سخن سردبیر
نویسنده
قاضی پیشین دیوانعالی کشور و سردبیر نشریه نقد و تحلیل آراء قضایی
چکیده
عنوان مقاله [English]
نویسنده [English]
There are several years that we discuss, in Iran, the issue of reviewing or critisism of courts judgements. The situation looks so critical that we have to convene the meetings to express the objections and to write the books on the matter.
Anyway, regardless of these circumstance, reviewing and analyzing court decisions is not only desirable but also necessary. Interpretations of courts decisions and jurisprudence are the basis for the natural evolution of legal knowledge. The courts enliven the so-called dry and soulless Acts of legislator in the body of cases. Law is not the only the Acts of legislator; Judicial practice and the practice of the courts are also sources of law. The courts are the testing ground for laws and their conformity with the realities of society, and of course this testing ground has its own rules, it is not a place of trial and error, nor a hotbed of dirt road desires and fantasies.