Keith Mack
The judicial branch of government is responsible for interpreting, defending, and applying the law to the facts of each case. In some countries, the judiciary also makes common law. While the judiciary generally does not make statutory law, in many jurisdictions, the judicial branch has the power to change laws through the process of judicial review. For example, in the United States, the Supreme Court is the final authority on the interpretation of the Constitution and can strike down laws that it deems unconstitutional. Similarly, in the Philippines, the Supreme Court has the power to adopt and promulgate Rules of Court for the protection and enforcement of constitutional rights.
| Characteristics | Values |
|---|---|
| Can the judicial branch create laws? | No, the judiciary does not make statutory law. |
| Who makes the laws? | The legislature is responsible for making the laws. |
| Who enforces the laws? | The executive branch enforces the laws. |
| What is the role of the judicial branch? | Interprets, defends, and applies the law to specific cases. |
| Can the judicial branch change laws? | In some countries, the judiciary can change laws through judicial review, annulling laws that are incompatible with higher norms. |
| Who decides if laws are constitutional? | The Supreme Court is the final authority on the interpretation of the Constitution. |
| Who appoints Supreme Court justices? | In the US, the President appoints Supreme Court justices, who are then approved by the Senate. |
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What You'll Learn
The judiciary interprets and applies the law
In the US, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws. The US federal court system consists of 94 federal judicial districts, which are divided into twelve regional circuits. The US has five types of courts considered subordinate to the Supreme Court: bankruptcy courts, the Court of Appeals for the Federal Circuit, the Court of International Trade, courts of appeals, and district courts.
In France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases. In Japan, the judicial branch includes the Supreme Court, eight high courts, fifty district courts, fifty family courts, and 438 summary courts.
In the Philippines, the Supreme Court created the Philippine Judicial Academy (PHILJA) in 1996 as a "training school for justices, judges, court personnel, lawyers, and aspirants to judicial posts." No appointee to the bench may commence their adjudicative function without completing the prescribed court training in the academy.
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The Supreme Court is the final authority
The judiciary is the branch of government that holds trials and decides cases under the nation's laws. The judiciary does not make statutory laws; that is the responsibility of the legislature. However, in some countries, the judiciary creates common law through the process of judicial review. Judicial review allows courts to annul laws and rules of the state that are incompatible with a higher norm, such as the constitution.
In the United States, the Supreme Court is the highest court and the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it. The Supreme Court justices decide if the laws agree with the Constitution and can strike down unconstitutional laws. The Supreme Court justices are appointed by the President of the United States and approved by the United States Senate. They serve for life or until retirement.
The Supreme Court also has the power to issue writs of habeas corpus when given such power by Congress. A writ of habeas corpus is an order that forces the executive branch to explain why a person has been imprisoned. If the court agrees that the imprisonment is illegal, it can set the prisoner free.
In addition to interpreting the law, the Supreme Court also has the power to make rules and issue administrative rules and regulations. For example, the Supreme Court of the Philippines has created the Philippine Judicial Academy, which is the training school for justices, judges, and lawyers. The Supreme Court also promulgates amendments to the Rules of Court for the protection and enforcement of constitutional rights, pleadings, and practice and procedure in all courts.
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Congress previously held all government powers
The US Constitution, adopted in 1788, outlines three branches of government: a legislature for making the laws, an executive for enforcing the laws, and a judiciary for deciding cases under the laws. Before the Constitution was adopted, a body called Congress exercised all the powers of the nation's government.
Congress is made up of the House of Representatives and the Senate, and it is the only part of the government that can make new laws or change existing ones. Anyone can write a bill, but only members of Congress can introduce legislation. Congress also has the power to levy taxes and tariffs to fund the government, borrow money, and mandate spending on specific items. It can also confirm or reject Presidential appointments, and it has substantial investigative powers.
Congress's legislative authority is further widened by the Necessary and Proper Clause of the Constitution, which permits Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". This has been broadly interpreted, and in McCulloch v Maryland, for example, it was decided that the federal government had the authority to establish a national bank under the tax and spend clause, and that states could not interfere with this.
The Judicial Branch, on the other hand, is the branch of government that holds trials and decides cases under the nation's laws. The US Supreme Court has ruled that the federal judiciary has the power to issue writs of habeas corpus when given the power to do so by Congress. The Supreme Court also has the power to strike down unconstitutional laws, and in 1803, it settled the question of whether Congress or the judiciary should determine if government conduct is constitutional, ruling that it was within the judiciary's power to do so.
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The US Supreme Court can strike down laws
The US Constitution, adopted in 1788, established a federal judiciary, which holds trials and decides cases under the nation's laws. The US Supreme Court, established by Congress in 1789, is the highest court in the land and is vested with the power of judicial review.
The Supreme Court's original jurisdiction generally applies to cases involving disputes between two or more US states and disputes involving representatives of foreign nations. Its appellate jurisdiction applies to other cases that implicate federal law or the Constitution. The Court has the discretion to decide whether to review a case under the Certiorari Act of 1925.
The Supreme Court can strike down any law or action by a federal, state, or local legislative or executive branch that violates the Constitution. This power of judicial review allows the Court to protect civil rights and liberties and ensure that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
The Supreme Court's decisions have a significant impact on society, preserving fundamental American values and serving as a check on the powers of the other branches of government.
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The Judicial and Bar Council selects justices
In the United States, the Constitution separates the powers of the government into three branches: a legislature for making the laws, an executive for enforcing the laws, and a judiciary for deciding cases under the laws. The federal judiciary holds trials and decides cases under the nation's laws.
In the Philippines, the Judicial and Bar Council (JBC) is responsible for recommending appointees to the Judiciary and the Office of the Ombudsman for the President's approval. The JBC's primary task is to enhance the quality of the search, screening, and selection process while insulating the process from undue influence. One of its important functions is creating a list of nominees for the position of Chief Justice of the Supreme Court.
The JBC was created to strengthen the independence of the judicial branch of the government by preventing the President from arbitrarily choosing members of the courts. According to Commissioner Jose C. Colayco, the JBC ensures the appointment of judges and justices based on their confidence and moral qualifications rather than favouritism. This check-and-balance measure limits the President's appointing power to the high court and ensures the participation of Congress, the Judiciary, and the private sector in the appointing process.
In California, the Judicial Council is composed of members who are mostly appointed by the Chief Justice or the State Bar Board of Trustees. These members are volunteers and do not receive additional compensation for their service. Most members serve three-year terms, with about a third of the membership rotating annually.
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Frequently asked questions
No, the judicial branch does not create laws. Its role is to interpret, defend and apply the law to the facts of each case.
The judicial branch holds trials and decides cases under the nation's laws. It is also responsible for resolving disputes.
The Supreme Court is the highest court in the United States. It is the final authority on the interpretation of the federal Constitution and all statutes and regulations created under it.
The President of the United States appoints the Supreme Court justices, who are then approved by the United States Senate.
In some countries, the judicial branch can change laws through the process of judicial review. Courts with this power may annul laws and rules of the state when they find them incompatible with a higher norm, such as the Constitution.
