What is the Judiciary and Its Functions

The judiciary is the power that the State has to take care of and comply with the laws of the constitution, as well as of administer justice in a country through the application of pre-established laws and regulations.

The State is made up of three public powers: the executive power, the legislative power and the judicial power. Each of these powers have particular faculties that they carry out through various entities.

Therefore, the judiciary is intended to ensure compliance with the constitution and laws in general, enforce the responsibilities of companies and protect the rights of citizens.

Judicial power is exercised by judges, prosecutors and magistrates who work in the Supreme Court or the Supreme Court, which is the highest representative of justice, by courts and other tribunals, where they are responsible for deciding which laws or regulations should be applied in each case.

On the other hand, these representatives of the judicial power have the power to impose their judgments on the legislative power or the executive power as long as they fail to comply with their functions or carry out actions that promote laws superior to the existing ones.

The judiciary functions autonomously from the legislative and executive powers in order to guarantee its rulings. That is why there is a division of powers, whose purpose is to prevent the abuse of power and protect the rights of citizens.

See also the meaning of Division of powers.

Functions of the judiciary

The main function of the judiciary is to care for and enforce the legal regulations stipulated in the constitution of a country.

Another of the functions of the judiciary is to control and prevent the executive power from incurring in excesses of power, that is, that the president of a country commits abuse of power and limits the freedom of citizens or exceeds the limits imposed by law.

You may be interested:  Human Relations

In these cases, the judiciary must act as an independent power and guarantee the administration of justice according to the law. However, this only occurs in democratic government systems and not in totalitarian systems.

The judicial bodies, that is, the Supreme Court or Supreme Court, courts or other tribunals, are stable over time, their functions are permanent and their obligations cannot be delegated to third parties.

However, it should also be noted that the judiciary must only act on the law itself and when one of the parties involved in an irregular situation makes the request.