The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The role of legal principles on the judicial interpretation of laws

Authors
abbas joghataey 1
davood nassiran 2
reza abbasian 3
1 phd student of private law Abbas Joghatayee
2 najaf abbad university- Davod Nasiran Najafabady, Department of Private Law, assistant professor
3 najaf abbad university- Reza Abbasian, , Department of Private Law, assistant professor
Abstract
According to articles 3 of laws of civil procedure, judges are responsible for issuing verdicts according to legal principles when there is ambiguity or lack of law. In these laws at first, the concept of legal principles is not distinctive on the relationship with laws, the spirit of law, judicial decrees and jurisprudential rules. Second, there is not any standard for judges to distinguish legal principle from non-legal principle. Legal principles in spite of law and Islamic reliable sources and judicial decrees are not collected into a book; therefore, their performances are complicated and difficult. The main goal of this investigation is the recognition of legal principles as the   better standard for the interpretation of laws. Legal principles are representative of the community values that laws constitute according to it. So, legal principles are the best standard for comprehending law in this sense when the law is ambiguous, the legal principles are standards for interpretation of law and on the lack of law as the base for issuing verdicts on the courts. The judge must perform those legal principles that are as the best vindicator. The interpretation base on legal principles makes formation of uniform procedure on the courts. 
 
 
Keywords
Legal Principles
judicial interpretation
Spirit of Law
law territory
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