فلسفة القضاء المتخصص : (محكمة اليوم الواحد نموذجا)‎-دراسة مقارنة

Abstract EN

The application of each law raises disputes or disputes between the parties to the legal relationship, and with the emergence of different types of disputes, we expect to inflict many cases and lawsuits on one organizational structure and it is a matter that raises many problems representing the fatigue of the judiciary, the length of the dispute period, inaccuracy and precaution What is required when issuing solutions to these disputes, which leads countries to adopt an important principle in their constitutions is the specialization of the judiciary, Judicial specialization has a specific concept, namely, allocating a court to each similar class of disputes, and this means that the court and its specialization does not mean that it is a special or exceptional court, and this specialization has great practical importance for the judiciary itself and for the litigants, The laws have varied in the past regarding every type of life activity, including a civil law for transactions and civil obligations, another commercial for commercial activities and a law for work, and another regulating personal status to other laws that represent a direct contact with a person's behavior with other people in Society, this is not the laws that represent and govern a person's relationship with the state and the state's relationship with other states.

Which requires diversity in the court, to which various disputes are brought before, the diversity of modern and constantly renewed transactions to suit the development in the type of these disputes, and this diversity, if it exists in the Arab countries, is not studied and does not achieve the philosophy of specialization that the laws aim in general.

The study deals with in the first topic: the concept of the specialized judiciary, through two requirements we talk in the first of them about its definition and clarify the types of specialized courts and in the second demand we show what distinguishes it from other courts that have been known to some countries and specialized in looking at a special type of lawsuits, and we also allocate a demand Third to demonstrate the importance of the specialized judiciary in relation to the judges in the first branch and in relation to justice in the second branch.

As for the second topic, we will show the one-day court as a model for the specialized judiciary by dividing it by three demands, in the first of which we show the concept of the one-day court through the two branches we define in the first definition and in the second distinguishing it from the urgent judiciary.

As for the second requirement, we will clarify the competencies of the one-day court, and clarify the legal requirements necessary to create a one-day court, knowing that this court does not exist, not within the Iraqi, Egyptian or Saudi judicial system.

The study came out with a set of proposals that, if the philosophy of the specialized judiciary is achieved through achieving its goals and reaching its essence, we say that it is necessary to start the judicial institution in each country with scientific development through workshops and subject the judges to specialized courses in a type of cases and obligate them to submit legal studies Practicality finds solutions to the complex of difficulties and problems that prevent this specialization.

Likewise, it is necessary to start preparing a package of legislative reforms that support the specialized judiciary and serve as the legal infrastructure for this global trend consistent with the ongoing rapid developments in the world.

Also, some texts of laws related to electronic judicial procedures must be approved for the diversity of electronic and civil commercial transactions and for the individual's need to enter into such transactions in order for these laws to be the nucleus of development for the Iraqi judicial system.

Finally, the one-day court is a requirement imposed by the global constitutional principles and human rights conventions related to the achievement of justice and the right to litigate, and the simplification of these litigation procedures.

Likewise, because of its economic benefit for the individual and the state through supporting and developing the tools of the national economy in general, because the presence of a judicial authority that specializes in considering cases of small and medium enterprises and claims for workers' wages, as well as some types of lawsuits related to performance orders, raises a weight from the judiciary from one side and achieves speed in Resolving cases as well as contributing to the preparation of judges specialized in the consideration of this type of cases, which contributes to achieving full justice for litigants.