عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Judicial independence roots in the history of legal systems and nowadays its importance has developed. To realize this institution, we have inquired its nature from negative (independence from…) and affirmative aspect (independence in…) and we have divided it according to its base (formal and practical independence) and its subject (private and organizational independence).Then, we have found three major purposes and advantages for it: (a) watching society rights, (b) preserving judicial rights and, (c) securing individuals rights. Judicial independence joints with other legal bodies, it may mix with impartial of judge, or it may pose about persons like judge such as prosecutor and arbitrator. After all, judicial independence is not unrestrained, and in its impact scope, for securing aims which have been implied, faces with some limitations. Therefore, in addition to securing independence, there should be a system for judge responsibility which makes him to respond for his performances.