In this article you will learn about The Judiciary in Political Science.
The Judiciary
The judiciary is one of the three branches of government, alongside the executive and legislative branches. Its main function is to interpret and apply the law in order to resolve disputes between individuals or between individuals and the government. In this way, the judiciary plays a crucial role in upholding the rule of law and protecting the rights and freedoms of citizens.
It is the third organ of the government. It is an organ which has the responsibility to apply the laws to specific cases and settle disputes by interpreting and applying laws. The real ‘meaning of law’ is what the judges decide during the course of giving their judgments in specific cases. Judiciary acts as the fountainhead of Justice. From the citizen’s point of view, it is the most essential organ of the government because it acts as a protector against the possible excesses of the other two organs of the government. Its role as the guardian-protector of the constitution and the fundamental rights of the people, makes it more respectable than the executive and legislature. The common people depend upon the judiciary for getting justice.
Administration of justice has been the oldest and the most essential function of the state. To do justice by punishing the wrong doer and by compensating the aggrieved, was traditionally the most essential function of the king of each state. With the passage of time, and due to the ever-increasing complexities of social relations, this came to be the function of specific official experts in law, that is the judges. The system of settling disputes by the judges came to be described as the court system or the Judicial system. The courts, involving the judges and other personnel undertaking the work connected with the dispensation of Justice, came to be known as the judiciary – the third most important organ of the government.
The judiciary is made up of a complex system of courts and judges at the federal, state, and local levels. At the federal level, the judiciary is headed by the United States Supreme Court, which is the highest court in the land. The Supreme Court consists of nine justices who are appointed for life by the President and confirmed by the Senate. The Supreme Court is responsible for interpreting the Constitution and federal law, as well as resolving disputes between the federal government and the states.
Below the Supreme Court are the federal courts of appeals and the district courts. There are thirteen federal courts of appeals, each of which covers a specific geographic region of the country. The district courts, on the other hand, are the trial courts of the federal system and are responsible for hearing and deciding cases at the first instance. There are 94 district courts in the United States, each of which covers a specific geographic area.
At the state level, the judiciary is organised in a similar way, with each state having its own system of courts and judges. Most states have a highest court, often called the Supreme Court or the Court of Appeals, which is responsible for interpreting state law and resolving disputes between the state government and its citizens. Below the highest court are the trial courts, which are responsible for hearing and deciding cases at the first instance.
The judiciary also includes a number of specialised courts that deal with specific areas of law, such as tax law, bankruptcy law, and immigration law. These courts have their own unique procedures and rules, and are typically staffed by judges who have expertise in the relevant area of law.
This article on The Judiciary in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.