عنوان مقاله [English]
Judges interpret the law in their position of dispute resolution and justice enforcement, and in this interpretation to achieve justice or righteousness, in some cases misunderstand the legislators’ intention. Therefore, they might examine variety of ways and this plurality because of the possibility of becoming the tyranny and oppression of judges and the loss of the rule of law is considered unpopular. However, the clause that connected judges to each other and ultimately leads to unity despite the plurality is not law or even interference of legislator, but it is their common sense of law and case events. Although common sense with the formulation of judge's interpretation causes coherence, but on the other hand, it links judges to the inherent feature of common sense that is plurality and maintaining the status quo. This connection can be in conflict with one of the ideals of judgment, named emancipation. But the role of the judge is not only disputing resolution that satisfy with the direct application of law and common sense. The judiciary always has the capacity to interpret law, custom and other legal rules to apply justice.
الف) فارسی و عربی