The Principle of Procedural Honesty in Latin and Anglo-Saxon Legislations (A Comparative Study).
DOI:
https://doi.org/10.65263/ektcqf54Keywords:
honesty, procedural, Latin, Anglo-SaxonAbstract
This research aims to shed light on the principle of procedural integrity as one of the fundamental principles that ensures the integrity and effectiveness of judicial procedures and strengthens the parties' confidence in the justice system. The research is divided into two main sections: The first section addresses the concept of procedural integrity by reviewing various jurisprudential and judicial definitions, and by explaining its legislative and philosophical roots. In this context, the ethical and legal basis of this principle is highlighted, as an extension of the principle of good faith in legal relations, and a source of commitment to fair and balanced conduct during the course of a lawsuit. The second section is devoted to examining the position of legislation on the principle of procedural integrity, addressing how this principle has been adopted in each of the Latin systems, which tend toward strict legal regulation and formal procedures. and the Anglo-Saxon systems, which rely more heavily on case law and court discretion. Comparative analysis has revealed differences in style and unity in substance, as both schools seek to uphold procedural integrity as a prerequisite for achieving justice and protecting the principle of equality between adversaries. In conclusion, the study concluded that this principle must be strengthened in all legal systems, considered one of the pillars of a fair trial, and called for its codification more clearly within contemporary procedural legislation.
References
First: Legal Books
1. Asaad Fadel Mandeel Al-Jayash and Ahmed Mushtaq Talib Al-Tamimi, The Principle of Honesty in Judicial Procedures, Hatrik, Erbil, Iraq, 2024.
2. Dr. Ibrahim Najib Al-Saad, Private Judicial Law, Part One, 1st Edition, Mansha'at Al-Ma'arif, Cairo, Egypt, 1980.
3. Dr. Ahmed Ibrahim Abdel-Tawab, The General Theory of Procedural Rights, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2013.
4. Dr. Ahmed El-Sayed El-Sawy, The Intermediate Guide to the Law of Civil and Commercial Procedure, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2000.
5. Dr. Ahmed Khalifa Sharqawi, Procedural Honesty of the Opponent in Litigation, Al-Wafaa Legal Library, Alexandria, Egypt, 2018.
6. Dr. El-Sayed El-Araby Hassan, Justice and Equity in Philosophical Theories and Legal Reality, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2000.
7. Dr. Ramzi Sweif, The Mediator in Explaining the Civil and Commercial Procedure Law, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, no publication year given.
8. Dr. Saeed Al-Sadiq, The Legal Approach in the United States of America and the Arab Republic of Egypt, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 1977.
9. Dr. Sayed Ahmed Mahmoud, Litigation by Case and Without Case, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, no publication year given.
10. Dr. Tariq Ibrahim Al-Desouki, Procedural Honesty in Criminal Cases, Dar Al-Jami’a Al-Jadeed, Alexandria, Egypt, 2024.
11. Dr. Taha Awad Ghazi, Philosophy and History of Legal and Social Systems (The Origin and Development of Law), Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 1998.
12. Dr. Fathi Wali and Dr. Ahmed Maher Zaghloul, The Theory of Nullity in the Procedure Law, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 1997.
13. Dr. Fathi Wali, The Mediator in Civil Procedure Law, Part One, Dar Al-Nahda Al-Arabiya, Egypt, 2001.
14. Dr. Fathi Wali, The Mediator in Civil Procedure Law, Part One, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2001.
15. Dr. Muhammad Abd Al-Nabi Al-Sayed Ghanem, Exploration in Civil Matters, Sadat City University Press, 2020.
16. Dr. Muhammad Abd Al-Nabi Al-Sayed Ghanem, Exploration in Civil Matters, Sadat City University Press, 2020.
17. Dr. Wagdi Ragheb, Principles of Civil Litigation, 1st ed., Dar Al-Fikr Al-Arabi, Egypt, no publication date given.
18. Dr. Wagdi Ragheb, Principles of Civil Procedure, 3rd ed., Dar Al-Fikr Al-Qanuni, Cairo, Egypt, 2001.
19. Robert A. Karp and Ronald Stidham, Judicial Proceedings in America, translated by Dr. Ola Abu Zeid, Egyptian Society for the Dissemination of Knowledge and Global Culture, Cairo, Egypt, 1997.
20. Judge Ahmed Safwat, The Judicial System in England, Dar Al-Muayyad, Cairo, Egypt, no publication date given.
Second: University Theses
1. Ibrahim Amin Al-Nafiawi, The Liability of the Opponent for Procedures, PhD dissertation submitted to Ain Shams University - Faculty of Law, 1989, p. 101.
2. Dr. Mahmoud Muhammad Al-Hajrasi, Procedural Integrity in Litigation and Enforcement, PhD dissertation submitted to Ain Shams University - Faculty of Law, 2022.
Third: Research Papers
1. Dr. Hussam Ahmed Muhammad Subhi Al-Attar, Procedural Integrity, research paper published in the Journal of Legal and Economic Sciences, Volume 2, Issue 2, 2014.
2. Dr. Asim Hakim Abbas Al-Jubouri and Dr. Hakim Fneikh Ali Al-Khafaji, Characteristics of the American Judicial System and Justifications for the Formation of the Supreme Court, research paper published in the Journal of the Babylon Center for Humanistic Studies, Volume 7, Issue 1, 2017.
3. Dr. Abdullah Khalil Hussein Al-Farra, "The Legislative Treatment of the Litigant's Position in Palestinian Laws," Journal of the Islamic University for Economic and Administrative Studies, Issue 2, Volume 20, Palestine, June and Rajab 2012.
Fourth: Arab Laws
1. The Iraqi Lawyers' Law No. 173 of 1965.
2. The Iraqi Civil Procedure Law No. 83 of 1969.
3. The Iraqi Evidence Law No. 107 of 1979.
Fifth: English Laws
1. American Constitution
2. Rules of Civil Procedure
3. Magna Carta 1215
4. The French Constitution of 1958
5. Civil Rights Act of 1964 – 42 U.S.C.
6. Code of Civil Procedure
7. Federal Rules of Civil Procedure
8. The Amended French Code of Criminal Procedure Sixth: Unpublished Judicial Decisions
1. Federal Court of Cassation Decision No. (8449/Civil Panel/2022) dated 19/10/2022 (unpublished).
Seventh: Foreign Sources
1. M.R. Boursier, Le principe de loyaute en droit processuel, Nouvelle bibliotheque de theses, Dalloz, 2004, p. 30. Available at https://www.lgdj.fr/le-principe-de-loyaute-en-droit-processuel-9782247051946 (Visited).
2. Enrico Liebman, Manuale diritto processuale civile, 8th ed., Giuffre, Milan, 2012.
3. Bethe Walston-Dunham, Introduction to Law, Fremont, Nebraska, Third Edition. 4. Motulsky: “The subject matter and the action in justice”, Etudes and Notes of Civil Procedure, 1973.
5. Samia Zumout, English-Arabic Legal Glossary, Superior Court of California, County of Sacramento, June 22, 200
6. Odgers: Principles of Pleading and Practice in Civil Procedures in the High Court of Justice, (Eighteenth Edition), London, 1963.
7. Jean-claude woog, the resistance injustifiée to the execution of the droii.
8. Maeva Marcus, The Documentary History of the Supreme Court of the United States, Vol.1, published by Columbla University Press, Benjamin F. Wright.
9. Wayne Lyman Morse, A Survey of the Grand Jury System, Columbia University Press, Columbia, 1987.
10. SHANNON KATHLEEN O BYRNE, the implied term of good faith and fair dealing, London, 2007.
11. W. TETLEY, Good faith in contract, particularly in the contracts of arbitration and chartering, 2004.
12. D.FRIEDMANN, Good faith and fault in Contract Law
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