The Judiciary
Introduction
The judicial branch of government refers to a country's court system. Judiciaries are responsible for interpreting and applying a country's laws in particular cases, and can also be invested with the power to strike down laws that it deems unconstitutional.
The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state, The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law ( which is the responsibility of legislature) or enforce law ( which is the responsibility of the executive, but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law.
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, treaties or international law. judges constitute a critical force for interpretation and implementation of a constitution, thus in common law countries creating the body of constitutional law.
Definition
The judicial authorities of a country; judges collectively.
" A system of courts and their judges, considered together. Also the branch of government whose responsibility is the adjudication of disputes about the application of laws"
What is the role of judiciary in Pakistan?
The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for.
History
This is a more general overview of the development of the judiciary and judicial systems over the course of history.
Roman Judiciary
Archaic Roman Law (650-264 BC)
Pre-classical Roman Law (264-27 BC)
Principate (27 BC-284 AD)
Dominate (284-565 AD)
Middle Ages
Ius Civile
Early scholastics (1070-1263)
Late scholastics (1263-1453)
Late scholastics (1234-1453)
Ius Commune
Functions of judiciary in different law systems
In common law jurisdictions, courts interpret law; this includes constitutions, statutes, and regulations. They also make law ( but in a limited sense, limited to the facts of particular cases) based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law. Common law decisions set precedent for all courts to follow. This is sometimes called stare decisis.
Country- specific functions
In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system, federal cases are tried in trial courts, which try 98% of litigation, may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts". The judicial system, whether state or federal, begins with a court of first instance, is appealed court, and then ends at the court of last resort.
In France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases.
In the People's Republic of China, the final authority on the interpretation of the law is the National People's Congress.
Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a Cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times.