Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The Philosophy and Methodology of Judicial Decision Critique: Examining Its Foundations, Principles, Techniques, and Functions in Advancing Judicial Justice

Document Type : Original Article

Author

Associate Professor of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract
A judicial decision, as the final product of the adjudication process, is not merely a determination resolving a dispute between the parties; it also reflects the official interpretation of law, the exercise of public authority, the realization of justice, and the development of judicial practice. The quality of judicial decisions, particularly in terms of reasoning, legal justification, compliance with fair trial principles, logical coherence, and social implications, is therefore essential to the legitimacy of the justice system. However, judicial decisions, as human and interpretive determinations, may contain errors, ambiguity, inadequate reasoning, or misinterpretations of law. This article employs a descriptive-analytical methodology based on library sources, legislation, principles of fair trial, legal doctrine, procedural institutions, and comparative materials to examine the philosophy, foundations, principles, techniques, and functions of judicial decision critique. The findings indicate that systematic and scholarly critique, when grounded in impartiality, verifiability, confidentiality, and respect for judicial authority, can improve judicial reasoning, transparency, consistency, and public confidence. The study concludes that institutionalising a culture of principled judicial decision critique can contribute significantly to improving the quality of adjudication, refining judicial practice, and strengthening judicial justice.

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Volume 2
Commemorative Volume Honoring His Excellency The Judge Hassan Ghaffarpour Maraghi President of 3rd Branch of the Supreme Court, Iran

  • Receive Date 14 September 2026
  • Accept Date 25 September 2026
  • Publish Date 25 September 2026