- Part 1: Thesis
- Part 2: Body
- Part 3: Conclusion
- Reference page
The judiciary refers to a system of courts, which help in the interpretation and application of laws within a state. It is a system that also helps in the resolution of disputes within the state. There exist a clear cut difference between the legislature and the judiciary (Malleson, 2005). The legislature has the responsibility of making the laws, but the judiciary interprets the law and applies it to the situation at hand. The judiciary system helps in solving disputes and fostering justice. One of the key aspects of any judiciary system around the world is the carefully ordered hierarchy (Burnham, 2006). The judiciary system is established and recognized by the constitution, and it is based on fundamental belief in the rule of law. Depending on the different states, the court system is complicated and can be confusing. This is because different cases are solved by courts. For instance, criminal cases start at magistrate court. If they get serious, they are taken to Crown courts (Burnham, 2006). If they get complicated they will be taken to High Court or Court of Appeal and finally to the Supreme Court. In most cases, civil cases are solved by at the magistrate level (Summers, 2006).
Part 1: Thesis
The judiciary system, being the third arm of the government, defends and upholds the constitution and assures the system of law prevails. In its mandate, the judiciary system reflects the level of the court or judge jurisdiction (Martinez, 2003). The main element in the judiciary system is protecting people from the wrong-doings of others, the weak from the strong and the unlawful or unwarranted exercise of power by the State.
Part 2: Body
The rule of law is crucial in the creation and preservation of an advanced and civilized society. When the judiciary system responsively punishes the wrongs and resolves the discords through independent and unbiased application of laws, tranquility and equality is fostered within the social environment (Gibson, Cavadino & Faulkner, 2008). Working to enhance the proper course of law, the judiciary system can instill confidence and some form of allegiance to the legal processes.
The judges are the people who are charged with the responsibility of instilling justice and providing a framework within which people can get protection and resolve the disputes effectively (Malleson, 2005). In clamors of competing interests, the judge should be fair in redressing the disputes. He/she is not allowed to favor one side over the other (Burnham, 2006). By ensuring equal treatment and appreciation of human diversity, the judiciary system demonstrates protections and sanctions provided by the law apply to all people.
Unfortunately, economic, cultural, racial and social barriers in the judiciary system still exist. With the increase in the complexity in the modern society structure, constructive ways need to be made to ensure that every individual regardless of his/her economic status pays for the criminal behavior in courts (Martinez, 2003). This brings into scope the issue of justice and fairness. These two aspects should be inseparable and be the hallmark of the judicial system (Malleson, 2005). This task is left to the judicial system to design the procedures and policies that enhance non-preferential judgment (Summers, 2006).
Part 3: Conclusion
The judiciary system is not only pivotal in the interpretation of laws but also in day to day applications of the same. Despite its importance in the system of governance, it is facing issues that hinder the efforts of creating justice in the society (Gibson, Cavadino & Faulkner, 2008). The validity of any law depends on whether it is socially right or wrong. Democracies around the world have produced socially beneficial laws and enforcement of these laws is central to the existence of the government. The Judiciary systems together with the other arms of government serve this purpose (Martinez, 2003).
Burnham, W. (2006). Introduction to the law and legal system of the United States. St. Paul, MN: Thomson/West.
Gibson, B., Cavadino, P., & Faulkner, D. (2008). The criminal justice system: An introduction. Winchester: Waterside Press.
Malleson, K. (2005). The legal system. Oxford: Oxford University Press.
Martinez, J. S. (2003). Towards an International Judicial System. Stanford Law Review, 56(2), 429-529.
Summers, R. S. (2006). Form and function in a legal system: A general study. New York: Cambridge University Press.