Jurisprudence

Jurisprudence

From Authority to Flexibility: A Sociological Analysis of the Transformation of Judicial Officials’ Powers in the Post-Revolution Era

Document Type : Original Article

Authors
1 PhD in Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran
3 Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran
Abstract
The presence of judicial authorities equipped with sufficient power and authority to effectively confront crimes and their perpetrators is a prerequisite for realizing the triad of order, security, and justice in society. Maintaining this strength and authority is a fundamental requirement of any society, as it makes realizing justice more feasible and prevents a decline in public trust in the fundamental power governing society. The evolution of judicial authority clearly demonstrates that with increasing distance from the early years of the Islamic Revolution, societal culture and consequently criminal laws in dealing with offenders and their punishments have gradually shifted in approach from punitiveness and harsh confrontation with crimes toward offender rehabilitation and assistance, a trend that continues to accelerate. This shift in approach has significantly reduced the authority of judicial officials in the face of the ever-increasing wave of crimes and offenders, introducing them to a vicious cycle known as “statisticalism,” from which they have yet to escape. This descriptive-analytical study examines the conditions in Iranian society following the Islamic Revolution and demonstrates that the decline of judicial authority cannot be attributed to a single factor; rather, the combination of three factors—the expansion of bureaucracy, the inclination of post-revolutionary governments toward freedom-oriented discourse, and changes in the perspectives of judicial leadership—are among the most important reasons that have played a fundamental role in weakening this authority.
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Volume 1, Issue 2 - Serial Number 2
September 2025
Pages 101-128

  • Receive Date 12 May 1404
  • Revise Date 22 September 1404
  • Accept Date 12 September 1404