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What is Judiciary

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September 3, 2024

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The judiciary is the third organ of the government. The first two organs of the government include; the legislature and executive. The judiciary provides justice to the state and its individuals. Without an effective and efficient judiciary, there can be no peace. The judiciary plays different functions in every state. Some of the most important functions of the judiciary include; settlement of the dispute, interpretation of the laws, preventive justice, judicial review, advisory opinion, and some non-judicial functions. Settlement of disputes is one of the important functions of the judiciary. It settles down conflicts among the contending parties. Preventive justice means avoiding conflict from happening in the future. At large, the judiciary plays an important role in the development of a state. Different methods are used to appoint judges around the world. Some countries use elections to choose the judges. Some states in the United States of America employ this method. In addition to this method, some countries, like Switzerland appoint federal judges through the legislature. The Federal Legislature appoint the judges in the Federal Court of Switzerland. Aside from this method, a widely used method is that the judges are appointed by the executive. The president names the judges or approves the names of the judges given by some judicial commission. Besides this, competitive exams are also used to recruit judges in the courts. There are different types of courts as well. Some courts handle criminal cases while other courts handle civil cases. Federal courts handle the cases which involve federation and the federating states. Judicial Review is another important concept in the Judiciary. The judges of the Federal court can void any law passed by the parliament if they think it violates the fundamental principles of the Constitution. The concept of judicial review emerged in a case involving Marbury and Madison. The chief justice of the American court at that time was John Marshall. Marshall introduced the concept of judicial review in that case. Apart from this, the Judiciary also maintains the rule of law by safeguarding the rights of the people against arbitrary punishments. The law is supreme and everyone is equal before the law. This supremacy of the law is ensured by the judges.

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Guests & Subjects Covered

United StatesThe Federal LegislatureFederal CourtSwitzerland AsideJudicial ReviewJudiciary TheConstitution TheMadison The

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