angel. Its clear if we face a position that judicial
authorities having knowledge and control and dominance on jurisdiction work, they dont
like the lawyers attendance in the court or dont have suitable behavior with this effective
group in achieving justice, damage will be disaster and wastage.
Perhaps judicial job operators and sub judicial financial corruption is another dilemma
and basic damage of judicial system and present challenges of the lawyers with judges. If
there is an agreement and dealing between one of the claim parties and investigator
authorities, the other one of claim parties lawyers appeal wont have any effect and
advantage for legal sharing and verdicts of unit procedure and council ideas of legal office
and verses narrations and anecdotes. When disaster increases that lawyers find these kinds
of judicial authorities similar to them; in this manner jurisdiction work changes into
tradesman and proxys work changes into brokerage and this damage will be for
judicial power and in final analysis, damage for all government and system.
Other serious damages of jurisdiction system is presence of anti-lawyer judges and
anti-judge lawyers because of different matters such as moral, behavior, nervous and
even psychological problems in these two limbs of justice angel. If we as scientists and
noblemen also state that rescue way of manhood in justice and achieving justice angel is
not obtained except by thoughts of these two limbs, then what is the reason of these
approaches and view presence? What benefit and traces will this kind of view follow? If
judge and lawyer are pessimism and suspicious at each other and become far each other, it
is natural that judge wont trust on the lawyer and his speaking and may not pay attention
to his reasons and documents with present pessimism. Also the lawyer imagines that
maybe this judge is bribe lover and his opposite side has given a bribe and thats why his
reasons and documents arent paid attention to. If we assume this topic along ill-treatment
and noncooperation of some of administrative employees with lawyers, it is natural that
the lawyer forgets, too his position and may be encouraged to do inappropriate activities
such as promise or giving bribe and in this manner a destructive process will be made.
Increasing number of lawyers without enough proxy work makes corruption
spontaneously. Other crucial form that the lawyers involve in and finally its disadvantage
also enters in jurisdiction system in a long time is lawyers association competition with
center of legal counsels about issuing proxy allowance that comparison of these two
centers has created inappropriate space along increasing lawyer more, and cause to
decrease dignity and honor of the lawyers.
1-Subject 2
Discourse 1- Judges and lawyers communication
No one denies this reality that society needs lawyer and judge to execute justice;
because one issues a judgment to execute justice and the other one defends to execute

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justice. Of course it is possible for their duties to be against each other, too and this doesnt
mean that these two want to fight with each other; but the common aspect of both
attendances in the court is justice execution that both of them have taken an oath for it.
The lawyers are backup arm of judges in justice and defending underdogs. Dignity and
honor of judges and lawyers are interfaced with each other. Since keeping justice is duty of
both of them, expecting and ignoring dignity and honor of each other should be removed
through judges and lawyers and replace with concordance, agreement and fair thinking.
The lawyers work is not just to defend the accused or claimant and defendant without
being rightful or not; the lawyer is responsible for guiding client to step in the correct and
normal legal way and to help judgment and to make obvious right and reality and thats
why is a companion and assistant of judges and justice executors. Indeed future of proxy
and lawyers achievement is involved in keeping honor and dignity of this occupation that
appears with different situations of human societies (Saket, Justice seeking as a light for
legal thought writing, p538-539).
Discourse 2- effective factors on judges and lawyers concordance
1-2- supervision on judges and lawyers behavior
Continuous and careful supervision on the lawyers and judges activities and behavior
is one of the effective and accelerated factors to provide communication of judges and
lawyers and consequently to provide more justice and security in society. Concerning axial
role of judges in achieving just judgment, this right should be clear for people that
sovereignty acts a necessary supervision on judges behavior; because governments are
responsible for executing law correctly guaranteeing desired criterion of judicial manner so
that form of justice executing is one of political governments proficiency measurement
standards. When this importance is achieve that at first, individuals are chosen for keeping
jurisdiction position who have health, appropriateness, aptitude and necessary knowledge
and then their manners and operations are under correct control and supervision
(Tahmasbi, Disciplinary supervision process on judges behavior, p210).
Supervision on judicial manner and executing punishment about judges wrongdoing is
one of the matters which were always noticed by governments during the history. In
ancient Rome penalty of death was for judges negligence, ancient Iranians didnt know
lawful the judges wrongdoing and were so uncharitable on supervision work. Generally,
justice in ancient Iran has had important position; there are enough documents since the
Achaemenians dynasty that kings were observer of good process of judicial power and
judges honesty seriously. Also Islamic governments have considered this important case.
Imam Ali knows a man as the most wretched person of people if he isnt appropriate for
the judgment position that he has, and if an ignorant person plays the role of judge among
people unlawfully, he assimilate that person as a fly that is involved in spiders unsound
webs (the same, p211-212).
Imam Alis governmental procedure makes clear his specific notice and sensitivity
toward nominating judge matter and supervision on his function. Imam Ali doesnt know

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enough to bid Malik Ashtar to numerate choosing judge and emphasize on keeping his
independence and neutrality, but orders that judges function should be observed and
inspected. It is famous that Imam Ali appointed one of his partners called
AbolasvadDueli a jurisdiction occupation and he was dismissed the same day, he wanted
to know the reason of his deposition; Imam Ali bids: I heard your voice was louder than
quarrel parties voice (Heidarzadeh, judges disciplinary chasing, p18).
1-3- Occupational moral observance
Occupational moral is a collection of appropriate behavioral methods and qualities that
owners of various occupations such as judges and lawyers should observe and also
collection of dispraised qualities and activities that day should avoid. Moral is one of
important subjects of Quran; because this divine book has introduced one of the prophets
aims as people refinement. Human wont understand Gods position without achieving
appropriate moral; because human without moral is a dangerous animal that doesnt
distinguish between oppression and justice and fires everything and becomes the cause of
world corruption (Keshmiri, Moral in Quran from Imam Khomeinis point of view,
p293).
About occupational moral of proxy and judgment, discussion is further than their legal
duties and conventional commitments and executing guarantees and unwritten subjects
that their observance is necessary and essential for lawyers and judges based on
occupational moral. The most important moral principles are keeping and observing
dignity and honor of proxy and judgment, trustfulness, honesty and good faith,
trustworthiness and safe keeping, respect and humility, decisiveness and appropriate
adaptation, possessed desired and conventional scientific authority, observing confidential
information and secrecy and keeping secret, having piousness, justice loyalty and so on.
1-4- Judges and lawyers independence and immunity assurance
As judicial authorities independence and immunity has been predicted in doctrine 167
of constitutional law and article 42 of correction legal bill of a part of justice administration
principles law and employing judges authorized in 1954, also lawyers must have enough
security and assurance in position of executing all his occupational duties without any
threat, fear and prevention and incorrect interference and because of done duties, familiar
standards and moral principles, they mustnt be chased, threatened to chase or
administrative and economic penalties. During the time that the lawyers security is in
danger for doing their duties, they must be protected by government authorities
appropriately. The lawyers shouldnt be known as advantageous as his client or clients for
doing their duties. Meantime no court or administrative authority that has known right of
using lawyer formality, mustnt prevent lawyers attendance in order to defend his client
unless mentioned lawyer has been known unqualified based on law or procedure or
principles. Thus, the lawyers must have penal and civil immunity, too like judges and
members of the parliament of course by observing occupational moral against statements

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that they express with good faith in written or oral for petition or during their attendance
in the court or other judicial authorities or against administrative authorities.
1-5- Judges and lawyers mutual confidence and respect
Today lawyer who is as one of judges and jurisdiction systems powerful arm, is
considered as the most unreliable member in jurisdiction system now. Although justice
administration proxy is one of the free and independent occupations of the government,
because of interfering in peoples claims and effort to achieve the most basic aim of
jurisdiction system means justice, they must be trusted and relied. Confidence and
concordance and elevation of positive thought and without their alloy can help judicial
orders to flow fast and easily- in spite of consequence and verdict. Court can be known as
the lawyers work place, therefore according this way, the lawyer must feel comfort and
freedom in that place so that this freedom and comfort cannot be limited by anything
except judges responsibility, the court and the occupational principles. Judges and
lawyers, who are fair and pious, must believe in others refinement and piousness till its
contrary hasnt been proved. Proxy work is to defend the accused person and client in
parallel with executing law and achieving justice, thus a lawyer who defends the accused
person in spite of the crime that has perpetrated and what mental and political interests
and benefits he has, he mustnt be thought convergent and proportional with client based
on mental and belief, and the lawyer defends perpetrators of different crimes, he mustnt
make judicial authorities angry and this order mustnt be reason of their sadness in some
situations; because the accused persons defense right is the base of human rights global
announcement and international pact of civil and political right that is confirmed by
doctrine 35th of constitutional law and assuring article 570 of Islamic penal law and unit
article authorized in 1991 of system policy recognition association, are his basic rights and
also the lawyer defends the accused of crime perpetration based on his duty and legal
and canonical and moral assignment, not criminal person. Thus when absolute
conviction sentence hasnt been issued, he is still accused and included doctrine of
exemption, not guilty. The concordance of judges and lawyers based on confidence and
neutral respect, provides this possibility that they act in creative and modern method and
dont act passively for forming these relations. This method causes them to have activity
creativeness so that their activities provide claim parties right without using influence and
increase chance of executing justice and decrease tension and anxiety in the court space,
too.
1-6- The lawyers instruction and level advancement
Human is in a world at the beginning of 21st century that is completely different from
last world. Continuity of increasing accent of change and evolutions in recent decades in
different social, political, technology, economic and even cultural domains has changed the
conditions generally and has made judges and lawyers and legislators facing new
challenges; the conditions that awareness and knowledge advancement and change of view
are basic and necessary for confronting it.

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To persuade a person who has no specialization, is so easy. We appeal this note that he
doesnt know these things and become successful in covering our fault and mistakes. But
if our opposite side has knowledge like us or sometimes more than us, the matter will be
complicated and difficult; because he will want us reason and analysis and will not accept
force and unreasonable speaking. If the owner of an occupation is skillful and dominant,
not only he doesnt scare of discussing with another specialized person, but also welcomes
these events; because on one side he has chance to examine his knowledge and on the
other side it is possible for him to learn new things. Also the matter is often the same in
judicial authorities. Aware and skillful judges, dominant on judgment always welcome
lawyers attendance of both claim parties, but a person who is weak scientifically and
technically, naturally he feels unsafe and sad (Keshavarz, previous, p39).
1-7- Judges livelihood advancement
Lawyers and judges have common work area and meet each other necessarily.
Generally continuous and direct relation should create good and creative relationship
among workingmen of these two occupations. But unfortunately such a relation isnt
created because of different reasons consist of wealth hallucination and lawyers
earnings.
These authorities have usually read the same lesson that the lawyer has read, if there is
such a hallucination and prejudgment in judicial authorities, mind and justice
administration offices, such a conclusion will be formed in his imagination presumably:
Both of us have used the same education, now he should take proxys fee much more than
my monthly and perhaps yearly fee. Also negative mentality in judicial authorities will have
pest and disadvantages such as: envy, escape of lawyer (being anti-lawyer) or financial
corruption for judicial authorities. If operator of judicial occupation or sub judicial is
corrupt or deviant financially, subject of defense and proxy will be resolved in that
authority; because we awaken a person who is asleep but we cannot awaken someone who
shows himself asleep. If there is an agreement and dealing between one of claim parties
and investigator authority, the other one of claim parties lawyers appeal to legal sharing
and verdicts of unit procedure and council ideas of legal office and verses and narrations
and anecdotes will not have any effect and advantage (the same, p38).
Health of judgment work depending on judges independence and his independence
depending on providing independent factors such as providing judges livelihood
advancement are effective factors in judges concordance with lawyers. Imam Ali has paid
attention to the judge being independent a lot and has bided Malik Ashtar about it:
investigate your judges judgment seriously and extend your generosity and charity so that
his neediness is removed and doesnt need people. Respect on his position a lot based on
status and position until none of your close friend are greed to penetrate on him and
complain about his conspiracy.
Imam Ali bided Rofaeh governor of Ahvaz: Avoid accepting presents and gifts and
bided in other place: Each system needs a judge and the judge needs livelihood and food

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and this food should be provided with public treasury, not by people (Altabrasi, previous:
p353).
As it is clear in Imam Alis speech, providing judges livelihood is based on need and
management of life till the judge doesnt need bribe or gifts. Perhaps it has been extracted
of Imam Alis life procedures that a white check is given to the judge in some countries in
parallel with solving this dilemma which is of concordance damage between lawyer and
judge and naturally judgment and consequently achieving justice and security.
Conclusion and recommendations
Providing justice and security of citizens doubtless is provided with achieving justice
and security in society and this order that God has made it clear in Quran and of course has
been prophets and Imams and social troubles of world good thinking people.
Providing and developing security and justice are the most important desire of each
judicial organization and the most basic elements of judicial system of each country are
judges and lawyers, too. Because one issues a sentence for executing justice and the other
one defends executing justice, too and common aspect of their both attendance in the court
is the justice execution that both of them have taken an oath for it. Doubtless their quality
and potency and concordance and adaptation are the most survival password of this
system and these both are justice angels limbs that create a powerful and effective system.
So continuous and direct communication of workingmen with these two occupations
generally should be a good and constructive relationship that unfortunately todays instead
of being as powerful arms of judges and jurisdiction system, it is the most unreliable
member in jurisdiction system and this relation is a peaceful coexisting relation in its
best situation. Presence of corruption in jurisdiction system body, polluted space in
administrative employees and gossips around polluted space dominant on administrative
employees, creating suspicion and pessimism in lawyers and judges relations, tool
conclusive mere view of people toward lawyers, presence of friction among administrative
employees of jurisdiction system, inappropriate increase of number of lawyers and
shortage of human power and lack of enough carefulness in judicial and administrative
orders of jurisdiction system, lack of instruction and lawyers and judges level
advancement, low salary of judges and employees of jurisdiction system are collection
factors of lack of lawyers concordance and more adaptation with judges and of the most
important present disadvantage and challenges in jurisdiction system.
Since lawyers are backup arms of judges in justice and defending underdogs in keeping
justice and creating security in society and their dignity and honor are tied with each other.
Competing and ignoring each others dignity and honor must be removed through these
two limbs of justice angel and be respected with concordance, agreement and good
thinking and this importance will be achieved with continuous and careful supervision on
lawyers and judges manner, observing occupational moral, assuring their independence

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and immunity, neutral confidence and respect, instruction and level advancement of
judges and lawyers and of course with judges and employees livelihood advancement.
Literature
Asvar, Moharram. Proxy in penal claims, M.A. thesis of penal law and criminology, Ardabil: Islamic Azad
university, 2006
Bakhshizade, Taher. Adaptive comparison of proxy in Iran and Azerbaijan, M.A. thesis of penal law and
criminology. Ardabil: Islamic Azad university, 2011
HorrAmeli, Mohammad. Vasayel-Al-Shiah, Qom: Al-E-Beit institute publication, 1993
Heidarzadeh, Hadi. Disciplinary chase of judges, Tehran: Azad publication, second edition, 1994.
RaqebEsfahani, Hossein. Mojam Al Mofradatalfaz Al Quran. Tehran: Mostafavi publication, 1993
Saket, Mohammad Hossein. Justice seeking as a light in legal thought writing, Tehran: cooperative company
of publication, first edition, 2006
Tabatabaee, Hossein. Tafsir-al-Mizan, translated by Mohammad BaqerMoosavi. Qom: Dar-Al-Elm
publication, 1987
Tahmasbi, Javad. Process of disciplinary supervision on judges manner, Justice
administrative legal
magazine, no.76, (2011): p209-319
Tayyebi, Sobhan and Namian, Peiman. Proxy challenges in observing citizenship rights
from global standards point of view, Articles collection of New thinking Conference in
proxy territory. Tehran: Think makers publication. (2012): p195-214
FeizMahdavi, Mohammad Reza. Justice administration lawyers duty. Lawyers
association magazine no.120 (1972): p15-31
Katuzian, Naser. Judicial policy and notary publics offices, legal periodical of law and
political science academy of Tehran University, no.68 (2005): p281-296
Keshavarz, Bahman. Justice administration proxy pathology, bulletin of justice
administration lawyers association of Esfahan, no.63 (2011): p2-23
Keshmiri, Al RianHossein Loon. Moral in Quran from Imam Khomeinis points of
view, articles collection of Imam Khomeinis Quran thoughts conference. First edition,
(2009): p285-301
MazaheriTehrani, Masood. Study of show off crime and interference in proxy activity in
Islamic Republic of Irans right, articles collection of New thinking conference in proxy
territory. Tehran: Think makers publication. (2012): p185-213
Moosavi Khomeini, S. Roohollah. Forty narrations. Tehran: Raja cultural publication
center. (1989)
----------- Description of brain and ignorance enmity. Tehran: Adjusting and trace
publication of Imam Khomeinis institute (2001)
Hashemi, S. Mohammad.Human rights and fundamentalliberty. Tehran: Mizan
publication, (2005)
Mirza Hassan NooriTabrasi, Mostadrak Al Vasayel, vol.9 and 17 in Arabic. Qom:

174

American Journal of International Law, vol. 1 (January 2016), http://www.ajil.info

Publication of Al-E-Beit Institute, (1987)

175