- What is the judiciary?
- Characteristics of the judiciary
- Who makes up the judiciary?
- Functions and powers of the judiciary
- Other public powers
We explain what the judiciary is, who makes it up, its functions, powers and other characteristics.
What is the judiciary?
The judiciary is one of the three public powers in which traditionally the Condition, according to Montaigne's theory of separation of powers.
The judiciary is in charge of ensuring compliance with the Law. That is, it deals with the resolution of conflicts on the society following what the Constitution or the corresponding legal system dictates.
The judiciary is made up of courts and tribunals, which are judicial and jurisdictional bodies. They must deal with disputes both between public powers and between individuals, or even between the latter and the State.
So it is possible make the decisions relevant that allow to do Justice in society, punishing the transgressor, repairing the damaged and guaranteeing the rule of law. For this, this power is structured in a long Organization chart hierarchical courts, tribunals and instances, to face the conflict at the different levels in which it occurs.
The role of the judiciary in society is very old, although it was not always carried out by trained and impartial judges, but by kings, sages, or even the elders of the tribe.
On the other hand, the presence of an element that provides a common criterion of justice to society is essential for life together. This prevents persons take justice into their own hands, engendering spirals of violence that later it is very difficult to solve peacefully.
Characteristics of the judiciary
The judiciary must necessarily be governed by the principles of impartiality, proportionality and due process. This ensures that a crime committed receive a just punishment, not only with whoever was violated, but with the violator himself.
That is, the judiciary must pay attention to the Law above all else, which allows it to even judge the actions of other public powers, when they contradict the provisions of the Constitution that governs the State.
On the other hand, the judiciary is the only one of the public powers that is not elected by direct vote of the population, but by judgment of merit and evaluation on the part of the other public powers, also in charge of re-legitimizing or changing it. However, the judiciary itself must ensure that even the election of its members takes place within the framework of the Law.
Who makes up the judiciary?
The judiciary is made up of a hierarchical set of courts and tribunals. There justice is exercised by reviewing the evidence, the arguments and what is established by the laws themselves.
In charge of this work are judges academically trained in the matter, who deal with the matter in a totally impartial manner and who, finally, also proceed according to what is established in the laws and protocols judicial
The different judicial instances are made up of a body of judges and lawyers (defenders and accusers). Each is dedicated to a specific aspect of the law, such as penal, it administrative, it civil, it constitutional, etc., and is highly specialized in it.
At the same time, this power is organized in a pyramidal and hierarchical structure, at the top of which is the Supreme Court of Justice, and then as many courts as there are steps descend, going from the most general (the country) to the most particular (the municipality). , for example).
Functions and powers of the judiciary
The judiciary is in charge of sustaining justice and therefore peace. Its fundamental role is to guarantee the rule of law, that is, that all the cases tried are evaluated using the same legal criteria, although taking into account the attenuating circumstances of the case.
By fulfilling these functions, the judiciary also serves as a regulatory body for the other two public powers, preventing them from taking actions outside the Constitution. In the event that they do so, it is empowered to declare the nullity of the same and demand the opening of research with a view to penalizing those responsible.
Everything that requires a judicial decision-making falls within the functions of the judiciary: from resolving a neighborhood conflict, determining the punishment of a cell phone thief or investigating a corrupt official, to interpreting an article of the Constitution to decide whether a law may or may not be enforced.
Other public powers
Along with the judiciary, the public powers of the State include:
- Executive power. Formed by the president or prime minister of the country, together with his ministerial train, governors, mayors and other personal positions of public election, it is the power in charge of taking the steering wheel of the State, making the political decisions that are pertinent.
- Legislative power. It can be made up of a single-chamber parliament (made up of deputies) or a two-chamber parliament (made up of deputies and senators). Its function is to draft, approve, modify or repeal the laws. In addition, manage and control the national budget.