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not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk p age. (December 2010) Justitia, symbol of the judiciary.[1][2]The judiciary (also known as the judicia l system or judicature) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the re solution of disputes. Under the doctrine of the separation of powers, the judici ary generally does not make law (that is, in a plenary fashion, which is the res ponsibility of the legislature) or enforce law (which is the responsibility of t he executive), but rather interprets law and applies it to the facts of each cas e. This branch of government is often tasked with ensuring equal justice under l aw. It usually consists of a court of final appeal (called the "supreme court" o r "constitutional court"), together with lower courts. In many jurisdictions the judicial branch has the power to change laws through t he process of judicial review. Courts with judicial review power may annul the l aws and rules of the state when it finds them incompatible with a higher norm, s uch as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of cons titutional law. During last decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insig ht into questions that bear on the proper legal interpretation".[3] Since many a country with a transitional political and economic system continues treating it s constitution as an abstract legal document disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and leg islative branches began to grow. In the 1980s, the Supreme Court of India for almost a decade had been encouragin g public interest litigation on behalf of the poor and oppressed by using a very broad interpretation of several articles of the Indian Constitution.[4] Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive. The latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The prop er national wealth distribution including the government spending on the judicia ry is subject of the constitutional economics. It is important to distinguish be tween the two methods of corruption of the judiciary: the state (through budget planning and various privileges), and the private.[5] The term "judiciary" is also used to refer collectively to the personnel, such a s judges, magistrates and other adjudicators, who form the core of a judiciary ( sometimes referred to as a "bench"), as well as the staffs who keep the system r unning smoothly. Contents [hide] 1 History 2 Various functions 3 See also 4 Further reading 5 Notes [edit] HistoryAfter the French Revolution, lawmakers stopped interpretation of l aw by judges, and the legislature was the only body permitted to interpret the l

aw; this prohibition was later overturned by the Code Napolon.[6] In civil law jurisdictions at present, judges interpret the law to about the sam e extent as in common law jurisdictions though it may be acknowledged in theory in a different manner than in the common law tradition which directly recognizes the limited power of judges to make law. For instance, in France, the jurisprud ence constante of the Court of Cassation or the Council of State is equivalent i n practice with case law. it is also one of the only branch's to have its own po int of view on everything [edit] Various functionsPart of the Politics series Politics List of political topics Politics by country Politics by subdivision Political economy Political history Political history of the world Political philosophy Political science Political system Democracy Federacy Feudalism Meritocracy Monarchy Parliamentary Presidential Semi-presidential Theocracy Capitalist Communist Anarchist Mixed economy City-state Dictatorship Directorial International relations (theory) Political scientists Comparative politics Public administration Bureaucracy Street-level bureaucracy Adhocracy Public policy (Legal doctrine) Public interest Separation of powers Legislature Executive Judiciary Electoral branch Sovereignty Theories of political behavior Subseries Elections Electoral systems

Voting Federalism Form of government Ideology Political campaigning Political parties Politics portal v d e In common or provinces[clarification needed], courts interpret law, including co nstitutions, statutes, and regulations. They also make law (but in a limited sen se, 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. In civil law jurisdictions, courts interpret the law, but are, at least in theor y, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged. In practice, jurisprudence play s the same role as case law. In socialist law, the primary responsibility for interpreting the law belongs to the legislature. This difference can be seen by comparing United States, France and the People's Republic of China: In the United States court system, the Supreme Court is the final authority on t he interpretation of the federal Constitution and all statutes and regulations c reated pursuant to it, as well as the constitutionality of the various state law s; in the US federal court system, federal cases are tried in trial courts, know n as the US district courts, followed by appellate courts and then the Supreme C ourt. State courts, which try 98% of litigation,[7] may have different names and organization; trial courts may be called "courts of common plea", appellate cou rts "superior courts" or "commonwealth courts".[8] The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appel late court, and then ends at the court of last resort.[9] In France, the final authority on the interpretation of the law is the Council o f State for administrative cases, and the Court of Cassation for civil and crimi nal cases. In the People Republic of China, the final authority on the interpretation of th e 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 thi s system the Supreme Court is always the final authority but criminal cases have four stages, one more than civil law.on the court a total of nine judges sit on the court. This number has been changed several times. Also reminded that feder al laws are consisted of the powers that the judicial branch has. This is always been some limits in Congress that the Judicial Branch has. [edit] See alsoBench (law) Constitutional economics Corruption Executive Independence of the judiciary Judicial Review Legislature Rule According to Higher Law Rule of law Separation of powers [edit] Further readingCardozo, Benjamin N. (1998). The Nature of the Judicial Pr ocess. New Haven: Yale University Press. Feinberg, Kenneth, Jack Kress, Gary McDowell, and Warren E. Burger (1986). The H

igh Cost and Effect of Litigation, 3 vols. Frank, Jerome (1985). Law and the Modern Mind. Birmingham, AL: Legal Classics Li brary. Levi, Edward H. (1949) An Introduction to Legal Reasoning. Chicago: University o f Chicago Press. Marshall, Thurgood (2001). Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences. Chicago: Lawrence Hill Books. McCloskey, Robert G., and Sanford Levinson (2005). The American Supreme Court, 4 th ed. Chicago: University of Chicago Press. Miller, Arthur S. (1985). Politics, Democracy and the Supreme Court: Essays on t he Future of Constitutional Theory. Westport, CT: Greenwood Press. Tribe, Laurence (1985). God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History. New York: Random House. Zelermyer, William (1977). The Legal System in Operation. St. Paul, MN: West Pub lishing. [edit] Notes1.^ Hamilton, Marci. God vs. the Gavel, page 296 (Cambridge Universi ty Press 2005): The symbol of the judicial system, seen in courtrooms throughout the United States, is blindfolded Lady Justice. 2.^ Fabri, Marco. The challenge of change for judicial systems, page 137 (IOS Pr ess 2000): the judicial system is intended to be apolitical, its symbol being tha t of a blindfolded Lady Justice holding balanced scales. 3.^ Posner R. The Constitution as an Economic Document. The George Washington La w Review. November 1987. Vol. 56. No. 1 4.^ Jeremy Cooper, Poverty and Constitutional Justice, in Philosophy of Law: Cla ssic and Contemporary Readings, edited by Larry May and Jeff Brown, Wiley-Blackw ell, UK, 2010. 5.^ Barenboim, Peter (October 2009). Defining the rules. The European Lawyer. 6.^ Cappelletti, Mauro et al. The Italian Legal System, page 150 (Stanford Unive rsity Press 1967). 7.^ American Bar Association (2004). How the Legal System Works: The Structure o f the Court System, State and Federal Courts. In ABA Family Legal Guide. 8.^ The American Legal System. 9.^ Public Services Department. "Introduction to the Courth system". Syracuse Un iversity College of Law. http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf . Look up judiciary in Wiktionary, the free dictionary. [hide]v d eLaw

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