- 15 attributions / powers of the judiciary
- 1- Administer justice
- 2- Apply the law
- 3- Order the judicial system
- 4- Witness the operation of the state
- 5- Control legality
- 6- Guarantee rights
- 7- Collaborate in the creation and modification of new laws
- 8- Set taxes
- 9- Coparticipation
- 10- Set limits
- 11- Legislate international treaties
- 12- Head of prisons
- 13- Approve the introduction of troops
- 14- Have federal intervention
- 15- Ensure governance
- The idea of justice
- Symbolization
- References
The powers of the judiciary depend on the country, since each has a particular organization within the division of powers, but all are constituted on three central pillars: the executive, the legislative and the judicial.
The judiciary is one of the three powers of the state in democratically organized countries; its main powers are the administration and enforcement of justice.
As an independent power, it must enjoy three fundamental conditions for its exercise to be valid: impartiality, autonomy and absolute power within the law.
This way of conceiving societies has its origin in the theory of the French thinker Montesquieu, who in The Spirit of Laws established that this separation guarantees the freedom and participation of citizens.
This thought is based on the ideas of power and the State of Antiquity, in which men sacrifice the possibility of being completely free to ensure care against an attack against their rights.
The division of powers guarantees equity of participation and citizen representation, with the executive branch being responsible for the general actions of the State, the legislative branch responsible for the preparation, approval and supervision of legislation, and the judicial branch, which controls, judges and sanctions. compliance with laws.
This separation of powers means that the three estates of the state can act in a complementary and free way, maintaining the independence of the other two powers. That is the main mission as a whole: to guarantee the functioning of the state.
15 attributions / powers of the judiciary
1- Administer justice
As the maximum interpreter of the internal laws of a nation, the judiciary watches as the guardian of the current legislation and must administer justice in an equitable manner, and impart and execute norms.
2- Apply the law
The judiciary is responsible for impartially applying the norms that express the popular will, so one of its attributions is the application and interpretation of the laws, thus guaranteeing the rule of law. The consequence of this is to impart justice.
3- Order the judicial system
The decisions of the judiciary must be complied with by all the lower courts within a given territory, so the conclusions of this establishment order the judicial system of a society.
4- Witness the operation of the state
Officials of the judiciary are those who attest to the appointment of all those responsible for the state, in their role of certifying if they comply with the law to be able to occupy those positions of privilege.
5- Control legality
As those responsible for compliance with the law, the judiciary must subject all public powers to effective compliance with the laws, without exception. The judiciary must also respect this mandate.
In addition, it must control the legality of all administrative actions of a company.
6- Guarantee rights
Another of the attributions of this establishment is to offer to all the people, over whom it has jurisdiction, a guardianship and an effective care of the legitimate rights.
In the event that someone is being violated in their freedom and rights, it is the judiciary that must ensure fair treatment.
In this sense, it should be clarified that in its resolutions it can only make different interpretations for certain cases, but never modify a general law of the state without the agreement with the other two powers.
7- Collaborate in the creation and modification of new laws
The power to create a legal framework is the primary responsibility of the legislative branch, however, the judiciary must offer its disinterested and professional advice for an effective preparation of the rules.
8- Set taxes
The judiciary has the power to regulate taxes for the import and export of goods and services between countries, but also within borders.
9- Coparticipation
The judiciary is responsible for ensuring the distribution of State funds, obtained through taxes, and their equitable distribution among its districts.
10- Set limits
The external and internal borders are an attribution of this governmental establishment, which must set the limits both with other countries and between their districts among themselves.
11- Legislate international treaties
This is an attribution that it shares with the other two powers of the state, in which it must approve or annul international treaties.
12- Head of prisons
The judiciary must exercise exclusive jurisdiction in the internal regime of prisons, in which the sentences handed down by justice are served for non-compliance with the law.
13- Approve the introduction of troops
Both for internal and external exercises, the mobilization of military troops must be approved by the judiciary.
It is this establishment that allows international delegations to enter its territory, or dictates the mobilization of its own forces to another terrain.
14- Have federal intervention
Given the need for the State to exercise its power to intervene over a district, the judiciary must decide the legality of that action.
If this statement establishes that it cannot be carried out, an intervention is considered a violation of rights, which is why it is illegal and therefore unfeasible.
15- Ensure governance
Faced with a headless situation of the executive power, the judiciary must guarantee governability through the mission of its officials, without exception.
Depending on the legislation of each country, the possibility of exercising the attributions of another power varies, but in all cases it is responsible for the rule of law in force.
The idea of justice
The judicial power ensures the justice of a society, something as complex as the definition of the word justice itself. This term has up to 11 different meanings in the dictionary of the Royal Spanish Academy.
It is a power, a value, a faculty, a quality and a right, among many other possible descriptions, and in all cases it is the same for all members of a society without any distinction.
In any of its definitions, justice is linked to reason, law and equity, and as a concept it accompanies humanity from the origins of life in society.
The etymology of the word is not without ambiguities, some theorists link it to the spiritual life of the Romans, others to the concept of equality.
Symbolization
Different representations of the goddess Justice
Justice is symbolized by the Roman goddess Iustitia, a figure equivalent to the Greek goddess Themis. This personification in a female body, blindfolded and a scale in hand has an explanation.
Based on the foundation of moral force, this representation is inspired by the goddess Maat, who could hold the scales of God's justice.
This idea of counterweight between the parties, symbolizes the support force of a case and its opposition. It is always the right hand that carries the balance.
The statues and sphinxes that represent justice, show in the left hand a sword, which represents the power of reason and justice.
While the blindfold accounts for faith, objectivity and fairness. Justice is blind, as conceived by theorists.
In this article we will develop the powers of the judiciary, whose powers are exclusive and exclusive, and no other establishment can hold them. These functions and their conformation may vary from country to country.
References
- The spirit of the laws, Charles de Secondat de Montesquieu, Isthmus, Spain, 2002.
- The fundamental virtues, Josef Pieper, Ediciones Rialp, 1997.
- Judges and politics: Judiciary and democracy, Carlo Guarnier, Patrizia Pederzoli, Taurus, 1999.