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Definition, concept, meaning, what is Judicial power
1. Concept of Judicial powerThe judiciary is a power of the State responsible for the administration of Justice in society, through the application of legal standards. In the resolution of conflicts. "Power", in the sense of public power, refers to the Organization, institution, or set of organs of the State, which in the case of the judiciary are legal or jurisdictional organs: courts and tribunals, exercising the judicial power, which usually enjoy autonomy and impartiality.
According to the classical theory of Montesquieu's separation of powers, which distinguishes between legislative, Executive and judicial, the division ensures the freedom of the citizen. Montesquieu wrote his theory after a trip to England where played an independent judiciary can be an effective executive power brake. Under the separation of powers, is born the so-called State of law, in which the public authorities are also subject to the rule of law. The judiciary must be independent in order to undergo the remaining powers, especially the Executive, when they contravene the law and become responsible for making effective the idea of law as a regulatory element of social life.
2. Definition of Judicial powerThe judiciary is one of the three powers of the State, the which and in compliance with the law in force, is in charge of the administration of Justice in society through precisely the application of legal norms in the disputes which arise. Meanwhile, the judiciary is embodied by different jurisdictional or judicial bodies such as courts, courts, which exercise jurisdictional authority and impartiality are and autonomy, in ideal cases, of course, because it is unfortunately a reality that this autonomy is not always real, there still the division of powers.
Especially in underdeveloped countries it justice or judiciary is closely linked to the Executive Branch and often this is usually run over independence in its favor, in those cases in which the Government is involved in any judicial case committed.
If it follows the classical theory proposed by Montesquieu opportunely, the division of powers guarantees the freedom of the citizen. In the ideal, according to Montesquieu, an independent judiciary is an effective brake to the Executive branch. Mentioned separation of the powers of the State is what is referred to as rule of law, within which public authorities are subject to the law equally. Then, within this framework, the judiciary must be independent to submit the rest of the powers, especially the Executive, when this contravene in any way the legal system.
In addition, the judicial branch it will be an arbitral role when they occasionally face the other two branches, the legislative and the Executive, something that is quite common these days. The three powers of the State are fundamental, while the justice needs constant protection because of the depends on that the democratic system does not stop working.
In structural terms, the Organization of the Judicial power will vary from nation nation as well as the methodology used for the appointments. The most common is the existence of various levels of courts being the decisions of the plausible appeal superior court and a Supreme Court lower courts or Supreme Court that will have the last word in any resolution.
3. Meaning of Judicial powerThe judiciary is one of the three branches that in a democratic State (the others being the Executive Branch and the legislative branch) meets the very important mission of administering justice, applying general laws issued by the legislative power, to the specific cases referred to its decisions, by which its independence from political power is very important. Judges must resolve the cases raised, in Continental law, based on the legal framing of the facts that come to its knowledge, its sound discretion, and the contribution of the doctrine and the jurisprudence. At Common law (English system) is the jurisprudence, by not having written law, the source of predominantly right.
In Spain, the judiciary exerts its function on behalf of the King, guaranteeing the Constitution, which in its exercise, save the principles of impartiality, independence, legality, security of tenure and contradiction, which allows the right of defence. Individual judges, and judges who make up collegiate bodies integrate it. It is divided by subjects (civil, social, criminal, administrative and commercial) and territorially. The highest level in the administration of Justice is in Supreme Court residing in the capital (Madrid).
In France the judiciary hierarchically superior organ, is the Court of Cassation, which understands the appeal ultimately.
In Argentina, at the national level, is composed of a Supreme Court of Justice (highest authority) and other lower courts: judges of first instance and appellate chambers.
English Justice has some common courts (courts of magistrates in county courts which deal with civil matters and criminal matters) and other specialized, technical and complementary. There is a Supreme Court of Judicature, with two instances in higher court. In the first instance, involves the Crown courts and the upper Crown. The Court of appeal intervening in the second instance. In cases of emergency it may be appealed to the House of Lords.