23October2014

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SRCC

Restructuring Judicial System in Future Syria

Publication Date: 11 April 2012
  • Author: Michal Shammas, Esq.

This policy research proposes a set of policy recommendations to the transitional government in Syria to guide the judicial apparatus in the proper direction towards a comprehensive reform.

The subject matter of this policy paper is that of systematic policies for the radical reform of the judiciary in Syria, in order to promote the success of the historic process of change underway in the country. The Syrian people are driving this process in the direction of the establishment of a democratic civil state. The study reviews the most significant obstacles hindering Syria's judiciary, commencing with the numerousness of the bodies exercising justice, the intervention in its affairs, the weakness of its neutrality, the absence of respect for its decisions and the backward nature of laws which erect a stumbling block before the judiciary with regards to the exercising of its role in realising justice, preserving stability and social peace, and absorbing societal tensions.

This study proposes a set of policies which the transitional government must follow if it is to guide the judicial apparatus in the proper direction towards a comprehensive reform that guarantees its actual and practical independence from the executive and legislative authorities. It stresses that judicial oversight of the actions of the legislature and executive plays an important role in protecting individuals and groups from arbitrariness and abuses, in reducing transgressions, and in providing justice as a guarantee of truth on the basis of equality. It is widely accepted that the independence and neutrality of the judiciary constitute both a fundamental indicator of a sound climate for economic growth and a spur for the promotion of investment.



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