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The principle of Jurisdiction Independence between Theory and Application | ||
| Al-Ma'mon College Journal | ||
| Article 1, Volume 0, Issue 16, 2018, Pages 123-138 | ||
| Author | ||
| Khalil Hameed Abdul Hameed | ||
| Abstract | ||
| Due to the significance jurisdiction and the vitality of its mission , the Greek philosopher Aristotle had depicted a picture of independent judges , indicative of their role in achieving justice . It is the image of a blind –folded girl who carries a scale in a hint to say that all people are equal in a judge’s eyes . Relatives and strangers, friends and foes are all weighed by the same scale. In investigating the independence of jurisdiction , one should differentiate between independence and objectivity . Independence means the prevention of other authorities from meddling in jurisdiction issues . While objectivity refers to the judge’s ability to judge objectively in any case. His personal criteria , likings and dislikings should be put aside and his judgment is to be based on facts and scientific bases . Thus is the concern of modern societies which seek to spread justice and guarantee Citizens’ rights and freedom . Such societies have emphasized the independence of jurisdiction through Constitutional laws and documents .Yet , is it enough to issue such laws to guarantee the independence of jurisdiction ? An objective study would reveal the gap between theory and application ; between the contents of the texts and their practical applications. | ||
| Keywords | ||
| Jurisdiction Independence | ||
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