Judiciary

Judiciary is a branch of government that interprets and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case.

Structure

The judiciary is often tasked with ensuring equal justice under law. This usually requires a judiciary to be separate from the executive and the legislature, as it is in many countries. In some countries, however, the judiciary is not completely independent of the legislature, and it often has significant influence over the legislative branch.

Functions

The judiciary's main role is to interpret and apply the law. This includes resolving disputes between the state and individuals, between individuals, and between different levels of government within the state. If a dispute arises about the application or interpretation of the law, the judiciary resolves the dispute.

Judicial review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution.

Judicial independence

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests.

See also

• Law
• Legislature
• Executive (government)
• Separation of powers
• Constitution

Judiciary Resources
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