The judiciary is the system of courts that interprets and applies the law in the name of the state.
A court is a tribunal, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.
Judicial Review: Crash Course Government and Politics #21 by CrashCourse
The judiciary also provides a mechanism for the resolution of disputes.
Article III For Dummies: The Judiciary Explained by Hip Hughes
In some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case.
The separation of powers, often imprecisely and metonymically used interchangeably with the trias politica principle, is a model for the governance of a state.
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.
A common law legal system is characterized by case law developed by judges, courts, and similar tribunals, when giving decisions in individual cases that have precedential effect on future cases.
Statutory law or statute law is written law set down by a body of legislature or by a singular legislator.
A judge presides over court proceedings, either alone or as a part of a panel of judges.
The Judiciary is often tasked with ensuring equal justice under law.
Equal justice under law is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system.
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.
In parliamentary systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of law, created respectively by the legislative and executive branches of government.
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.
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.
In the US during recent decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation".
Since many countries with transitional political and economic systems continue treating their constitutions as abstract legal documents disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches have begun to grow.
In the 1980s, the Supreme Court of India for almost a decade had been encouraging public interest litigation on behalf of the poor and oppressed by using a very broad interpretation of several articles of the Indian Constitution.
Public interest law loosely, refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public interest, on 'not for profit' terms.
The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.
A lawsuit is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law."
Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive.
A developing country, also called a less developed country or an underdeveloped country, is a nation with a less developed industrial base and a low Human Development Index relative to other countries.
A budget is a quantitative expression of a plan for a defined period of time.
The latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary.
The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics.
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents".
It is important to distinguish between the two methods of corruption of the judiciary: the state, and the private.
The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary, as well as the staffs who keep the system running smoothly.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law.
In some countries and jurisdictions, judiciary branch is expanded to include additional public legal professionals and institutions such as prosecutors, state lawyers, ombudsmen, public notaries, judicial police service and legal aid officers.
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system.
A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive.
These institutions are sometimes governed by the same judicial administration that governs courts, and in some cases the administration of the judicial branch is also the administering authority for private legal professions such as lawyers and private notary offices.