Document Type : Research Article

Authors

• Mohammad Kazem Khani Sanichi ¹
• hadi azimi garekani ²
• majid vaziri ³

¹ Azad Univercity

² academic staff member

³ Academic Staff Member

Abstract

Judicial independence and tort liability arising from judicial error may, at first glance, appear to pursue conflicting objectives. The former protects judges from external pressures, while the latter seeks accountability and compensation for damages. However, reducing this relationship to a simple conflict obscures the mechanism developed in Imamiyyah jurisprudence and Iranian law to reconcile these values. This study examines how the relationship between judicial independence and tort liability can be defined so that liability serves not as a threat to judicial independence but as a safeguard for it.



Using a descriptive-analytical method, and unlike many previous studies that rely on general liability doctrines such as causation and destruction, this research focuses on the rules governing the judicial institution. The findings indicate that the differentiated liability system recognized in Imamiyyah jurisprudence and Article 171 of the Constitution of the Islamic Republic of Iran creates a protected sphere for judges by assigning compensation for non-negligent judicial errors to the public treasury (Bayt al-Mal). This mechanism removes concerns about the financial consequences of inadvertent mistakes and enables judges to decide cases with greater independence. Nevertheless, its implementation is challenged by ambiguities in distinguishing fault from error. To address this issue, the article proposes a three-part analytical model based on the conduct of a reasonably prudent judge. The model consists of three criteria: deviation from professional knowledge, deviation from legal requirements, and deviation from procedural justice. It aims to clarify the boundary between legitimate judicial independence and accountability and to promote consistency in practice.

Keywords

• Judicial Independence
• Judicial Error
• Judges'
• Tort Liability
• Compensation for Damages
• Article 171 of the Constitution

Main Subjects

• Jurisprudence & Law