The principles and rules of procedural law are linked; the procedural rules as shell-guard of procedural principles

Document Type : Research Paper

Author

Department of Private and Islamic Law , Faculty of Law and Political Science, University of Tehran

10.22099/jls.2023.41102.4447

Abstract

The distinction between procedural legal principles and procedural rules and techniques is one of the famous arguments in Iranian law. The argument may be astonishing for lawyers of different background. It comes from some statutory provisions authorizing the court to ignore the procedural rules in reviewing the case but at the same time to comply strictly with the procedural principles. In this essay, after introducing of the concepts of both rules and principles of procedural law, the idea of distinction between them is examined in terms of possibility or otherwise feasibility of simultaneous withdrawal of rules and compliance with principles.

Keywords

References

  1. Cadiet, Loic, Sep (2010) Introduction to French Civil Justice System and Civil Procedure Law, lectures given at Ritsumeikan University, Kyoto.
  1. Habscheid, WJ. (1984) “The Fundamental Principles of the Law of Civil Procedure”, The Comparative and International Law Journal of Southern Africa, Vol. 17, No.01, pp.1-31, available at: jstor.org/stable/23246919. Accessed 18 June 2021.
  1. Holmes, Oliver Wendell Jr., 1955 reprinted (2012) The Path of Law, Martino Fine Books.
  2. Rawls, John (1999) A Theory of Justice, Harward University Press.

ج. فرانسوی

  1. Clermont, Kevin M. (2016) Civil Procedure 's Five Big Ideas, Cornell University Law School Publication.
  1. Cornu, Gerard (1991) Les principes directeurs du process civil par eux-meme, Etudes offertes a Pierre Bellet, Paris, Litec, (Lexis-Nexis)

 

 

 

 

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