functions and features of judiciary
Answers
Answer:
The judiciary (also known as the judicial system, judicature, judicial branch, Judiciative Branch, or court system) is the system of courts that interprets and applies the law in a country, state or an international community. The first legal systems of the world were set up to allow citizens to settle conflicts without violence.[1]
The judiciary mainly interprets and applies the law, but can in some systems create law.
Definition -
The judiciary is the system of courts that interprets 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 the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it 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 de facto in common law countries creating the body of constitutional law.
History -
See also Legal History.
This is a more general overview of the development of the judiciary and judicial systems over the course of history.
Roman judiciary -
See also Roman law and Byzantine Law.
Archaic Roman Law (650-264 BC) Edit
The most important part was Ius Civile (latin for "civil law"). This consisted of Mos Maiorum (latin for "way of the ancestors") and Leges (latin for "laws"). Mos Maiorum was the rules of conduct based on social norms created over the years by predecessors. In 451-449 BC, the Mos Maiorum was written down in the Twelve Tables.[2][3][4] Leges were rules set by the leaders, first the kings, later the popular assembly during the Republic. In these early years, the legal process consisted of two phases. The first phase, In Iure, was the judicial process. One would go to the head of the judicial system (at first the priests as law was part of religion) who would look at the applicable rules to the case. Parties in the case could be assisted by jurists.[5] Then the second phase would start, the Apud Iudicem. The case would be put before the judges, which were normal Roman citizens in an uneven number. No experience was required as the applicable rules were already selected. They would merely have to judge the case.