The intervention of the executive authority in the criminal judicial field (a comparative study)

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

It is recognized that the legal system must be based on justice, as justice is the basis of law and the most important element that the judiciary must be inspired by in its rulings, but it happens often in the work that the law includes unjust provisions that contradict the ideal of justice, and here individuals conflict two forces: the power of the state that imposes obedience to the law, and the moral power of reason that imposes obedience to the ideal of justice. So he tries to eliminate To achieve justice on the basis of the balance it establishes between the rights and fundamental freedoms of the individual, and between the preservation of the group's entity and providing it with its interest and necessary components, which achieves the objective of the law on the ground to confirm the independence of the judiciary,[1] so that the basis for the principle of separation of powers in States is the independence of the three powers (legislative, executive and judicial), each in its field of work, and the independence of the judiciary is closely linked to the principle of separation of powers.

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