What is the judiciary and what does it do?
The judiciary is the system of courts and judges. Its power is judicial power: the power to settle disputes by applying the law. Courts:
- settle civil disputes between people or firms (money, property, contracts, family);
- decide criminal cases, where the state accuses someone of a crime;
- protect people's rights against anyone, including the government;
- check that laws and government actions follow the constitution.
Only courts may use judicial power. A minister or a police officer cannot declare someone guilty.
Separation of powers and independence of judges
In a democracy, power is divided: the legislature (parliament) makes laws, the executive (government) carries them out, and the judiciary judges by law. Each checks the others.
Judges must be independent. Common safeguards:
- appointment through a fair, open process, often with a judicial council (a body of judges and lawyers that selects, promotes and disciplines judges);
- long, secure terms or a fixed retirement age;
- salaries that cannot be cut to put pressure on them;
- removal only for serious misconduct, through a strict procedure;
- immunity for their decisions, and a ban on outside jobs and political party membership.
In return judges must be impartial: they step away from any case where they have a personal interest.
Levels of courts and appeals
Most countries have three levels:
- First-instance courts (local or district courts): hear a case first, look at evidence and witnesses.
- Appeal courts (high or regional courts): re-check a decision if a side believes it was wrong.
- Supreme court: the highest court for ordinary cases; its decisions are final and guide all lower courts so the law is applied the same way everywhere.
Some systems also have specialised courts: administrative courts (cases against government bodies), commercial courts, family or juvenile courts, labour courts. Small disputes can also be settled outside court by mediation or arbitration.
Constitutional court and judicial review
The constitution is the highest law. Judicial review is the power of a court to check whether a law or government act fits the constitution, and to cancel it if it does not.
- Separate constitutional court: a special court only for constitutional questions (examples: South Korea, Germany, Ukraine, Italy). It may also settle disputes between state bodies, decide on banning unconstitutional parties or on impeachment.
- Supreme court does it: ordinary top court also checks laws (examples: India, USA, Japan).
Through judicial review, courts protect minorities and basic rights from a temporary majority.
Principles of a fair trial
- Equality before the law: rich or poor, official or citizen.
- Presumption of innocence: the accused is innocent until guilt is proved.
- Right to be heard and to a lawyer; free legal aid for those who cannot pay.
- Open hearings: the public and press may usually attend.
- Reasoned decisions and the right to appeal.
- Trial within a reasonable time: justice delayed is justice denied.
In some countries ordinary citizens also take part as jurors or lay judges.
Try it
Hold a mini mock trial at home or in class: one person is the judge, two argue sides of a simple dispute (who ate the last mango?). The judge must listen to both and give a reason for the decision. Then play the court sorter in the last 3D step: predict the court first, then check.
Key formulas and definitions
- Judicial power = the power to settle disputes by applying the law
- Three branches: legislature (makes laws), executive (carries out), judiciary (judges)
- Court ladder: first instance → appeal → supreme court
- Judicial review: law vs constitution → valid or invalid
- Constitutional court: separate court for constitutional questions
- Fair trial: independent, impartial, public, presumption of innocence, right to appeal
Worked examples
1. A company refuses to refund a faulty phone. Is this a civil or a criminal case, and where does it start?
Civil (a dispute between a buyer and a seller about a contract). It starts in a first-instance court or a consumer court.
2. Parliament passes a law that lets police search homes without any reason. Which court power can stop it?
Judicial review. A constitutional court (or the supreme court, depending on the country) can declare the law invalid because it breaks the right to privacy.
3. Why can't the government lower a judge's salary when it dislikes a ruling?
Because that would pressure judges and destroy their independence. Salary protection lets judges decide only by law.
4. A man is convicted of theft. He believes the evidence was misread. What can he do?
He can appeal to a higher court, which re-checks the decision. If still unhappy, the case may go to the supreme court on points of law.
5. Compare: in country X a separate constitutional court reviews laws; in country Y the supreme court does. What is the same?
In both, a court can cancel laws that break the constitution. The difference is only which court holds the power.
Common mistakes
- Thinking the police or a minister can declare someone guilty. Only a court can.
- Mixing up appeal (asking a higher court to re-check) with starting a new case.
- Thinking judicial review means courts make new laws. They only check laws against the constitution.
- Thinking independence means judges can do anything. They are bound by the law and must be impartial.