The Role Of Judicial Interpretation In Judicial Provision; Analysis of leadership's judicial thought

In Article 73 of the Constitution, the judges are allowed to interpret the laws in their position as judges of the law, and the necessity and nature of the judicial work is to interpret the laws in favor of the realization of justice, and in practice, judges cannot be prohibited from interpreting, but as the interpretation Good laws will turn dry laws into a tool for vindicating the rights of the oppressed, the possibility of turning judicial interpretation into a tool for judges to apply the law to their own taste and interfering with personal interests in the way the law is applied to the subject matter of the case is not far from the mind. to establish But as stated, in any case, it cannot prevent the interpretation of the judges. At different times, the Supreme Leader has addressed the need for judges to observe the rule of law and even advised not to use the knowledge of the judge and to be limited to vision, faith, and the ways of the Sharia. His Holiness, it is a story of his solid logic in the need to use the interpretive capacity of laws where it leads to the right of the weak. In this article, after explaining the related concepts and expressing the views of thinkers such as Hart and Durkin, the current state of the laws and the current procedures of the courts in the judges' interpretation of the laws have been criticized and by reviewing the statements and documents communicated by the Supreme Leader, their views have been analyzed. Regarding the possibility of judges' interpretation of laws, it has been discussed.