THE METHODOLOGY OF APPLYING THE PRINCIPLES OF FAIRNESS IN HEARING: A REVIEW OF PAST AND PRESENT APPROACHES

Namdar Babaei

Abstract


The nature of applying fairness in hearing is not the same in different societies. In islamic societies, fairness is part of the spiritual character in a person. In religious contexts, there is a close relationship between fairness and ethics. But, in European and American law and other sciences, the concept of fairness has focused on the structure of the process, which consists of two parts: the stages of the process and the degrees of the process. In Islamic societies, the rules are originated from the divine source; however, in other societies, they are based on the human decisions that are adopted by the competent authorities. Also, there is no matter what these rules are opposite of the religious rules, and the judge is not obliged to consider them. If the rules are violated in the religious societies, the qualified judge tries to repeal them, rather than ordering these rules.

Keywords


Fair; Hearing; European human rights; Islamic jurisprudence; Method; Principle; Rule

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