Analyzing and Formulating the Structural Damages of the Judicial System of the Islamic Republic of Iran | ||
| مدیریت سازمانهای دولتی | ||
| Article 1, Volume 12, Issue 1 - Serial Number 45, January 2024, Pages 1-18 PDF (2.16 M) | ||
| Document Type: Exploratory | ||
| DOI: 10.30473/ipom.2024.69512.4905 | ||
| Authors | ||
| Fatemeh Rahmani* 1; Mahdi Abdolhamid2 | ||
| 1Ph.D., Department of Public Administration; Researcher of Statistics and Organizational Management Judiciary Research Institute, Tehran, Iran. | ||
| 2Assistant Professor, Department of Progress Engineering, Iran University of Science and Technology, Tehran, Iran. | ||
| Abstract | ||
| Structures and processes in any organization are the most important dimension, in other words, the software of organizations to perform their missions. The judiciary, with the serious mission of justice and the realization of justice in society, has complex and multidimensional structures and processes, and based on these structures and processes, it carries out this serious mission. In fact, it should be said that the effectiveness of the judiciary as a feedback loop of the country's governance system will have a direct impact on the overall efficiency of the system, and therefore continuous identification of damage to the structures and processes of the judiciary can improve the performance of the judiciary and consequently It will become the system of governing the country. The present study aimed to identify the structural damage of the judiciary; After studying the Judicial Transformation Document, and other related research in this field, and interviewing judges and experts, 83 structural injuries were counted and classified into 11 general categories. In the next step, using interpretive structural modeling and Mikmak analysis, they were prioritized and classified, and it was identified that the four disadvantages were the lack of specialized proceedings and the rules of procedure; Lack of relative transparency in litigation; Lack of appropriate mechanisms for feedback, learning and intelligence of the judiciary and weakness in the budgeting system and allocation of financial resources; Is one of the most effective structural damages in the judiciary and the lack of coherent process mechanisms to reduce delays, which is the most important issue in the judiciary, has been identified as one of the most effective damages that the judiciary must eliminate eleven damages at higher levels solving and thereby reduce trial delays. | ||
| Keywords | ||
| Pathology; Judiciary; Structure of the Judiciary; Judicial Processes; Laws and Regulations; Interpretive Structural Modeling | ||
| References | ||
|
Aslani, F., Tahmasbi, S., (2019). Bordbar N. Pathology of Human Resources in Health and Treatment Network Using the Three-dimensional Model. Health_Based Research, 5(1), 45-56. (In Persian) Barlow, D. H. (2005). Abnormal Psychology. Wads Worth,Belmont, CA. Creswell, J. W., & Creswell, J. D. (2017). Research design: Qualitative, quantitative, and mixed methods approaches. Sage publications. Epstein, J. I. (2001). Pathologists and the judicial process: how to avoid it. The American journal of surgical pathology, 25(4), 527-537. DOI: 10.1097/00000478-200104000-00014 Faisal, M. N., Banwet, D. K., & Shankar, R. (2006). Supply chain risk mitigation: modeling the enablers. Business Process Management Journal, 12(4), 535-552. https://doi.org/10.1108/14637150610678113 Gardner, J. A. (2010). New York's Inbred Judiciary: Pathologies of Nomination and Appointment of Court of Appeals Judges. Docket, 58, 15. Gorane, S. J., & Kant, R. (2014). Supply chain practices: study and framework for future development. International Journal of Logistics Systems and Management, 17(1), 83-103. DOI:10.1504/IJLSM.2014.057982 Handiyani, A., Yavari Bafghi, A.H., Abdinegad, S., & Azizi, S. (2018). Pathology of the interaction between the police and the judicial system in the process of criminal investigation. Intelligence and criminal research quarterly, 13(2), 185-208. (In Persian) Harrison, M. I, (2014). Diagnosing Organizations, Methods, Models, and Process, SoftWare. Harrison, M. I. (2005). Diagnosing organizations: Methods, models, and processes (Vol. 8). Sage. Hatch, Mary Jo (1997). Organization theory: Modern, Symbolic, and Postmodern Perspectives. Translated by Hasan Danaifard, Tehran: Mehraban Publications. (In Persian)
Jalali, R., Azar, A., & khosravani, F., (2016). Research in soft operations (problem structuring approaches). Tehran: Industrial Management Institute. (In Persian) Jarjandi Moghadam, R. (2019). Pathology of weak and ineffective judicial management in the prolongation of proceedings, around the judicial transformation document, 6th National Law Conference: challenges of judicial management and proceedings in the judiciary. (In persian) Kannan, G., Pokharel, S., & Kumar, P. S. (2009). A hybrid approach using ISM and fuzzy TOPSIS for the selection of reverse logistics provider. Resources, conservation and recycling, 54(1), 28-36. DOI: 10.1016/j.resconrec.2009.06.004 Kieżun, W. (2012). Patologia transformacji [Transformation pathology], Warsaw: Poltext sp. z o. Mintzberg, H. (1979). The structuring of organizations, Englewood Cliffs NJ: Prentice Hall. Okwuise, Y. (2022). organizational pathology: sources and control, https://www.researchgate.net/publication/365991031_ORGANIZATIONAL_PATHOLOGY_SOURCES_AND_CONTROL Panahi, B., & Farzaneh, S. (2016). Pathology of organizations in charge of tourism with the 7S model, the first international scientific-strategic conference on the development of tourism in the Islamic Republic of Iran, Jihad University Tourism Research Institute. (In Persain) Pasieczny, J. (2017). Organisational pathologies under conditions of economic downswing. Economics and Culture, 14(1), 21-30. DOI: 10.1515/jec-2017-0002 Ugochukwu, B. (2011). The pathology of judicialization: Politics, corruption and the courts in Nigeria. The Law and Development Review, 4(3), 59-87. https://doi.org/10.2202/1943-3867.1116 Warfield, J. W. (1974). Developing interconnected matrixes in structural modeling. IEEE Transcript on Systems, Men and Cybernetics, 4(1), 51-81. https://doi.org/10.1109/TSMC.1974.5408524 Zhang, J., Schmidt, K., & Li, H, (2016). An integrated diagnostic framework to manage organization sustainable growth: An empirical case. Sustainability, 8(4), 301. https://doi.org/10.3390/su8040301 | ||
|
Statistics Article View: 815 PDF Download: 914 |
||