Political Institutions Constitutional Law Questions Medium
The main functions of the judiciary in a democratic political system are as follows:
1. Interpretation and application of laws: The judiciary is responsible for interpreting and applying laws to resolve disputes and ensure justice. It interprets the constitution and other legislation to determine their meaning and enforce their provisions.
2. Adjudication of disputes: The judiciary acts as an impartial arbiter in resolving conflicts between individuals, organizations, or the state. It ensures that disputes are settled fairly and in accordance with the law.
3. Protection of individual rights and liberties: The judiciary safeguards individual rights and liberties by upholding the constitution and ensuring that laws and government actions do not infringe upon these rights. It acts as a check on the executive and legislative branches to prevent any abuse of power.
4. Judicial review: The judiciary has the power of judicial review, which allows it to review the constitutionality of laws and government actions. It can declare laws or executive actions unconstitutional if they violate the principles and rights enshrined in the constitution.
5. Safeguarding the rule of law: The judiciary plays a crucial role in upholding the rule of law by ensuring that all individuals, including government officials, are subject to the law. It ensures that laws are applied equally and impartially, without any discrimination or favoritism.
6. Settling constitutional disputes: In a democratic system, the judiciary resolves constitutional disputes between different branches of government or levels of government. It clarifies the powers and responsibilities of each branch and ensures the proper functioning of the constitutional framework.
7. Judicial independence: The judiciary operates independently from the executive and legislative branches, ensuring impartiality and fairness in its decisions. This independence is crucial for maintaining public trust and confidence in the judiciary.
Overall, the judiciary in a democratic political system acts as a guardian of the constitution, protector of individual rights, and arbiter of disputes, ensuring the rule of law and upholding the principles of democracy.