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دور قضاة الأحكام في التطبيق العادل للقانون وفقا للدستور المغربي

العنوان بلغة أخرى: The Role of Sentencing Judges in the Fair Application of the Law in Accordance with the Moroccan Constitution
المصدر: مجلة المنارة للدراسات القانونية والإدارية
الناشر: رضوان العنبي
المؤلف الرئيسي: الغزواني، جواد (مؤلف)
المؤلف الرئيسي (الإنجليزية): Al-Ghazwani, Jawad
المجلد/العدد: ع51
محكمة: نعم
الدولة: المغرب
التاريخ الميلادي: 2023
الشهر: نوفمبر
الصفحات: 82 - 119
ISSN: 2028–876X
رقم MD: 1456140
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: EcoLink, IslamicInfo
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المستخلص: The concepts of law, justice, and justice are linked by more than one bond. The relationship between them is strong and interconnected, and each concept supports and complements the other in meanings, connotations, functions, and dimensions. Although justice has been referred from ancient times to the philosophical and value system of societies, the law and judiciary symbolize organization, control, and judgment of individual and collective actions and actions. Which would respect justice and ensure its achievement in reality, or disrupt it, and hinder its spread in the body of society and state institutions. Therefore, the link appears to be inseparable and direct between the three concepts above. The Constitution, as the highest law to regulate order in the state, contributes to providing conditions for achieving justice and its effect, and the judiciary, according to it, is a tool for controlling the law and enforcing respect for its application. It facilitates people’s feeling of reassurance about their rights and freedoms, that is, it generates confidence in the existence of justice in their political and civil lives. However, the correlation between law, judiciary, and justice does not prevent it from being systematically recognized that there is a procedural separation between the three concepts, which gives the judiciary the status of mediator between law and justice, and necessarily gives it a pivotal role in whether justice is realized or not. This is on the grounds that justice is the pillar of state authority, and the foundation of democracy that protects rights and freedoms, guarantees the supremacy of the law and the consolidation of the state of rights. Accordingly, the element that controls the trust that citizens and foreign partners place in a particular system of government, and which effectively contributes to economic development and social justice, is the sense of security and the firm belief that the law applies to everyone. That is, the rule of law is the basis for applying justice, as all people stand before it and are subject to its rulings, and there is no difference between one person and another, because the law is the sum of rules enacted by the state in order to organize and man-age the country’s affairs, and to establish systems and controls that apply to all people in their social relation-ships. In their relations with the state and the organization of civil, commercial and criminal matters, and in the application of this law, we find the judge who is considered the foundation and the supreme representative of justice.

ISSN: 2028–876X

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