what do you understand by Supreme Court is Guardian of fundamental rights
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Supreme court is guardian of fundamental rights.As this court punishes the person who is not working according to the constitution.
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Democratic countries have a constitution that sets forth the fundamental rights of its citizens and establishes the principle of separation of powers, creating three basic institutions:
executive (that is, the government, in charge of implementing the laws enacted by the legislative);
legislative (that is, the Parliament and Senate, which create the laws of the country) and finally,
judiciary (which main functions are: 1. interpret the law; 2. watch out for compliance with the laws and protect citizens from violations of their rights; 3. determine whether a law is constitutional or not).
The judiciary is an independent branch that cannot be controlled by the executive and the judiciary and protects citizens from rights’ violations coming from other citizens or the country itself.
Courts will base their decisions mostly in their interpretation of the country’s Constitution, although they can also support their decision by using international declarations, other laws and previous cases. The independence of courts as a whole and each individual judge, is established to guarantee a decision that its not the outcome of external pressures. However, this independence also has a risk: different judges have different points of view and that can end up meaning that the same case could been subject to two totally different decisions depending on the judge that was assigned to that case.
However, the solution to that issue is the revision system that enables an mistreated party to appeal a court decision by sending it to a superior court, which will review the facts and the decision itself, giving a chance to the parties to get a fair response to their demand.
(P.S. “this is the theoretic answer to your question. However, reality usually does not work as ideally as this might suggest”).
executive (that is, the government, in charge of implementing the laws enacted by the legislative);
legislative (that is, the Parliament and Senate, which create the laws of the country) and finally,
judiciary (which main functions are: 1. interpret the law; 2. watch out for compliance with the laws and protect citizens from violations of their rights; 3. determine whether a law is constitutional or not).
The judiciary is an independent branch that cannot be controlled by the executive and the judiciary and protects citizens from rights’ violations coming from other citizens or the country itself.
Courts will base their decisions mostly in their interpretation of the country’s Constitution, although they can also support their decision by using international declarations, other laws and previous cases. The independence of courts as a whole and each individual judge, is established to guarantee a decision that its not the outcome of external pressures. However, this independence also has a risk: different judges have different points of view and that can end up meaning that the same case could been subject to two totally different decisions depending on the judge that was assigned to that case.
However, the solution to that issue is the revision system that enables an mistreated party to appeal a court decision by sending it to a superior court, which will review the facts and the decision itself, giving a chance to the parties to get a fair response to their demand.
(P.S. “this is the theoretic answer to your question. However, reality usually does not work as ideally as this might suggest”).
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