The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes . In some nations, under doctrines of separation of powers, the judiciary generally does not make 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. In other nations, the judiciary can make law, known as common law, by setting precedent for other judges to follow, as opposed to statutory law made by the legislature. The Judiciary is often tasked with ensuring equal justice among citizen.
In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power, may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. For a people to establish and keep the ‘Rule of Law’ as the operative norm in social constructs great care must be taken in the election and/or appointment of unbiased and thoughtful legal scholars whose loyalty to an oath of office is without reproach. If law is to govern and find acceptance generally courts must exercise fidelity to justice which means affording those subject to its jurisdictional scope the greatest presumption of inherent cultural relevance within this framework.
Judiciary is a constitutional authority that is vested with the powers/jurisdiction of deciding all the constitutional and legal controversies/issues that may arise between different legal entities. Government, statutory bodies, corporates, companies, trusts, temples/deities etc. are all legal entities. Besides constitutional and legal matters, these controversies cover all kinds of civil, criminal, revenue, taxation, services, environmental matters, no name a few.
It is supposed to decide these disputes as per law. Governments, corporates etc are mere parties before it.
Rule of law as against rule of men/one person is what lends sanctity to it. If rule of law fails, the judiciary collapses.
Why do we need parents?
It is for the very same reason we need judiciary. It is a very essential component for the smooth running of a democratic country. Like our parents keep a check on our actions and our conduct as a human being in the same way judiciary has an eye on the conduct of the government and it’s subsidiaries. It provides the system of checks and balances which is alsomentioned in our Constitution.
Moreover we are no longer living in the era of RamRaj and thus we need a institution which ensures that justice prevails in the country.
(Remember what Saurabh Shukla said about judiciary in the film Jolly L.LB 2)
Also it can be very easily observed that in the countries which have failed judiciary, people are dissatisfied and discontended.
What is the role of a judiciary system?Answer4FollowRequestMoreAd by Tata CapitalMoneyfy, by Tata Capital. A trusted investment app.Convenience for me and personal touch for dad. For mutual funds investment, we both Moneyfy!Get the App10 AnswersAkshansh Shanker, Student at Loyola High School, PatnaAnswered March 22, 2018 · Upvoted by Siddharth Pathak, B.A.LL.B. Law, Hemvati Nandan Bahuguna Garhwal University, Uttarakhand, India (2015)Originally Answered: Why do we need judiciary?
Why do we need parents?
It is for the very same reason we need judiciary. It is a very essential component for the smooth running of a democratic country. Like our parents keep a check on our actions and our conduct as a human being in the same way judiciary has an eye on the conduct of the government and it’s subsidiaries. It provides the system of checks and balances which is alsomentioned in our Constitution.
Moreover we are no longer living in the era of RamRaj and thus we need a institution which ensures that justice prevails in the country.
(Remember what Saurabh Shukla said about judiciary in the film Jolly L.LB 2)
Also it can be very easily observed that in the countries which have failed judiciary, people are dissatisfied and discontended.
So my friend judiciary is very necessary for living with respect, dignity and happiness.
Hope I was able to tell some of the needs of Judiciary.
P.S. Please do not compare with existing level of judiciary. I am not at all saying that the judiciary we are having is ensuring the things which I mentioned above but believe me things could have been worst in it’s absence.
CHEERS!2.5K viewsView 5 upvotes5Add a comment…Sponsored by ITC AashirvaadAre you looking for ways to maintain your digestive health?Take Aashirvaad’s digestive quotient test to know how you can maintain a healthy digestive system.Learn MoreAntony R Julian, L.L.B Law, University College London (2013)Answered June 13, 2018Originally Answered: Why do we need judiciary?
The Judiciary ensures laws are followed and implemented properly.
To give you a very rough analogy –
The Parliament is like the brain which tells the body (the State) where to move.
The executive (the government) is like the muscle and bones. It provides the mechanism that makes movement possible i.e. how to move.
The Judiciary plays the role of the nervous system. It keeps a check on movement of the State and its many millions constituent cells to ensure they function properly to fulfill the aims of the Parliament.
Where does the Constitution fit into this?
The Constitution is the conscience and the instruction manual of the body. It lays down larger principles that can never be breached by any of the 3 organs of the State and also details the broad powers and functions of the Parliament, Executive and Judiciary.2.5K viewsView 6 upvotesView shares · Answer requested by Nikhil Das61Add a comment…Byron Garrison, works at Department of Justice (2003-present)Updated January 14, 2018Originally Answered: Why do we need judiciary?
It is akin to asking why we need any government at all.
Simplest communities of persons living together would want some form of conformity to collective rules and regulations. Thus, the need for the rule of law to prevail. The need for this in a larger more complex society becomes glaring. Without conformity, there’d be chaos and with chaos, anarchy. Anarchy in this context would mean abstractly the absence of a government or authority. Government is therefore the recognised body over looking the affairs of the people it controls. Being that government has three attributes – executory, legislative, and judicial – the performance of these three functions must be done synchronizingly. Why the judiciary cannot be divorced away from the other two is obviously because it gives equilibrium to the activities of legislating and executing laws.
Supposing, like in a dictatorship the functions of the legislative body is usurped as is the well known case where this is practised, the functions of the judiciary must still be separated (albeit in theory), for the purpose of giving such dictatorship some form of legitimacy. Where there is any infraction of the laws made by the executive body, the judiciary would be required to mete the appropriate punishment against the offender. Though it is debatable to state that the judiciary and judges are assuaged easily by the executive and legislative arms, this may be found in countries where the independence of its judiciary is impaired as a result of poor fundings. Think abstractly now for a moment; Should there be no judicial system in a polity, how is it likely to exist?
Even from the religious stand point, particularly the Holy Bible and Quaran, when Adam and Eve were found in want of a basic law given to them both, they had to be put out of the garden. But God first asked them to defend their actions. That process alone is the simplest form of adjudication and thus the inevitable conclusion as to the importance of the judiciary in any society.
Simplest communities of persons living together would want some form of conformity to collective rules and regulations. Thus, the need for the rule of law to prevail. The need for this in a larger more complex society becomes glaring. Without conformity, there’d be chaos and with chaos, anarchy. Anarchy in this context would mean abstractly the absence of a government or authority. Government is therefore the recognised body over looking the affairs of the people it controls. Being that government has three attributes – executory, legislative, and judicial – the performance of these three functions must be done synchronizingly. Why the judiciary cannot be divorced away from the other two is obviously because it gives equilibrium to the activities of legislating and executing laws. Supposing, like in a dictatorship the functions of the legislative body is usurped as is the well known case where this is practised, the functions of the judiciary must still be separated (albeit in theory), for the purpose of giving such dictatorship some form of legitimacy. Where there is any infraction of the laws made by the executive body, the judiciary would be required to mete the appropriate punishment against the offender. Though it is debatable to state that the judiciary and judges are assuaged easily by the executive and legislative arms, this may be found in countries where the independence of its judiciary is impaired as a result of poor fundings. Think abstractly now for a moment; Should there be no judicial system in a polity, how is it likely to exist?
Even from the religious stand point, particularly the Holy Bible and Quaran, when Adam and Eve were found in want of a basic law given to them both, they had to be put out of the garden. But God first asked them to defend their actions. That process alone is the simplest form of adjudication and thus the inevitable conclusion as to the importance of the judiciary in any society.
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