The judiciary (also known as the judicial system, judicature, judicial branch or court system) 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, setting precedent for other courts to follow. This branch of the state is often tasked with ensuring equal justice under 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 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. For a people to establish and keep the 'Rule of Law' as the operative norm in social constructs great care must be taken in the election or appointment of unbiased and thoughtful legal scholars whose loyalty to an oath of office is without reproach. If law is to govern and find acceptance generally courts must exercise fidelity to justice which means affording those subject to its jurisdictional scope the greatest presumption of inherent cultural relevance within this framework.
The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench"), as well as the staffs who keep the system running smoothly. In some countries and jurisdictions, judiciary branch is expanded to include additional public legal professionals and institutions such as prosecutors, state lawyers, ombudsmen, public notaries, judicial police service and legal aid officers. These institutions are sometimes governed by the same judicial administration that governs courts, and in some cases the administration of the judicial branch is also the administering authority for private legal professions such as lawyers and private "notary" offices.
After the French Revolution, lawmakers stopped interpretation of law by judges, and the legislature was the only body permitted to interpret the law; this prohibition was later overturned by the Napoleonic Code.
In civil law juridictors at present, judges interpret the law to about the same extent as in common law jurisdictions – however it is different from the common law tradition which directly recognizes the limited power to make law. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law. However, the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for the common law doctrine of stare decisis, however, "a series of adjudicated cases, all in accord, form the basis for jurisprudence constante." Moreover, the Louisiana Court of Appeals has explicitly noted that jurisprudence constante is merely a secondary source of law, which cannot be authoritative and does not rise to the level of stare decisis.
Japan's process for selecting judges is longer and more stringent than the process in the United States and in Mexico. Assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, and have been appointed by the Supreme Court of Japan. Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney. In the Japanese judicial branch there is the Supreme Court, eight high courts, fifty district courts, fifty family courts, and 438 summary courts.
Justices of the Mexican Supreme Court are appointed by the President of Mexico, and then are approved by the Mexican Senate to serve for a life term. Other justices are appointed by the Supreme Court and serve for six years. Federal courts consist of the 21 magistrates of the Supreme Court, 32 circuit tribunals and 98 district courts. The Supreme Court of Mexico is located in Mexico City. Supreme Court Judges must be of ages 35 to 65 and hold a law degree during the five years preceding their nomination.
United States Supreme Court justices are appointed by the President of the United States and approved by the United States Senate. The Supreme Court justices serve for a life term or until retirement. The Supreme Court is located in Washington, D.C. The United States federal court system consists of 94 federal judicial districts. The 94 districts are then divided into twelve regional circuits. The United States has five different types of courts that are considered subordinate to the Supreme Court: United States bankruptcy courts, United States Court of Appeals for the Federal Circuit, United States Court of International Trade, United States courts of appeals, and United States district courts.
Immigration courts are not part of the judicial branch; immigration judges are employees of the Executive Office for Immigration Review, part of the United States Department of Justice in the executive branch.
The Chief Justice of India (CJI) is the head of the judiciary of India and the Supreme Court of India. The CJI also heads their administrative functions.
As head of the supreme court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law. In accordance with Article 145 of the Constitution of India and the Supreme Court Rules of Procedure of 1966, the Chief Justice allocates all work to the other judges who are bound to refer the matter back to him or her (for re-allocation) in any case where they require it to be looked into by a larger bench of more judges.
On the administrative side, the Chief Justice carries out the following functions: maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court.
It has been an unbroken convention for decades now, to appoint the senior-most judge of the supreme court as the CJI.The present CJI is Justice Ranjan Gogoi, and is the 46th CJI since 3 October 2018. January 1950, the year the Constitution came into effect and the supreme court came into being. He succeeded Justice Dipak Misra on 2 October 2018, and will remain in office till 17 November 2019, the day he retires on turning 65 years in age.Constitution of India
The Constitution of India (IAST: Bhāratīya Saṃvidhāna) is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country on earth. B. R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect.It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution.
It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act, 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day.The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words "secular" and "socialist" were added to the preamble in 1976 during the emergency.Eswatini
Eswatini (Swazi: eSwatini [ɛswəˈtiːni]), officially the Kingdom of Eswatini (Swazi: Umbuso weSwatini) and also known as Swaziland, is a landlocked country in Southern Africa. It is bordered by Mozambique to its northeast and South Africa to its north, west and south. At no more than 200 kilometres (120 mi) north to south and 130 kilometres (81 mi) east to west, Eswatini is one of the smallest countries in Africa; despite this, its climate and topography are diverse, ranging from a cool and mountainous highveld to a hot and dry lowveld.
The population is primarily ethnic Swazis. The language is Swazi (siSwati in native form). The Swazis established their kingdom in the mid-18th century under the leadership of Ngwane III. The country and the Swazi take their names from Mswati II, the 19th-century king under whose rule Swazi territory was expanded and unified; the present boundaries were drawn up in 1881 in the midst of the Scramble for Africa. After the Second Boer War, the kingdom, under the name of Swaziland (), was a British protectorate from 1903 until it regained its independence on 6 September 1968. In April 2018 the official name was changed from Kingdom of Swaziland to Kingdom of Eswatini, mirroring the name commonly used in Swazi.The government is an absolute diarchy, ruled jointly by Ngwenyama ("King") Mswati III and Ndlovukati ("Queen Mother") Ntfombi Tfwala since 1986. The former is the administrative head of state and appoints the country's prime ministers and a number of representatives of both chambers (the Senate and House of Assembly) in the country's parliament, while the latter is the national head of state, serving as keeper of the ritual fetishes of the nation and presiding during the annual Umhlanga rite. Elections are held every five years to determine the House of Assembly and the Senate majority. The current constitution was adopted in 2005. Umhlanga, held in August/September, and incwala, the kingship dance held in December/January, are the nation's most important events.Eswatini is a developing country with a small economy. With a GDP per capita of $9,714, it is classified as a country with a lower-middle income. As a member of the Southern African Customs Union (SACU) and the Common Market for Eastern and Southern Africa (COMESA), its main local trading partner is South Africa; in order to ensure economic stability, Eswatini's currency, the lilangeni, is pegged to the South African rand. Eswatini's major overseas trading partners are the United States and the European Union. The majority of the country's employment is provided by its agricultural and manufacturing sectors. Eswatini is a member of the Southern African Development Community (SADC), the African Union, the Commonwealth of Nations and the United Nations.
The Swazi population faces major health issues: HIV/AIDS and, to a lesser extent, tuberculosis are widespread. It is estimated that 26% of the adult population is HIV-positive. As of 2018, Eswatini has the 12th lowest life expectancy in the world, at 58 years. The population of Eswatini is fairly young, with a median age of 20.5 years and people aged 14 years or younger constituting 37.5% of the country's total population. The present population growth rate is 1.2%.Executive (government)
The executive is the organ exercising authority in and holding responsibility for the governance of a state. The executive executes and enforces law.
In political systems based on the principle of separation of powers, authority is distributed among several branches (executive, legislative, judicial)—an attempt to prevent the concentration of power in the hands of a small group of people. In such a system, the executive does not pass laws (the role of the legislature) or interpret them (the role of the judiciary). Instead, the executive enforces the law as written by the legislature and interpreted by the judiciary. The executive can be the source of certain types of law, such as a decree or executive order. Executive bureaucracies are commonly the source of regulations.
In the Westminster political system, the principle of separation of powers is not as entrenched as in some others. Members of the executive, called ministers, are also members of the legislature, and hence play an important part in both the writing and enforcing of law.
In this context, the executive consists of a leader(s) of an office or multiple offices. Specifically, the top leadership roles of the executive branch may include:
head of state – often the supreme leader, the president or monarch, the chief public representative and living symbol of national unity.
head of government – often the de facto leader, prime minister, overseeing the administration of all affairs of state.
defence minister – overseeing the armed forces, determining military policy and managing external safety.
interior minister – overseeing the police forces, enforcing the law and managing internal safety.
foreign minister – overseeing the diplomatic service, determining foreign policy and managing foreign relations.
finance minister – overseeing the treasury, determining fiscal policy and managing national budget.
justice minister – overseeing criminal prosecutions, corrections, enforcement of court orders.In a presidential system, the leader of the executive is both the head of state and head of government. In a parliamentary system, a cabinet minister responsible to the legislature is the head of government, while the head of state is usually a largely ceremonial monarch or president.Federal judiciary of the United States
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the President with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.Government of India
The Government of India (ISO: Bhārat Sarkār), often abbreviated as GoI, is the union government created by the constitution of India as the legislative, executive and judicial authority of the union of 29 states and seven union territories of a constitutionally democratic republic. It is located in New Delhi, the capital of India.Government of the Philippines
The Government of the Philippines (Filipino: Pamahalaan ng Pilipinas) is the national government of the Philippines. It is governed as unitary state under a presidential representative and democratic and a constitutional republic where the President function as both the head of state and the head of government of the country within a pluriform multi-party system.
The government has three interdependent branches: the legislative branch, the executive branch, and the judicial branch. The powers of the branches are vested by the Constitution of the Philippines in the following: Legislative power is vested in the two-chamber Congress of the Philippines—the Senate is the upper chamber and the House of Representatives is the lower chamber.Executive power is exercised by the government under the leadership of the President. Judicial power is vested in the courts with the Supreme Court of the Philippines as the highest judicial bodyJudicial independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers.
Different countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England.
In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the judiciary perceives that a branch of government is refusing to perform a constitutional duty or by declaring laws passed by the legislature unconstitutional.Judicial system of China
The judicial branch is one of three branches of the government, not the state structure, in the People's Republic of China, along with the executive and legislative branches. Strictly speaking, it refers to the activities of the People's Court system. According to the Constitution law of China, China does not adopt the "separation of power" system as in modern democratic countries, the People's court does not enjoy a separate and independent power, but subject to the control of the People's Assembly.
Constitutionally, the court system is intended to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. Yet the constitution simultaneously emphasizes the principle of the "leadership of the Communist Party."Hong Kong and Macau have separate court systems due to their historical status as British and Portuguese colonies, respectively.Judiciaries of the United Kingdom
The judiciary of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. However, the judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction.Judiciary Act of 1789
The Judiciary Act of 1789 (ch. 20, 1 Stat. 73) was a United States federal statute adopted on September 24, 1789, in the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to a Supreme Court and perhaps local admiralty judges. The Congress, however, decided to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.Judiciary of Brazil
The Judiciary of Brazil is the Judiciary branch of the Brazilian government. The structure and the division of jurisdiction of the ramifications of the Brazilian Judiciary is defined in the Brazilian Constitution.Judiciary of India
The Indian Judiciary administers a common law system of legal jurisdiction, in which customs, precedents and legislation, all codify the law of the land. It has in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the mid-19th century, and has partly retained characteristics of practices from the ancient and medieval times.There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of precedence, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
After this, the Executive Hierarchy starts. While not Judicial officers, they hold magisterial power to try minor cases that are not brought before the Civil Courts.Judiciary of Russia
The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court, Supreme Court, and Supreme Court of Arbitration at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Judicial Qualification Collegia, the Ministry of Justice, and the various courts' chairpersons. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.
The judiciary faces many problems and a widespread lack of confidence but has also made much progress in recent times. There have been serious violations of the accepted separation of powers doctrine, systematic attempts to undermine jury trials, problems with access to justice, problems with court infrastructure, financial support, and corruption. But the judiciary has also seen a fairer and more efficient administration, a strengthening of the rule of law, moves towards a more adversarial system, and increased utilization of the justice system under Putin.List of federal judges appointed by Donald Trump
This is a comprehensive list of all Article III and Article IV United States federal judges appointed by Donald Trump during his presidency, as well as a partial list of Article I federal judicial appointments, excluding appointments to the District of Columbia judiciary.As of April 10, 2019, the United States Senate has confirmed 97 Article III judges nominated by President Trump, including 2 Associate Justices of the Supreme Court of the United States, 37 judges for the United States Courts of Appeals, 58 judges for the United States District Courts, and 0 judges for the United States Court of International Trade. There are currently 60 nominations to Article III courts awaiting Senate action, including 5 for the Courts of Appeals, 53 for the District Courts, and 2 for the Court of International Trade. There are currently 8 vacancies on the U.S. Courts of Appeals, 125 vacancies on the U.S. District Courts, 4 vacancies on the U.S. Court of International Trade, and 16 announced federal judicial vacancies that will occur before the end of Trump's first term (2 for the Courts of Appeals and 14 for District Courts). Trump has not made any recess appointments to the federal courts.
In terms of Article I courts, as of March 5, 2019, the Senate has confirmed 7 judges nominated by Trump, including 2 for the United States Tax Court, 4 for the United States Court of Appeals for Veterans Claims, and 1 for the United States Court of Appeals for the Armed Forces. There are currently 9 nominations to Article I courts awaiting Senate action, including 4 for the United States Court of Federal Claims, 4 for the Tax Court, and 1 for the United States Court of Military Commission Review. Trump designated Susan G. Braden and Margaret M. Sweeney as chief judges of the Court of Federal Claims.
In terms of Article IV territorial courts, Trump has not made any appointments or elevated any judges to the position of chief judge.Separation of powers
The separation of powers is a model for the governance of a state. Under this model, a state's government is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is the trias politica model. It can be contrasted with the fusion of powers in some parliamentary systems where the executive and legislative branches overlap.
Separation of powers, therefore, refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent of separation of powers is to prevent the concentration of unchecked power by providing for "checks" and "balances" to avoid autocracy, over-reaching by one branch over another, and the attending efficiency of governing by one actor without need for negotiation and compromise with any other.
The separation of powers model is often imprecisely and metonymically used interchangeably with the trias politica principle. While the trias politica is a common type of model, there are governments which utilize bipartite, rather than tripartite, systems as mentioned later in the article.Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England, where the office originated. There is an analogous although independently developed office in Iceland that is commonly translated to English as sheriff, and this is discussed below.United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement entities. The Judiciary Committee is also the committee responsible for impeachments of federal officials. Because of the legal nature of its oversight, committee members usually have a legal background, but this is not required.
In the 116th Congress, the chairman of the committee is Democrat Jerry Nadler of New York, and the ranking minority member is Republican Doug Collins of Georgia.United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. Senators whose role is to oversee the Department of Justice (DOJ), consider executive nominations, and review pending legislation.The Judiciary Committee's oversight of the DOJ includes all of the agencies under the DOJ's jurisdiction, such as the FBI. It also has oversight of the Department of Homeland Security (DHS). The Committee considers presidential nominations for positions in the DOJ, the Office of National Drug Control Policy, the State Justice Institute, and certain positions in the Department of Commerce and DHS. It is also in charge of holding hearings and investigating judicial nominations to the Supreme Court, the U.S. court of appeals, the U.S. district courts, and the Court of International Trade. The Standing Rules of the Senate confer jurisdiction to the Senate Judiciary Committee in certain areas, such as considering proposed constitutional amendments and legislation related to federal criminal law, human rights law, immigration, intellectual property, antitrust law, and internet privacy.
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