Formal Justice, its Concept and Function

(An Analytical Study in Light of the law of Evidence)

Abstract

In writing this research, we have relied on an analytical approach to investigate the concept of apparent justice and its functions. After looking at and analyzing the articles of the applicable Iraqi Evidence Law, and after presenting and evaluating the jurisprudence opinions related to the subject of our research, we found that apparent justice means Make an effort to bring the judicial truth closer to the actual truth, but apparent justice does not mean the literal application of the law, but it requires the proper application of the law, by obliging the judge to investigate the facts, conduct a sophisticated interpretation of the law, and by facilitating routine in a way that protects the public interest. In addition, it requires applicants to comply with the provisions of law and the principle of good faith in presenting evidence. We therefore concluded that apparent justice is the commitment, as required by law, to the principles and legal rules established to establish the right, with the aim of revealing or accessing the truth. In order to maintain a balance between the necessity of stabilizing legal conditions and the requirements of apparent justice, we suggested that the formulation and codification of the evidence should be in a manner that takes into account the mental and logical constants on the one hand, and does not ignore the real developments on the other hand, that is, that the evidence is provided for example, but with controls that guarantee Not to compromise the right of the other antagonist.