All countries have different powers of the State , which are basically a series of institutions that shape and also have a role to monitor and ensure the peace in public life of its citizens and the rule of law . These powers are independent of each other, they are sovereign and also have a lot of power within a nation, one of them is known as the judicial power .
The judiciary is one of the three powers of the State whose main function is to enforce the laws through the interpretation of what has been established in the Constitution so that everyone can function in full compliance with the law.
- Characteristics of the judiciary
- Who make it up
- Functions of the judiciary
- Judiciary by country
Characteristics of the judiciary
The main characteristics of the judiciary are the following:
- This power is exercised through prosecutors , judges and magistrates who serve on the Supreme Court or in the different courts of justice .
- It has the ability to impose its judgments on the other two powers of the Republic.
- It works autonomously over the executive and legislative branches.
- It is responsible for preventing the executive branch from having excesses of power .
- It acts as an independent power to guarantee the proper administration of justice.
- It is not present in governments that are totalitarian , only in democratic ones.
- It is made up of courts and tribunals, which are jurisdictional and judicial bodies.
- It is governed mainly by the principles of proportionality , impartiality and due process .
- This power cannot be elected by direct vote of the population .
- Its members are chosen by means of merits and after a process carried out by the two other powers.
- All its power is governed by the Constitution .
- Its operation is of a permanent nature and in addition, all its organs have stable functions that also cannot be delegated.
The judiciary has its origins in ancient times when in its place there were the councils of wise men and monarchs who had the responsibility of imparting justice in the State . At that time, all decisions depended on the will of the king, who was placed in his place by God.
When modern states began to evolve, the councils ceased to exist and the separation of the powers of the state began, demanding at the same time the creation of legal institutions so that justice could be implemented independently. In the seventeenth century , justice took another turn, and training of professionals in matters of law began, ensuring the rule of law for persons who were accused of a crime and posed for the prosecution.
Who make it up
The judiciary is made up of a group of courts and tribunals in which justice is administered and exercised after an adequate review of all the arguments presented has been made. These courts are made up of judges , who must have prior academic training before being able to work in this place.
In addition, the judicial bodies are made up of several lawyers and judges , each of whom must comply with a specific aspect of the law, whether in the criminal , administrative , civil or constitutional fields . It also has a pyramidal type structure organized through hierarchies in whose main link is the Supreme Court of Justice , later the courts and finally the municipalities.
The judicial power represents in itself, the administration of justice through the application of the laws that have been established within the Political Constitution of each country. It is the body that represents the resolution of conflicts that may arise, in addition to the obligations and responsibilities of society. The word itself represents a series of bodies and institutions that have the function of being able to apply the norms of a legal nature, the democratic system and impartiality.
Functions of the judiciary
The main function of the judiciary is to take care of and enforce all the laws that are established in the Constitution . It must also correctly administer justice for all the inhabitants of a country through the application of laws and regulations that have been previously established. In addition, it must ensure that the general laws are also complied with, including all the responsibilities that different companies have.
It also has the function of resolving all kinds of controversies and struggles that may arise in the other two powers of the Republic , always taking into account the statutes that have already been established in the Magna Carta . It guarantees that those who break the law have their just punishment and intervenes in criminal , administrative , constitutional and procedural aspects of the State, so that it can function correctly within the framework of the law .
It plays a very important role in all judicial decision – making that involves the resolution of conflicts, including problems between neighbors, determining the punishments of criminals and investigations of officials who have been accused of corruption.
Judiciary by country
It is made up of a group of courts and tribunals , by judges and magistrates who have the function of administering justice which, according to the Constitution of the country, must be administered by the King of Spain . In this country, the Constitutional Court is not part of the judiciary.
In Mexico , the judiciary is in charge of studying all the laws that are created by the legislative power . It is also one of the three branches of the Republic and is made up of the Supreme Court of Justice , the Electoral Tribunal of the Federation’s judicial branch, and the Federal Judicial Council .
In this country, it is also part of the three powers that make up the Republic and is exercised through the Supreme Court of Justice and the courts that are part of it. It is also regulated by the third section of the Constitution of the Argentine Nation and is made up of a series of lawyers who are appointed by the President of the country.
In Colombia, this power of the Republic is not known as the judicial power but as the Judicial Branch of the Republic of Colombia and is made up of a group of institutions popularly known as the High Courts . This power currently faces a series of great problems and challenges since they have an impunity rate that reaches 92%, which produces a high level of corruption in the system.
The judiciary is one of the most important powers of the Republic because through it, are achieved to comply with all laws of society and also administers justice so that in this way can punish the offender, are achieved repair the damages that have been caused and in addition, the rule of law is guaranteed . It is the one that has in its power the resolution of social problems following what the Constitution dictates within the legal system.