Ayeen Alavi

Ayeen Alavi

Legal requirements for ensuring judicial independence in light of the Alavi tradition; formulation of the theory of "equal justice" in judgment

Document Type : research article

Author
Department of International Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran
10.22034/aeena.2026.2093.1030
Abstract
Judicial independence, in contemporary public law, is more related to the capacity of courts to adjudicate impartially and equitably before litigants than to the organizational status of the judiciary. The Alavi biography contains a treasure trove of precise teachings on "equality in judgment"; teachings that, if they go beyond the textual and moral horizon, have the potential to be formulated as an independent normative theory to explain judicial independence. Using the method of "text-based normative reconstruction", the present article first analyzes the letters and judicial reports quoted from Amir al-Mu'minin Ali (AS) in terms of their legal implications on the independence and impartiality of the court. It then reformulates and compares these implications in light of contemporary public law literature on judicial independence, fair trial, and court impartiality. The main finding of the research is that a theory called "equal justice" can be extracted from the Alavi tradition, in which judicial independence is understood not simply as an institutional separation from other powers, but as the court's commitment to four normative pillars: Formal equality between the parties to the lawsuit, prohibition of any preference based on power and social status, equality in the possibility of defending and being heard .
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Articles in Press, Accepted Manuscript
Available Online from 27 April 2026

  • Receive Date 27 December 2025
  • Accept Date 27 April 2026