What is the role of the judicial branch with origin and characteristics

Role of the judicial branch

The state is divided into three classic powers: Executive , Legislative and Judiciary. These three powers, exercised through different institutions, allow the State to develop, modify and apply laws; as well as executing various policies for the benefit of the nation. In this article we will let you know What is the role of the judicial branch?

The Judicial Power is in charge of granting Justice in society . It is one of the main functions of the state, which has the power to apply legal norms and principles to resolve conflicts.

What is the Judicial Branch

It can be defined as the power of the State to administer justice through the proper application of the laws . The denominative judicial power is written with capital initials to refer to the bodies and institutions that are in charge of applying the legal norms, be they courts and tribunals.

The term power refers to the institution, organization or group of state bodies that carry out judicial functions . In the particular case of the Judicial Power, these are the courts and tribunals , which execute the jurisdictional authority and enjoy autonomy, impartiality and complete power within the framework of the law.

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Origin of the Judiciary

Charles Louis de Secondat was a political thinker who came to be known as Montesquieu . He was the author of classical theory , one of the most influential enlightenment legacies . According to this theory, the division of powers ensures the freedom of citizens.

Montesquieu develops his theory after making a trip to England, where he interprets that the presence of an independent judiciary is an effective brake on the executive power . With this separation of powers, the well-known rule of law comes to light, where public powers have been subordinated to the rule of law. Thus was born the judicial power as the one in charge of moderating the actions of the executive power according to the laws that the legislative power establishes.

Who represents the Judicial Power

The highest representative of the judiciary is the Supreme Court of Justice . The main function of this court is to ensure the constitutionality and legibility of the acts that the Public Power carries out. It bases its exercise on the Constitution and the laws. It has administrative, functional and financial autonomy. It is made up of various chambers , including: constitutional, criminal, electoral and social. Each of these chambers are made up of magistrates .

Role of the Judiciary

The functions of the judiciary , as it happens with the other powers, are governed by what the Constitution maintains , in charge of gathering the elementary norms that regulate the activities of the State. Based on these norms, the State fulfills the functions of:

  • Sort out
  • Protect citizen rights.
  • It enforces the responsibilities and obligations that correspond to each part of society.

The powers possessed by the Judicial Power allow it to protect citizens from eventual injustices at the hands of the Executive Power or the Legislative Power . If the highest representative of the Executive Power, the president of the country, commits arbitrariness, abuses power or violates citizens’ rights; the Judicial Power resorts to protecting the interests of the people using various resources . In the event that it is an official of the Judicial Power who acts badly, it is the Legislative Power that has the power to expose their actions in a political trial.

Characteristics of the Judiciary

The outstanding characteristics of the Judiciary are summarized below:

  • It is necessary for the judiciary to be independent so that it can submit to the rest of the powers, especially the executive, if they try to contravene the legal system.
  • The operation of this power is permanent .
  • The organs that constitute it are stable and functions that have can not be delegated .
  • It does not have the power of ex officio action , that is, a judicial proceeding cannot be initiated without the action of the interested party.
  • It acts at the request of the party , who is interested in demanding the performance of this power.
  • It does not act on what the law supports but according to its content.
  • Its members carry out their functions under the principle of jurisprudence .
  • It should be responsible for making effective the idea of ​​law as a regulatory factor of society.
  • The autonomy of the judiciary in a democratic system guarantees impartiality in rulings.

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The jurisprudence of the Judicial Power

A concept that is closely linked to the Judiciary is the principle of jurisprudence. It represents the set of decisions that the courts take in relation to a given matter . The analysis of the jurisprudence allows us to know the interpretation that the legal magistrates have given to each of the cases, becoming a basic element of the unifying principle.

The unifying principle of jurisprudence implies the search for a relationship and coherence between the different interpretations that judges have had on the same matter. Who applies the jurisprudence is the Supreme Court of Justice. This doctrine requires knowledge of past events in order to decide the way forward and actions in the present. It is possible to apply jurisprudence by studying past judgments and thus determining the best way to apply the laws.

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