Judiciary

Presented to:Presented to: “Ma,am Sania Zara”.

Presented by: Ghazala Arif”

Judiciary.

Judiciary

The Judiciary  (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state.

Organization.

Judicial structure is built on different principles. It has hierarchal stages with lower courts at the bottom

and the supreme or high court at the top.. Different types of courts are involved in the

administration of justice in the modern states.

Courts. Civil or criminal court.

Administrative court.

Special court.

Civil or Criminal Court.

Common courts settle the disputes arising among the individuals in civil and criminal cases.

In criminal proceedings, generally jury trial is adopted though it is adopted in certain civil cases as well.

In some countries both civil and criminal cases are tried in the same courts while in other countries including Pakistan separate courts are established for hearing civil and criminal cases.

Administrative Court.

In most of the European States, especially in France, separate administrative courts decide the cases involving administrative matters and the branches of such courts exist in almost all important administrative departments. These courts settle the disputes arising among public officials and the disputes in which any public official and private individuals are parties.

In the beginning the administrative officials used toe exercise judicial powers, later regular courts were established.

Special Courts.

Special courts are established to decide special cases. Example: Military courts, work in most of the countries to settle disputes arising among the military personnel.

In America and Britain , circuit courts are also part of the judiciary. These courts have no permanent seat but hold their sessions at different places.

In Pakistan however, there exists a single judicial hierarchy.

Independence of Judiciary

Its mean that the judges should be free from all the pressure to decide the cases neutral according to their conscience.

Different rules and regulation are:1. Method of appointment.2. Election.3. Nomination and selection.4. Duration of service.5. Removal.

Functions;

There are five function of judiciary.

1. Primary function.2. Protection of rights.3. Interpretation of the constitution.4. Advisory jurisdiction.5. Administrative functions.

Primary Function

Protection of fundamental rights and the enforcement of justice in a society depends, on the role of judiciary.

Judiciary protect the opressed and weak persons from exploitation.

A Judge is not basically concern to examine the validity of law, his basic function is to apply it in the settlement of disputes.

Protection of rights,

To protect rights of the people. The court have performed this function in a benefiting

manner even in some political system having dictorial rule, in such countries the judiciary has been the only institution that ensured the protection of public liberties.

Interpretation of the Constitution.

In those countries where constitution stands paramount superior courts act as its guardian.

Example, in America the supreme court , through its power of Judicial Review, can declare null and void any law, decree, policy or action of the government , if it clashes with the Constitutional law.

Advisory Jurisdiction.

Superior courts in some countries advise the government on points of law, and can also give declaratory judgement in which the courts point out the intention of the law.

Under the constitution of Pakistan, the president authorized to get the advice of the courts in legal matters whereas in America the courts can neither give declaratory judgement nor issue any advice.

Administrative Function

The function of the courts are not restricted to the settlement of disputes, they perform some administrative duties as well. This includes the appointment of judicial staff, issuance of license persons, supervision of wills and of the property of insane appointment of receivers for bankrupt persons and institutions.

Relation with Executive.

They have relation with executive in two types.

a) Executive Control.b) Supremacy of judiciary.

Executive Control

In ancient societies the executive had unlimited judicial powers as well. With the development of democratic ideals and the advancement of civilization , judiciary gradually became to a greater extent independent of executive control. The executive still exercises some judicial powers in most of the states

Example; Chief Executive, appoints the judges of superior courts and thereby the executive can bring changes in the organization of judiciary.

Supremacy of Judiciary

The courts have generally upper hand on the administrative setup.

In those states where judicial procedure is based on RULE OF LAW, public officials are tried in the same courts along with the private persons for all offences.

In independence of judiciary is an accepted doctrine in order to save public liberties from the encroachment of public officials.

Relation with Legislature.

Judiciary applies the laws enacted by the legislature. In america and britian, the upper legislative chamber

have certain judicial powers as well. Judges are elected by the legislatures in some countries and can also be impeached.

Judicial supremacy:Being an independent branch of the government judiciary

enjoys a privileged position over legislature.

Judicial supremacy.

Being an independent branch of the government judiciary enjoys a privileged position over

legislature, under most of the federal constitution, supreme court as the guardian of the constitution

can declared void the enactment of the legislature as are against the constitution.

This power of JUDICIAL REVIEW was not explicitly wriiten in the American constituions but was later asserted as implied power by chief justice Marshall in the case of Marbury/ Madisson of 1803.

The court exercise the power of JUDICIAL REVIEW only when an issue is brought in the form of a case or controversy.