In this article you will learn about the Functions of Judiciary in Political Science.
Functions of Judiciary
The Judiciary of a Liberal Democratic Political System performs the following important functions :
Administration of Justice : The first and the most essential function of the Judiciary is to administer justice. It awards punishment to those who are found guilty of violating the laws of the state. The Judiciary fixes the quantity and quality of punishment that is to be given to the criminals. The aggrieved citizens can go to the courts to seek justice. They can do so either before suffering any loss to their rights or after they have suffered a loss. Judiciary decides all cases involving demands for compensation by the citizens in lieu of the loss suffered by them due to any action of the government or any other institution or private organisation or any citizen.
Interpretation and Application of Laws : One of the most important functions of Judiciary is to interpret and apply laws to specific cases. In the course of settling or deciding the disputes that come before it, the judges interpret and apply laws. Every law, being a legal and technical framework with an inbuilt rigidity, needs proper interpretation and flexibility for getting applied to every specific case. This important function is performed by the judges. The law means what the judges interpret it to mean. The decisions of the court are accepted as the meaning of law in all subsequent cases. The highest court of the country, for example the Supreme Courts of India and the USA, are the final interpreters of the law and constitution of the state.
Role in Law-making : The Judiciary also plays a significant role in law-making. The decisions given by the courts really determine the meaning, scope, nature and practical utility of the laws and rules passed by the legislature and executive. The interpretation of laws by the judiciary amounts to law-making because these interpretations really define and apply the laws. Judicial decisions always constitute the source of law. The judicial precedents – the case laws, are laws binding upon the courts in their subsequent work.
Adjudicating Disputes : The judiciary is responsible for adjudicating disputes between parties, whether they are individuals, businesses, or government agencies. This function ensures that disputes are resolved in a fair and impartial manner and that justice is served. Judges are responsible for hearing arguments from both sides and making decisions based on the facts of the case and the law.
Reviewing Executive and Legislative Actions : The judiciary is responsible for reviewing the actions of the executive and legislative branches to ensure that they are in compliance with the Constitution and other laws. This function serves as a check on the power of the other branches of government and ensures that they do not overstep their constitutional authority.
Settling Legal Precedents : The judiciary also plays a vital role in establishing legal precedents that guide future decisions. When judges make decisions in cases, they create legal precedents that other judges can rely on in future cases. This function is important because it ensures consistency and predictability in the law, which is essential for ensuring that the law is applied fairly and justly.
This article on Functions of Judiciary in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.