Eleanor Finch
The judiciary is one of the three branches of government, alongside the legislative and executive branches, and plays a crucial role in upholding the constitution and ensuring justice. Article III of the U.S. Constitution establishes the judicial branch, with the Supreme Court at its apex, and grants Congress the power to create lower courts. Judges are appointed for life and compensated to protect their independence. The judiciary's key functions include interpreting the Constitution, resolving disputes, and ensuring that the other branches of government respect their constitutional limits. This system of checks and balances ensures that no single branch of government holds too much power.
| Characteristics | Values |
|---|---|
| Judicial power | Vested in one supreme court and such inferior courts as Congress may establish |
| Jurisdiction | Original jurisdiction over cases involving the Constitution, laws of the United States, treaties, ambassadors, public ministers, and consuls; appellate jurisdiction in almost any other case involving points of constitutional or federal law |
| Trial by jury | Guaranteed for all crimes except impeachment, with trials held in the state where crimes were committed unless otherwise directed by Congress |
| Judicial independence | Justices typically hold office for life, and their salaries cannot be decreased during their term to protect their independence |
| Judicial review | The power to decide the constitutionality of federal laws and resolve cases involving federal laws |
| Checks and balances | Each branch of government has separate roles and authority, but they must also cooperate |
| Separation of powers | Ensures that no one branch of government overpowers another |
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What You'll Learn
The role of the judiciary in upholding civil and criminal justice
The judiciary plays a pivotal role in upholding civil and criminal justice. In India, for instance, the judiciary is responsible for administering justice, interpreting and applying the law, and ensuring the fair and impartial resolution of disputes. Judges preside over court proceedings, make decisions on legal matters, and determine sentences for convicted individuals in criminal cases. They consider the nature of the crime, the defendant's background, and any mitigating or aggravating circumstances when handing down sentences. This process helps maintain the rule of law and ensures access to justice for all citizens.
The Indian judiciary's structure, comprising the Supreme Court, High Courts, and Subordinate Courts, is designed to uphold the principles of justice, equality, and the rule of law. It safeguards the rights and liberties of citizens, including minority groups, and ensures the government's actions and laws conform to the Constitution. This role is crucial in maintaining a balance of power between the different branches of government.
In the United States, the Constitution outlines the role of the judiciary in Articles III and IV. The judicial power extends to all cases in law and equity, including those arising under the Constitution, treaties, and controversies between states or citizens of different states. The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, and consuls, and those in which the United States is a party. The Congress also plays a role in the judiciary by declaring the punishment for treason.
To ensure the independence of the judiciary and uphold justice, the recruitment and promotion of judges must be impartial. In civil law countries, public competition is the typical route to judicial office. Newly appointed judges are expected to be versatile and capable of handling a wide range of functions. Regular evaluations of professional performance are also necessary for promotions, role assignments, and transfers.
The protection of judicial independence has both external and internal aspects. Externally, the judiciary must be independent of political branches and other non-judicial actors. While some relation between the judiciary and political powers is inevitable, it must not interfere with the judiciary's freedom to adjudicate disputes and uphold the law and constitutional values. Internal independence safeguards individual judges from undue pressure from within the judiciary, especially from high-ranking judges.
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The independence of the judiciary
The Constitution establishes the Supreme Court, with Article III, Section I stating that "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that while the Supreme Court is established by the Constitution, Congress has the power to decide how to organise it and the authority to create a system of lower courts.
The judiciary's independence is further protected by certain restrictions. For example, federal judges typically hold office for life, and their salaries cannot be decreased during their term. These measures safeguard the judiciary from potential influence by the political branches of government.
The Supreme Court plays a crucial role in maintaining the independence of the judiciary and upholding the Constitution. It is the highest court in the land and serves as the court of last resort for those seeking justice. The Court's power of judicial review ensures that each branch of government recognises its own limits and respects constitutional rights and liberties.
Additionally, the Supreme Court has original jurisdiction in specific cases, such as suits between two or more states and cases involving ambassadors and other public ministers. In most other cases, the Court has appellate jurisdiction, allowing it to hear appeals on matters of constitutional or federal law.
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The jurisdiction of the Supreme Court
The Supreme Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. This includes cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice.
The judicial power of the United States is vested in one Supreme Court and such inferior courts as Congress may establish. Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. Over the years, the number of seats on the Supreme Court has varied, but since the Civil War, it has been fixed at nine justices.
The Supreme Court plays a crucial role in the constitutional system of government. It has the power of judicial review, ensuring that each branch of government recognizes its limits. The Court also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to prevent the majority from taking advantage of minorities.
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The constitutional function of interpreting and applying the law
The US Constitution establishes a system of checks and balances, with each branch of government having its own roles and areas of authority. The judiciary, as one of the three branches, has the power to interpret and apply the law, ensuring that the other branches of government remain within their constitutional limits.
Article III of the Constitution outlines the role of the judiciary, establishing the Supreme Court and authorising Congress to create a system of lower courts. The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as those involving multiple states, foreign diplomats, and public ministers. In most other cases, the Supreme Court has appellate jurisdiction, meaning it can hear appeals on points of law and fact.
The judicial power of the US is vested in the Supreme Court and such inferior courts as Congress may establish. Judges, at all levels, are appointed by the President and confirmed by the Senate. They typically hold office for life, and their compensation cannot be diminished during their term, ensuring the independence of the judiciary from political influence.
The judiciary's role in interpreting and applying the law is crucial to the constitutional system. Federal laws, for example, are passed by Congress and signed by the President, but it is the judiciary that decides on their constitutionality. The Supreme Court has the final say on whether a right is protected by the Constitution and can strike down laws that violate it, thereby limiting the powers of the democratic majority and protecting the rights of minorities.
The 13 appellate courts below the Supreme Court determine whether the law was correctly applied in the trial court, while the 94 district courts resolve disputes by determining the facts and applying the relevant laws. Bankruptcy courts, established by Congress, provide a "fresh start" for those unable to pay their debts.
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The constitutional role of the judiciary in a codified constitution
One potential change in the role of the judiciary in a codified constitution is that it could take on a more explicit role in assessing the actions of public authorities, including the compliance of Acts passed by Parliament with the constitution. This would represent a shift in power from elected branches to the courts, with the judiciary adopting a more legal approach to constitutionalism and upholding legal-constitutional values and rights. The judiciary's role in ensuring compliance with European law and the Human Rights Act 1998 could also be affected. While the courts can currently declare primary legislation incompatible with the European Convention on Human Rights, they cannot strike it down.
The UK's judiciary already performs functions that resemble constitutional review in some senses, and it has been suggested that the judiciary could develop a greater constitutional role even without full codification. For example, courts could use certain documents in judicial review proceedings to argue for the creation of legitimate expectations in decision-making processes. However, traditional judicial review does not allow for the assessment of the validity of Acts of Parliament.
The introduction of a codified constitution could potentially lead to a more extensive and different role for the courts, but it is not guaranteed. The exact role of the judiciary would depend on the specific terms and content of the codified constitution. The process of codification would involve considering the ideal position of the courts and how a written constitution could achieve that objective.
In conclusion, the constitutional role of the judiciary in a codified constitution is a complex issue that requires careful consideration of the potential benefits and challenges. While a codified constitution could provide greater powers and a more legal approach to the judiciary, it is important to carefully craft the exact terms to ensure the desired outcomes.
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Frequently asked questions
The judiciary is one of three independent branches of government, alongside the executive and legislative branches. The judiciary interprets the US Constitution and the meaning of laws passed by Congress.
The judiciary has no influence over the executive or legislative branches. It has no direction over the strength or wealth of the country and can take no active resolution. Its power is limited to judgment.
The judiciary's power extends to all cases in law and equity that arise under the US Constitution, laws of the US, and treaties made under their authority. This includes cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction.
Judges of the supreme and inferior courts shall be compensated at stated times, and this compensation shall not be diminished during their continuance in office.
An independent judiciary acts as an "intermediate body between the people and their legislature," ensuring that the people's representatives act within the authority given to Congress under the Constitution.
