judicatory n : the system of law courts that administer justice and constitute the judicial branch of government [syn: judiciary, judicature, judicial system]
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.
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. It construes the laws enacted by the legislature.
- 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:
- In Indian democracy, courts have the final say until the constitution itself is amended, although a supreme court judgment in 1970s 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.
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.
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.
judicatory in Arabic: سلطة قضائية
judicatory in Min Nan: Su-hoat
judicatory in Bosnian: Sudska vlast
judicatory in Bulgarian: Съдебна власт
judicatory in Catalan: Poder judicial
judicatory in Danish: Dømmende magt
judicatory in German: Rechtsprechung
judicatory in Spanish: Poder judicial
judicatory in French: Pouvoir judiciaire
judicatory in Indonesian: Kehakiman
judicatory in Italian: Potere giudiziario
judicatory in Hebrew: הרשות השופטת
judicatory in Lithuanian: Teisminė valdžia
judicatory in Macedonian: Судска власт
judicatory in Malay (macrolanguage): Kehakiman
judicatory in Dutch: Rechterlijke macht
judicatory in Japanese: 司法
judicatory in Norwegian: Dømmende makt
judicatory in Low German: Rechtsprekend Macht
judicatory in Polish: Władza sądownicza
judicatory in Portuguese: Poder judicial
judicatory in Simple English: Judiciary
judicatory in Serbian: Судска власт
judicatory in Swedish: Dömande makt
judicatory in Thai: อำนาจตุลาการ
judicatory in Vietnamese: Tư pháp
judicatory in Ukrainian: Судова влада
judicatory in Chinese: 司法