Legal Foundations of the Independence of the Legal Profession in Iran and England

Abstract

The independence of the legal profession means that all matters related to the diverse executive policies of the legal community (the Bar Association) are carried out by its members without interference from others. This study, conducted in a descriptive-analytical manner with a comparative approach, aims to explore the legal foundations of this concept in the legal systems of Iran and England. The study relies on library resources to collect data. It argues that the basis of professional independence for lawyers in the legal systems of Iran and England, unlike the independence of the judicial branch which is based on the principle of separation of powers, is the oversight of an independent civil society organization over the proper implementation of the law within the judiciary, ensuring the right to a defense and upholding the rule of law. Therefore, a lawyer should not be appointed by the legislative or executive branches, as such appointment may lead to the interference of these branches in the independent judiciary, which is not permissible in accordance with Article 57 of the Constitution. On the other hand, if a lawyer is appointed by the judiciary, their role of defending the rights and interests of their clients and striving to achieve a balance in the rule of law and its enforcement undermines the independence of the judge. The notion of independence does not absolve the lawyer of accountability; if they commit an error, the relevant regulations and provisions regarding civil, disciplinary, and criminal liability will apply, thereby moderating this independence.

Keywords

• independence of the legal profession
• iranian law
• english law
• bar association
• foundations of lawyer's independence