Judiciary
In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes.
The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly.
Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law.
- In common law jurisdictions, case law is created by the courts' interpretations as a result of the principle of stare decisis;
- In civil law jurisdictions, courts interpret the law, but are, at least in theory, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged; in practice, jurisprudence plays the same role as case law;
- In socialist law, the primary responsibility for interpreting the law belongs to the legislature.
This difference can be seen by comparing India, United States, France and the People's Republic of China:
- In Indian democracy, courts have the final say until the constitution itself is amended although a supreme court judgement in 1970's ruled that Parliament doesn't have the authority to change the basic structure of Indian constitution.
- in the United States government, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it;
- in France, the final authority on the interpretation of the law is the Conseil d'État for administrative cases, and the Court of Cassation for civil and criminal cases;
- and in the PRC, the final authority on the interpretation of the law is the National People's Congress.
- Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority but criminal cases have four stages, one more than civil law.
Differences between civil, socialist and common law
The idea found in civil and socialist law that the judiciary does not interpret the law in creative ways has its origins in Roman law. It is said that the famed Byzantine Emperor Justinian had the Corpus Juris Civilis compiled and all other decisions by jurists burned to create certainty in the law. Again in the 19th century, French legal scholars at the time of the development of the Code Napoleon advocated the same kind of approach — it was believed that since the law was being written down precisely, it should not need interpretation; and if it did need interpretation, it could be referred to those who wrote the code. Napoleon, who was an advocate of this approach felt that the task of interpreting the law should be left with the elected legislature, not with unelected judges. This contrasted with the pre-revolutionary situation in France, where unelected 'parlements' defending the interests of the high bourgeoisie would often slow the enforcement of royal decisions, including much needed reforms.
However, this idea was found difficult to implement in practice. In France, along with other countries that Napoleon had conquered, or where there was a reception of the Civil Code approach, judges once again assumed an important role, like their English counterparts. In civil law jurisdictions at present, judges interpret the law to about the same extent as in common law jurisdictions – though it may be acknowledged in theory in a different manner than in the common law tradition which directly recognizes the limited power of judges to make law. For instance, in France, the jurisprudence constante of the Cour de cassation or the Conseil d'État is equivalent in practice with case law.
In theory, in the French civil law tradition, a judge does not make new law; he or she merely interprets the intents of "the Legislator." The role of interpretation is traditionally approached more conservatively in civil law jurisdictions than in common law jurisdictions. When the law fails to deal with a situation, doctrinal writers and not judges call for legislative reform, though these legal scholars sometimes influence judicial decisionmaking. Civil law judges also refer to the interpretation of codal provisions and they look for an underlying rationale not only in the particular text, but its relationship to the whole structure of the code as an organizing structure that reflects order in a civil society.
Socialist law adopted the status of civil law, but added to it a new line of thought derived from Communism — the interpretation of the law is ultimately political, and should serve the purposes of Communism, and hence should not be left to a non-political organ (even though in practice, the judiciary was never much of a neutral organ above politics).
See also
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Consent of the governed" is a political theory stating that a government's legitimacy and moral right to use state power is, or ought to be, derived from the people or society over which that power is exercised.
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politics by country is available for every
country, including both
de jure and
de facto independent states, inhabited dependent territories, as well as areas of special sovereignty.
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Please help [ improve this article] by keeping only reliable sources that directly support claims in the article. (, )
Wikipedia is not a . This article has been tagged since August 2007.
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Political history is the narrative and analysis of political events, ideas, movements, and leaders.
[1] It is usually structured around the nation state.
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Political science is a branch of social science concerned with theory, description, analysis and prediction of political behavior, political systems and politics broadly-construed.
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International relations, a branch of political science, is the study of foreign affairs and global issues among states within the international system, including the roles of states, inter-governmental organizations (IGOs), non-governmental organizations (NGOs), and
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International relations theory attempts to provide a conceptual model upon which international relations can be analyzed. Each theory is reductive and essentialist to different degrees, relying on different sets of assumptions respectively.
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Comparative politics is a subfield of political science, characterized by an empirical approach based on the
comparative method. In fact, comparative politics does not have a
substantive focus in itself, but rather a
..... Click the link for more information. Public Administration can be broadly described as the development, implementation and study of government policy. Public Administration is linked to pursuing the public good by enhancing civil society and social justice.
..... Click the link for more information. Bureaucracy is the structure and set of regulations in place to control activity, usually in large organizations and government. It is characterized by standardized procedure (rule-following), formal division of responsibility, hierarchy, and impersonal relationships.
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Street-level bureaucracy is a term used to refer to a public agency employee who actually performs the actions that implement laws.
Street-level bureaucrats
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[1][2], is a model for the governance of democratic states. The model is also known as
Trias Politica.
..... Click the link for more information. In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. In many countries, it is referred to simply as the government, but this usage can be confusing in an international context.
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A legislature is a type of representative deliberative assembly with the power to adopt laws.
Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings.
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..... Click the link for more information. An election is a decision making process where people choose people to hold official offices. This is the usual mechanism by which modern democracy fills offices in the legislature, sometimes in the executive and judiciary, and for regional and local government.
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VotingPart of a series of articles
on Politics and Elections
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- Ballot stuffing
- Early voting
- Election Day Registration
- Election threshold
- Elector
- None of the above
..... Click the link for more information. Voting is a method of decision making wherein a group such as a meeting or an electorate attempts to gauge its opinion—usually as a final step following discussions or debates.
Voting is used in two different ways.
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form of government is a term that refers to the set of political institutions by which a state is organized in order to exert its powers over a political community.[1] Synonyms include "regime type" and "system of government".
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An
ideology is an organized collection of ideas. The word
ideology was coined by Count Antoine Destutt de Tracy in the late 18th century to define a "science of ideas.
..... Click the link for more information. political campaign is an organized effort which to influence the decision making process within a specific group. In democracies, political campaigns often refer to electoral campaigns, wherein representatives are chosen or referenda are decided.
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political party is a political organization that seeks to attain political power within a government, usually by participating in electoral campaigns. Parties often espouse a certain ideology and vision, but may also represent a coalition among disparate interests.
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LAW may refer to:
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- Palestinian Society for the Protection of Human Rights (also known as LAW)
- League of American Bicyclists, formerly known as the League of American Wheelmen
..... Click the link for more information. court is a public forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws. In common law and civil law states, courts are the central means for dispute resolution, and it is generally understood that all
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