The role of Courts, Judiciary, Police and Prisons
Introduction
Every country has the system of legislature, executive and judiciary for the smooth functioning of the community. These bodies are designed with certain rules and regulations on which they perform. Roles and functions of these agencies work together to coordinate the whole functioning of the community. These four are interconnected and work together. One important thing is that all these institutions are taking care of laws and its implementation. It is the group which control and make decisions for a country, state. These are the systems by which a state or community is controlled.
Role of Courts The essential obligation of the Supreme Court is to
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The Supreme Court of India enjoys limited power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights, the Supreme Court may declare that law as unlawful or unconstitutional. If any law is inconsistent with the spirit or letter of the constitution and if the government oversteps the legal bounds, it is for the Supreme Court to see to it. The courts are one of the three branches of government, working nearby however freely of the Legislature (Parliament) and the Executive (Cabinet and Ministers outside Cabinet in addition to government divisions). Generally as the Judiciary is free from alternate branches of Government, so every judge is autonomous from every single other judge. Judges are along these lines allowed to settle on their choices without bearing from whatever other judge, in the same way that they can't be affected in their choices by alternate branches of government or some other sort of …show more content…
The term is used to refer broadly to the courts, the judges, magistrates, adjudicators and other support personnel who run the system. The courts apply the law, and settle disputes and punish law-breakers according to the law. Our judicial system is a key aspect of our democratic way of life. It upholds peace, order and good government. Citizens look to the judiciary to uphold their rights and governments look to the courts to interpret laws. The judiciary must act without fear of powerful interests, and without favoring individual parties. A court’s ability to deliver justice depends on its power to enforce its rulings. Only a court of appeal can overturn the ruling of a lower court.
Importance of the Judiciary: The importance of the judiciary in a democratic society can hardly be exaggerated. Judiciary is a part of the democratic process. Judiciary not only administers justice, it protects the rights of the citizens and it acts as the interpreter and guardian of the constitution. In many states the judiciary enjoys the power of judicial review by virtue of which the judiciary decides the constitutional validity of the laws enacted or of the decree issued. It can invalidate such laws and decrees which are not
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
It did not originally have the power of judicial review until 1803 in the case of Marbury vs. Madison (Young, 283), which then gave the Supreme Court the power to interpret the Constitution and overrule any law or action that was unconstitutional. As part of the political system, the selection of judges has choice of the President and confirmed by the Senate. Once appointed, federal Judges are in the seat until they resign or die and are independent of the President's influence. (Burns, 360-361) For example, the chief justice of the United States is appointed and holds tenure for life.
Judges could also be considered more powerful than the prime minister or president because it is the Supreme Court that makes laws for the country. Judges have an essential role in democracy by supporting human rights and setting new precedents in controversial cases. However, judges could also be a possible threat towards democracy. Judges could be threats to democracy due to corruption and biased opinions on cases. To sum it up, judges play a vital role in democracy because without judges democracy will not function without them.
Every country has a justice system in place in their society in order to maintain peace and equality. The Criminal Justice System gives civilians the opportunity to receive justice through a legal system while giving them a fair chance to deal with negligence and misconduct. There are several components that work together to enforce the purpose of the Criminal Justice System. Most obviously, it includes the rules and laws entrenched in the Charter and Constitution in which prosecutors and judges base their decisions. Secondly, it consists of the parliament who is responsible for putting these laws together.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
In no other democracy does a court hold so much political power and in particular power over public policy decisions.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The judiciary branch is the seen as the “least dangerous” branch; therefore, it will not be able to attack the way the other two branches can and it cannot defend itself against attacks. The judicial branch is only seen as one that can pass judgment on cases that are either constitutional or unconstitutional, but it cannot act on it; therefore, the reason they are seen as less dangerous and cannot compare to the power that the executive and legislative branch have. They have to hear appeals,
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.
Judicial review promotes democracy when the political system poses a threat to democratic reform. It can also serve as a supervisor for Congress and the President to make sure they are not overstepping their boundaries. It is an imperfect constitutional institution. And yet, judicial review is not inherently anti-democratic as it is a necessary proceeding for the functioning of the US system of government and democratic society.
This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group.... ... middle of paper ... ... Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems, (4th edn, Sweet & Maxwell 2010).
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.