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The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''Sta ...

court
s that adjudicates legal disputes/disagreements and interprets, defends, and applies the
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari ...
in legal cases.


Definition

The judiciary is the system of
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''Sta ...

court
s that interprets, defends, and applies the
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari ...
in the name of the
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ...
. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the
separation of powers Separation of powers refers to the division of a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' ( ...
, the judiciary generally does not make
statutory law Statutory law or statute law is written law passed by a body of legislature. This is as opposed to Oral law, oral or customary law; or regulatory law promulgated by the Executive (government), executive or common law of the judiciary. Statutes may ...
(which is the responsibility of the
legislature A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, ...
) or enforce law (which is the responsibility of the
executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, a senior management role in an organization ** Chief exec ...
), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make
common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' is the most-us ...
. In many
jurisdiction Jurisdiction (from Latin Latin (, or , ) is a classical language A classical language is a language A language is a structured system of communication Communication (from Latin ''communicare'', meaning "to share" or "to be i ...
s the judicial branch has the power to change laws through the process of
judicial review Judicial review is a process under which executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, ...
. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as
primary legislation In parliamentary systems and presidential systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of law, created respectively by the legislature ...
, the provisions of the
constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

constitution
,
treaties A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relati ...

treaties
or
international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation A nation is a community A community is a social unitThe term "level of anal ...
. Judges constitute a critical force for interpretation and implementation of a constitution, thus in
common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' is the most-us ...
countries creating the body of constitutional law.


History

This is a more general overview of h the development of the judiciary and judicial systems over the course of history.


Roman judiciary


Archaic Roman Law (650–264 BC)

The most important part was ''Ius Civile'' (Latin for "civil law"). This consisted of ''
Mos Maiorum The ''mos maiorum'' (; "ancestral custom" or "way of the ancestors," plural ''mores'', cf. English "mores 300px, A 19th-century children's book informs its readers that the Dutch were a "Protestant work ethic, very industrious race", and that Ch ...
'' (Latin for "way of the ancestors") and ''Leges'' (Latin for "laws"). ''Mos Maiorum'' was the rules of conduct based on social norms created over the years by predecessors. In 451–449 BC, the ''Mos Maiorum'' was written down in the
Twelve Tables The ''Law of the Twelve tables'' ( la, Leges Duodecim Tabularum or ) was the legislation that stood at the foundation of Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand y ...
. ''Leges'' were rules set by the leaders, first the kings, later the popular assembly during the Republic. In these early years, the legal process consisted of two phases. The first phase, ''In Iure'', was the judicial process. One would go to the head of the judicial system (at first the priests as law was part of religion) who would look at the applicable rules to the case. Parties in the case could be assisted by jurists. Then the second phase would start, the ''Apud Iudicem''. The case would be put before the judges, which were normal Roman citizens in an uneven number. No experience was required as the applicable rules were already selected. They would merely have to judge the case.


Pre-classical Roman Law (264–27 BC)

The most important change in this period was the shift from priest to
praetor Praetor ( , ), also pretor, was the granted by the government of to a man acting in one of two official capacities: (i) the commander of an , and (ii) as an elected ' (magistrate), assigned to discharge various duties. The functions of the magi ...
as the head of the judicial system. The praetor would also make an
edict An edict is a decree or announcement of a law, often associated with monarchy, monarchism, but it can be under any official authority. Synonyms include "dictum" and "pronouncement". ''Edict'' derives from the Latin wikt:edictum#Latin, edictum. N ...
in which he would declare new laws or principles for the year he was elected. This edict is also known as praetorian law.


Principate (27 BC–284 AD)

The
Principate The Principate is the name sometimes given to the first period of the Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican Republ ...
is the first part of the Roman Empire, which started with the reign of
Augustus Caesar Augustus (23 September 63 BC19 August AD 14) was the first Roman emperor The Roman emperor was the ruler of the Roman Empire during the imperial period (starting in 27 BC). The emperors used a variety of different titles through ...

Augustus
. This time period is also known as the "classical era of Roman Law" In this era, the praetor's edict was now known as ''edictum perpetuum'', which were all the edicts collected in one edict by
Hadrian Hadrian (; la, Caesar Traianus Hadrianus ; 24 January 76 – 10 July 138) was from 117 to 138. He was born into a Roman Italo-Hispanic family, which settled in Spain from the Italian city of in . His father was of senatorial rank and was ...

Hadrian
. Also, a new judicial process came up: ''cognitio extraordinaria'' (Latin for "extraordinary process"). This came into being due to the largess of the empire. This process only had one phase, where the case was presented to a professional judge who was a representative of the emperor. Appeal was possible to the immediate superior. During this time period, legal experts started to come up. They studied the law and were advisors to the emperor. They also were allowed to give legal advise on behalf of the emperor.


Dominate (284–565 AD)

This era is also known as the "post-classical era of roman law". The most important legal event during this era was the Codification by Justinianus: the
Corpus Iuris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence s ...
. This contained all Roman Law. It was both a collection of the work of the legal experts and commentary on it, and a collection of new laws. The ''Corpus Iuris Civilis'' consisted of four parts: # ''Institutiones'': This was an introduction and a summary of roman law. # ''Digesta/Pandectae'': This was the collection of the edicts. # ''Codex'': This contained all the laws of the emperors. # ''Novellae'': This contained all new laws created.


Middle Ages

During the late Middle Ages, education started to grow. First education was limited to the monasteries and abbies, but expanded to cathedrals and schools in the city in the 11th century, eventually creating universities. The universities had five faculties: arts, medicine, theology, canon law and ''Ius Civile'', or civil law. Canon law, or ecclesiastical law are laws created by the Pope, head of the Roman Catholic Church. The last form was also called secular law, or Roman law. It was mainly based on the ''
Corpus Iuris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence s ...
,'' which had been rediscovered in 1070. Roman law was mainly used for "worldly" affairs, while canon law was used for questions related to the church. The period starting in the 11th century with the discovery of the ''Corpus Iuris Civilis'' is also called the
Scholastics Scholasticism was a medieval school of philosophy that employed a critical method of philosophical analysis predicated upon a Latin Catholic theistic curriculum which dominated teaching in the medieval universities in Europe from about 1100 ...
, which can be divided in the early and late scholastics. It is characterised with the renewed interest in the old texts.


''Ius Civile''


= Early scholastics (1070–1263)

= The rediscovery of the Digesta from the ''Corpus Iuris Civilis'' led the university of Bologna to start teaching Roman law. Professors at the university were asked to research the Roman laws and advise the Emperor and the Pope with regards to the old laws. This led to the
Glossator The scholars of the 11th- and 12th-century legal schools in Italy Italy ( it, Italia ), officially the Italian Republic ( it, Repubblica Italiana, links=no ), is a country consisting of a Northern Italy, continental part, delimited by the Al ...
s to start translating and recreating the ''Corpus Iuris Civilis'' and create literature around it: * ''Glossae'': translations of the old Roman laws * ''Summae'': summaries * ''Brocardica'': short sentences that made the old laws easier to remember, a sort of mnemonic * ''Quaestio Disputata'' (''sic et non''): a dialectic method of seeking the argument and refute it. Accursius wrote the '' Glossa Ordinaria'' in 1263, ending the early scholastics.


= Late scholastics (1263–1453)

= The successors of the Glossators were the Post-Glossators or Commentators. They looked at a subject in a logical and systematic way by writing comments with the texts, treatises and ''consilia'', which are advises given according to the old Roman law.


Canon Law


= Early Scholastics (1070–1234)

= Canon law knows a few forms of laws: the ''canones'', decisions made by Councils, and the ''decreta'', decisions made by the Popes. The monk Gratian, one of the well-known decretists, started to organise all of the church law, which is now known as the ''
Decretum Gratiani The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of Canon law (Catholic Church), canon law compiled and written in the 12th ...
'', or simply as ''Decretum''. It forms the first part of the collection of six legal texts, which together became known as the ''
Corpus Juris Canonici The ''Corpus Juris Canonici'' ( lit. 'Body of Canon Law') is a collection of significant sources of the canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastic ...
''. It was used by
canonist Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (Church leadership), for the government of a Christian organization or church and its members. It is th ...
s of the
Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptised Baptism (from the Greek language, Greek noun βάπτισμα ''báptisma'') is a Christians, Christian ...

Roman Catholic Church
until Pentecost (19 May) 1918, when a revised '' Code of Canon Law'' (''Codex Iuris Canonici'') promulgated by
Pope Benedict XV Pope Benedict XV (Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Ro ...

Pope Benedict XV
on 27 May 1917 obtained legal force.


= Late Scholastics (1234–1453)

= The
Decretalist In the history of canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and constructi ...
s, like the post-glossators for ''Ius Civile'', started to write treatises, comments and advises with the texts.


Ius Commune

Around the 15th century, a process of reception and acculturation started with both laws. The final product was known as ''
Ius Commune ''Jus commune'' or ''ius commune'' is Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through t ...
''. It was a combination of canon law, which represented the common norms and principles, and Roman law, which were the actual rules and terms. It meant the creation of more legal texts and books and a more systematic way of going through the legal process. In the new legal process, appeal was possible. The process would be partially
inquisitorial An inquisitorial system is a legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of e ...
, where the judge would actively investigate all the evidence before him, but also partially adversarial, where both parties are responsible for finding the evidence to convince the judge. After the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France France (), officially the French Republic (french: link=no, République française), is a country primarily located in Western Europe, consi ...

French Revolution
, lawmakers stopped interpretation of law by judges, and the legislature was the only body permitted to interpret the law; this prohibition was later overturned by the
Napoleonic Code The Napoleonic Code (, lit. "Code Napoleon"), officially the Civil Code of the French (; simply referred to as ) is the French French (french: français(e), link=no) may refer to: * Something of, from, or related to France France (), of ...
.


Functions of the judiciary in different law systems

In common law jurisdictions, courts interpret law; this includes constitutions, statutes, and regulations. They also make law (but in a limited sense, limited to the facts of particular cases) based upon prior
case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is calle ...
in areas where the legislature has not made law. For instance, the
tort A tort, in common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dict ...

tort
of
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort A tort, in common law jurisdiction, is a civil wrong (other than br ...

negligence
is not derived from statute law in most common law jurisdictions. The term ''common law'' refers to this kind of law. Common law decisions set precedent for all courts to follow. This is sometimes called ''stare decisis''.


Country-specific functions

In the United States court system, the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

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; in the US federal court system, federal cases are tried in
trial court A trial court or court of first instance is a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the adminis ...
s, known as the US district courts, followed by
appellate court An appellate court, commonly called an ''appeals court'', ''court of appeals'' (American English American English (AmE, AE, AmEng, USEng, en-US), sometimes called United States English or U.S. English, is the set of varieties of the Eng ...
s and then the Supreme Court. State courts, which try 98% of
litigation A lawsuit is a proceeding by a party or parties against another in the civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit *Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil ...
,American Bar Association (2004)
How the Legal System Works: The Structure of the Court System, State and Federal Courts
. In ''ABA Family Legal Guide''.
may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts". The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In
France France (), officially the French Republic (french: link=no, République française), is a List of transcontinental countries, transcontinental country spanning Western Europe and Overseas France, overseas regions and territories in the Ame ...

France
, the final authority on the interpretation of the law is the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
for administrative cases, and the
Court of Cassation A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, Cr ...
for civil and criminal cases. In the
People's Republic of China China (), officially the People's Republic of China (PRC; ), is a country in East Asia East Asia is the eastern region of Asia Asia () is Earth's largest and most populous continent, located primarily in the Eastern Hemisphere ...

People's Republic of China
, the final authority on the interpretation of the law is the
National People's Congress The National People's Congress of the People's Republic of China (), often referred to as the National People's Congress (NPC) (), is the highest organ of state power and the of the . With 2,980 members in 2018, it is the largest parlia ...
. Other countries such as
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country located mostly in the southern half of South America. Sharing the bulk of the Southern Cone with Chile to the west, the country is also bordered ...

Argentina
have mixed systems that include lower courts, appeals courts, a
cassation court
cassation court
(for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times.


Judicial systems by country


Japan

Japan Japan ( ja, 日本, or , and formally ) is an island country An island country or an island nation is a country A country is a distinct territory, territorial body or political entity. It is often referred to as the land of an in ...

Japan
's process for selecting judges is longer and more stringent than in various countries, like the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
and in
Mexico Mexico, officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the south and west by the Pacific Ocean; to ...

Mexico
. Assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, and have been appointed by the
Supreme Court of Japan The , located in Hayabusachō, Chiyoda, Tokyo, Chiyoda, Tokyo, is the Supreme court, highest court in Japan. It has ultimate judicial authority to interpret the Constitution of Japan, Japanese constitution and decide questions of national law. It ...
. Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney. In the Japanese judicial branch there is the Supreme Court, eight high courts, fifty district courts, fifty family courts, and 438 summary courts.


Mexico

Justices of the
Mexican Supreme Court
Mexican Supreme Court
are appointed by the
President of Mexico The president of Mexico ( es, link=no, Presidente de México), officially the president of the United Mexican States ( es, link=no, Presidente de los Estados Unidos Mexicanos), is the head of state A head of state (or chief of state) is t ...
, and then are approved by the
Mexican Senate The Senate of the Republic, ( es, Senado de la República) constitutionally Chamber of Senators of the Honorable Congress of the Union ( es, Cámara de Senadores del H. Congreso de la Unión), is the upper house of Mexico Mexico ( es, M ...

Mexican Senate
to serve for a life term. Other justices are appointed by the Supreme Court and serve for six years. Federal courts consist of the 11 ministers of the Supreme Court, 32 circuit tribunals and 98 district courts. The Supreme Court of Mexico is located in
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbreviated as CDMX; nah, Āltepētl Mēxihco) is the capital city, capital and largest city of Mexico, as well as the List of North American cities by population, most populous city in North Americ ...

Mexico City
. Supreme Court Judges must be of ages 35 to 65 and hold a law degree during the five years preceding their nomination.


United States

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the Federal judiciary of the United States, federal judiciary of the United States of America. It has ultimate and largely Procedures of the Supreme Court of the United ...

United States Supreme Court
justices are appointed by the
President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gover ...

President of the United States
and approved by the
United States Senate The United States Senate is the upper chamber of the United States Congress The United States Congress is the legislature A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, politi ...
. The Supreme Court justices serve for a life term or until retirement. The Supreme Court is located in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument The Washington Monument is an obelisk within the National Mall The National Mall is a Landscape architecture, landscaped ...
The
United States federal court system The federal judiciary of the United States is one of the three branches of the federal government of the United States The federal government of the United States (U.S. federal government) is the Federation#Federal governments, national g ...
consists of 94 federal judicial districts. The 94 districts are then divided up into twelve regional circuits. The United States has five different types of courts that are considered subordinate to the Supreme Court:
United States bankruptcy court United States bankruptcy courts are courts created under Article I of the United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This foundi ...
s,
United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (Federal Circuit; in case citation Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law repo ...
,
United States Court of International Trade The United States Court of International Trade ( case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City New ...
,
United States courts of appeals The United States courts of appeals or circuit courts are the intermediate appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law tha ...
, and
United States district court#REDIRECT United States district court The United States district courts are the general trial court A trial court or court of first instance is a court A court is any person or institution, often as a government institution, with the aut ...
s. Immigration courts are not part of the judicial branch; immigration judges are employees of the
Executive Office for Immigration Review The Executive Office for Immigration Review (EOIR) is a sub-agency of the United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, f ...
, part of the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a of the government tasked with the enforcement of federal and in the United States. It is equivalent to the or of other countries. The department is h ...
in the executive branch. Each
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ...
,
district A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or County, counties, several Municipality, municipal ...

district
and inhabited territory also has its own
court system The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
operating within the legal framework of the respective jurisdiction, responsible for hearing cases regarding state and territorial law. All these jurisdictions also have their own
supreme courts The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisio ...
(or equivalent) which serve as the highest courts of law within their respective jurisdictions.


See also

*
Bench (law) File:The Grand Bench of the Japanese Supreme Court.jpg, 300px, The Supreme Court of Japan Grand Bench seats 15 justices. Bench used in a law, legal context can have several meanings. First, it can simply indicate the location in a courtroom where ...
*
Supreme court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

Supreme court
*
Political corruption Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. Forms of corruption Corruption is a form of dishonesty Dishonesty is to act without honesty. It is used to describe a ...
*
Judicial independence Judicial independence is the concept that the judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of court A court is any person or institut ...
*
Judicial review Judicial review is a process under which executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, ...
*
Rule according to higher law The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accor ...
*
Rule of law The rule of law is defined in the ''Oxford English Dictionary The ''Oxford English Dictionary'' (''OED'') is the principal of the , published by (OUP). It traces the historical development of the English language, providing a compreh ...

Rule of law


Further reading

* Cardozo, Benjamin N. (1998). '' The Nature of the Judicial Process''. New Haven:
Yale University Press Yale University Press is a university press A university press is an academic publishing Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditional ...
. * Feinberg, Kenneth, Jack Kress, Gary McDowell, and Warren E. Burger (1986). ''The High Cost and Effect of Litigation'', 3 vols. * Frank, Jerome (1985). ''Law and the Modern Mind''. Birmingham, AL: Legal Classics Library. * Levi, Edward H. (1949) ''An Introduction to Legal Reasoning''. Chicago:
University of Chicago Press The University of Chicago Press is the largest and one of the oldest university presses in the United States. It is operated by the University of Chicago and publishes a wide variety of academic titles, including ''The Chicago Manual of Style'', n ...
. * Marshall, Thurgood (2001). ''Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences''. Chicago: Lawrence Hill Books. * McCloskey, Robert G., and Sanford Levinson (2005). ''The American Supreme Court'', 4th ed. Chicago: University of Chicago Press. * Miller, Arthur S. (1985). ''Politics, Democracy and the Supreme Court: Essays on the Future of Constitutional Theory''. Westport, CT: Greenwood Press. * * Tribe, Laurence (1985). ''God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History''. New York: Random House. * Zelermyer, William (1977). ''The Legal System in Operation''. St. Paul, MN: West Publishing.


References

{{Authority control Separation of powers