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Power Relations and Judicial Corruption in the Islamic Republic of Iran

Mehdi Khosravi

In order to understand the political structure and stability in the Islamic Republic of Iran, the nature of the Islamic judicial system in the country must be analysed. This book undertakes this responsibility and is the first comprehensive study of structurally deep-rooted corruption in the Islamic judiciary system. The findings of this research show that corruption in the judiciary is widespread in breadth and depth. This corruption has infiltrated every sector of the Islamic regime to the point where it impacts the day-to-day routine of the Iranian people.

Without a doubt, the influence of the Supreme Leader on the judiciary is the most prominent factor in the formation of judicial corruption and its epidemical spread to other parts of the government. This judicial corruption has calamitous consequences on Iranian society and has endangered society’s security. It has infringed on human rights, caused a dwindling economy, devalued the rule of law, and delayed social progress in the country.

This book will be of interest to students of legal studies, political science, Islamic studies, sociology, or religious studies. The book also provides precious insights for journalists, civil service employees, decision-makers, and all of those who are interested in discovering the reason for brutality in the Islamic judiciary. The book also provides useful information for the learned societies and research centres that are concentrated on Iranian studies, criminology, good governance, rule of law, and criminal justice systems.

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Chapter 2: Literature Review

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2

Literature Review

Judicial corruption is like an iceberg. Since people for several reasons, such as threat to their lives, do not report it, the real volume of this phenomenon is not revealed. This is the situation in certain developing countries where a lack of democracy, transparency, the absence of free media, and the clientelist state prevent the disclosure of corruption. The 2019 Global Corruption Barometer by Transparency International reported that in some jurisdictions, 8% of the people who had been in contact with the courts reported that they had paid a bribe to receive a positive judgement.

In this chapter, first a general introduction to existing literature on corruption, the rule of law and good governance will be discussed in order to highlight possible areas of contribution for this thesis. Then, theories frequently used for describing corruption will be presented.

It must be noted that corruption in the judicial system is a complex phenomenon with multiple aspects affecting it. To identify them, this subject must be viewed from various angles. For this reason, the section relating to reviewed research is longer than is common, and necessary efforts have been made to analyse the subject of judicial corruption from different perspectives.

It is also noteworthy that the identification and scientific analysis of white-collar crime is not an easy task. Newburn (2013) argues that white-collar crimes ←15 | 16→have not received enough attention for the following reasons: (i) media attention to...

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