Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws

• Main Authors: Reza Najafi, Aliakbar Gorji, Ali Taghizadeh
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-04-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
• Subjects: supreme court judicial interpretation rights and freedoms legal judgment legal formalism
• Online Access: http://qjpl.atu.ac.ir/article_9980_9c8fddedf070d635f723c6810be54046.pdf

The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure. Yet the problem is how the approach and the interpretative method of the Supreme Court can lead to adjudication or hostility. According to the importance of the unity of interpretation and position of the precedent of the Supreme Court in judicial system, it seems that the Supreme Court has not been effective in interpretation and protecting rights and freedoms. The precedent of the Supreme Court shows that legal formalism and reliance on textualism and literal interpretation of the approach have not been completely dominant and prevalent by the Court and dynamic interpretation in some cases in line with the conditions of cases has been regarded by the Supreme Court. It is important to note that whenever the Court made use of such dynamic and purposeful interpretations, the results lead to adjudication.