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In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. Image File history File links Question_book-3. ... For other uses, see Politics (disambiguation). ... This is a list of political topics, including political science terms, political philosophies, political issues, etc. ... The Politics series Politics Portal This box:      Consent of the governed is a political theory stating that a governments legitimacy and moral right to use state power is, or ought to be, derived from the people or society over which that power is exercised. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... This list summarises the country subdivisions which have a separate article on their politics. ... The Politics series Politics Portal This box:      Political economy was the original term for the study of production, the acts of buying and selling, and their relationships to laws, customs and government. ... The Politics series Politics Portal This box:      Political history is the narrative and analysis of political events, ideas, movements, and leaders. ... The Politics series Politics Portal This box:      Political philosophy is the study of fundamental questions about the state, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why (or even if) they are needed, what makes a government legitimate, what... The Politics series Politics Portal This box:      Political Science is the field concerning the theory and practice of politics and the description and analysis of political systems and political behaviour. ... Foreign affairs redirects here. ... Main International relations theory Politics Portal This box:      International relations theory attempts to provide a conceptual model upon which international relations can be analyzed. ... This is a list of notable political scientists. ... The Politics series Politics Portal This box:      Comparative politics is a subfield of political science, characterized by an empirical approach based on the comparative method. ... Public Administration can be broadly described as the development, implementation and study of government policy. ... The Politics series Politics Portal This box:      This article is about the sociological concept. ... Street-level bureaucracy is a term used to refer to a public agency employee who actually performs the actions that implement laws. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... “Sovereign” redirects here. ... The psychodynamics of decision-making form a basis to understand institutional functioning. ... This article is about the political process. ... Vote redirects here. ... For theological federalism, see Covenant Theology. ... A form of government (also referred to as a system of government or a political system) is a system composed of various people, institutions and their relations in regard to the governance of a state. ... Political Ideologies Part of the Politics series Politics Portal This box:      An ideology is an organized collection of ideas. ... “Electioneering” redirects here. ... Political Parties redirects here. ... For other uses, see Law (disambiguation). ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... This article is about the concept of justice. ... “Sovereign” redirects here. ... For other uses, see State (disambiguation). ... It has been suggested that Adjudication be merged into this article or section. ...


The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly. Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law. This article does not cite any references or sources. ... A magistrate is a judicial officer. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...

  • In common law jurisdictions, case law is created by the courts' interpretations as a result of the principle of stare decisis;
  • In civil law jurisdictions, courts interpret the law, but are, at least in theory, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged; in practice, jurisprudence plays the same role as case law;
  • In socialist law, the primary responsibility for interpreting the law belongs to the legislature.

This difference can be seen by comparing India, United States, France and the People's Republic of China: This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Case law (also known as decisional law) is that body of reported judicial opinions in countries that have common law legal systems that are published and thereby become precedent, i. ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. ... For other uses of civil law, see civil law. ... For the jurisprudence of courts, see Case law. ... It has been suggested that this article or section be merged with Socialist Legality. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ...

  • In Indian democracy, courts have the final say until the constitution itself is amended, although a supreme court judgement in 1970's ruled that Parliament doesn't have the authority to change the basic structure of Indian constitution.
  • in the United States government, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it;
  • in France, the final authority on the interpretation of the law is the Conseil d'État for administrative cases, and the Court of Cassation for civil and criminal cases;
  • and in the PRC, the final authority on the interpretation of the law is the National People's Congress.
  • Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority but criminal cases have four stages, one more than civil law.

It is said that the famed Byzantine Emperor Justinian had the Corpus Juris Civilis compiled and all other decisions by jurists burned to create certainty in the law. Again in the 19th century, French legal scholars at the time of the development of the Code Napoléon advocated the same kind of approach — it was believed that since the law was being written down precisely, it should not need interpretation; and if it did need interpretation, it could be referred to those who wrote the code. Napoleon, who was an advocate of this approach, felt that the task of interpreting the law should be left with the elected legislature, not with unelected judges. This contrasted with the pre-revolutionary situation in France, where unelected 'parliaments' defending the interests of the nobility would often slow the enforcement of royal decisions, including much needed reforms. This article describes the government of the United States. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ... The Court of Cassation (Cour de cassation in French) is the main court of last resort in France. ... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... This is a list of Byzantine Emperors. ... This article is about the Roman emperor. ... Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) is the modern name[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... First page of the 1804 original edition The original Napoleonic Code, or Code Napoléon (originally called the Code civil des français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ... The House of Representatives Chamber of the Parliament of Australia in Canberra. ...


However, this idea was found difficult to implement in practice. In France, along with other countries that Napoleon had conquered, or where there was a reception of the Civil Code approach, judges once again assumed an important role, like their English counterparts. In civil law jurisdictions at present, judges interpret the law to about the same extent as in common law jurisdictions – though it may be acknowledged in theory in a different manner than in the common law tradition which directly recognizes the limited power of judges to make law. For instance, in France, the jurisprudence constante of the Cour de cassation or the Conseil d'État is equivalent in practice with case law. The Court of Cassation (Cour de cassation in French) is the main court of last resort in France. ... In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ... Case law (also known as decisional law) is that body of reported judicial opinions in countries that have common law legal systems that are published and thereby become precedent, i. ...


In theory, in the French civil law tradition, a judge does not make new law; he or she merely interprets the intents of "the Legislator." The role of interpretation is traditionally approached more conservatively in civil law jurisdictions than in common law jurisdictions. When the law fails to deal with a situation, doctrinal writers and not judges call for legislative reform, though these legal scholars sometimes influence judicial decisionmaking. So-called "Socialist" law adopted the status of civil law, but added to it a new line of thought derived from Communism — the interpretation of the law is ultimately political, and should serve the purposes of Communism, and hence should not be left to a non-political organ. A legislator (or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. ... This article is about the form of society and political movement. ...


See also

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Wikipedia does not have an article with this exact name. ... Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 151 languages. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... For other uses, see Law (disambiguation). ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Not to be confused with torte, an iced cake. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links Scale_of_justice_2. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Immigration law refers to national government policies which control the phenomenon of immigration to their country. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... Corporate law (also corporations law or company law) refers to the law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies (Ltd or Pty Ltd), publicly limited companies (plc) or incorporated businesses (Inc. ... Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, put into administration—see text) in the United Kingdom. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... Antitrust redirects here. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... International law deals with the relationships between states, or between persons or entities in different states. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... 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It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... This article is about Islamic religious law. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... For the jurisprudence of courts, see Case law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... Sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. ... For other uses, see Law (disambiguation). ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... The Politics series Politics Portal This box:      This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

  Results from FactBites:
 
Judiciary - Wikipedia, the free encyclopedia (673 words)
In law, the judiciary or judicature is the system of courts which administer justice in the name of the sovereign or state, and provide a mechanism for the resolution of disputes.
The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly.
Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law.
  More results at FactBites »

 
 

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