We explain what the Judiciary is, who it is made up of and what its structure is. We also explain what its characteristics and functions are.
What is the Judicial Branch?
The judicial power is called public power in charge of enforcing the law. It is the wing of the State that is dedicated to studying, interpreting and enforcing the law. It applies its principles to all types of conflicts or situations that require it.
The judicial power represents the highest authority in legal matters, that is, it is the final decision regarding the interpretation and application of the nation’s laws. For this purpose, it has various bodies of courts.
Each court is dedicated to a specific aspect of the law.. In these courts, specially trained judges in the different branches of law make decisions on behalf of the State. The bases of their actions are the constitutional texts (criminal codes, civil codes, etc.) and international treaties of justice (such as human rights).
The judicial power It is distinct from the legislative and executive branches.to whom it serves as a counterweight. In fact, it can annul acts of the other powers, if it considers them contrary to the spirit of justice.
See also: Constitutional power
Who makes up the judicial branch?
The judiciary is made up of the total set of judges, courts and lawyers.
All of them work on resolution in accordance with the laws of conflict arising from the functioning of the Republic.
On the one hand, They work at elementary levels such as criminal justicewhich has to do with crimes.
But also at complex levels, such as constitutional justice, which ensures compliance with the constitution by other public and private powers.
How is the judiciary composed?
The exact composition of the world’s various judicial powers They depend largely on the model assumed in their constitution. At a general level, they are usually composed of tribunals or courts, that is, bodies of judges and legal scholars who are dedicated to a specific area of expertise.
These scholars They are generally organized in specialized courts in Constitutional, Electoral, administrative matters. In addition, there are other courts that are necessary to address all aspects of its operation.
Structure of the judiciary
The judicial power It is structured in a series of instances or courts. each of them constitutes a step of a pyramid: the higher ones have more authority than the lower ones, so the decisions of the former cannot be counteracted by the latter. These courts are:
- Supreme Court of Justice or Supreme Tribunal. It is the highest authority in legal matters of the nation. Its decisions are, basically, final. Therefore, it deals with matters of maximum security, national interest or public functioning. This court is made up of a group of judges or ministers, from among whom a president emerges who heads it. It operates based on a certain number of specialized chambers (to address specific issues) or in plenary, with all its members.
- Courts of appeals or federal courts. Intermediate instances or courts, which have a higher hierarchy than the courts of first instance, but are subject to the designs of the Supreme Court. They deal with particularly complicated cases, generally obeying a federal distribution (by states or provinces). Each appeals court has a president and a variable number of members, who can operate in plenary session or through specialized chambers, and in an ordinary or extraordinary manner.
- Courts of first instance. The ones with the least authority of all. It is where legal disputes begin and where citizens go who wish to have the decision of a legal body on a given matter. Generally, these first instance judges have an area of municipal jurisdiction, with jurisdiction to deal with the most specific legal matters: family, corporate law, labor law, mortgage law, financial law and a huge etcetera.
Functions of the judiciary
The judicial power deals exclusively with the administration of justiceThis means that no other person or institution in the national territory can decide for or against any cause or legal dispute that exists. Not even another public power can usurp its functions.
His actions It covers all areas of law and operates on a trial basis.. The latter are investigations in which other State agencies cooperate to make a specific decision in a case that requires the interpretation of the law, or in which one of the parties has broken what is established in it.
How are members of the judiciary appointed?
The designation of the members of this power It depends on the legal regimeTypically, members of the judiciary are appointed by the other two branches (executive and/or legislative).
This is because an election by popular vote would make it difficult to maintain the impartiality of those who exercise justice. In the same way, judges are not immune: They can be removed from office by higher-ranking judges (up to the Supreme Court of Justice).
Why is the judiciary important?
The judicial power has always been considered the least dangerous of the three public powers, since it does not manage public goods. On the other hand, he also does not have the executive’s command gift.
However, it is a power indispensable for the peaceful functioning of the RepublicsOnly a solid, impartial institution of justice, in which citizens can believe and whose designs they obey, guarantees the submission of the population to public order.
If justice is partial or inefficient, Sooner or later the political system as a whole tends to fail.. This is because people withdraw their trust and rely on less institutional options to assert their rights.
The rule of law
The rule of law is a fundamental characteristic of modern democratic republics. It implies the equality of all citizens before the law, with the same opportunities to defend themselves and to be heard by the judiciary.
If the same rule does not apply to everyone, then there is favoritism. and the justice system is partial, that is, unfair. For a rule of law to exist, the application of the law must be equal in all cases, respecting all rights and demanding all the duties of the case.
Origin of the judicial power
In ancient times, Councils of wise men or even monarchs administered justice in the name of the StateThese decisions were always subject to the will of the powerful and their arbitrariness, since the King was appointed by God to make the decisions of the State.
With the emergence of modern states this changed. The separation of powers required the creation of a legal institution to exercise justice independently. In this way, he would not be influenced by the other powers of the State.
The independence of the judiciary from political concerns is indispensable for its functioning. In this way It is even guaranteed that he can judge a powerful official who committed a crime.
The study of law and its historical considerations emerged in the 17th century. So The scope of justice began to be thought of differently, giving rise to the training of professionals. Because of their specialized knowledge, they can ensure the rule of law for both accused and accusers.
The legislative power
The legislative branch is another of the three powers of the State. It is composed of publicly elected legislators of Congress (deputies and senators).
Its main function is the drafting, discussion and sanctioning of laws that govern the various aspects of national life. It is also in charge of the administration of public budgets and of questioning and possibly investigating the other powers.
The executive power
The executive power is the “head” of the state, and it is another of the powers that govern it. He is in charge of leading the Republic and making strategic decisions, like the captain of a ship.
It is composed of the figures of President, Vice President, Ambassadors and the Ministerial Train. They are those who deal with the tasks of external relations, maintenance and strategic planning of state resources.