Administration of justice is the primary function of the judiciary.
(1) Judicial Functions: Firstly, when a dispute is brought before a court, it is the responsibility of the court to 'determine the facts' involved. The usual manner in which the courts determine the facts is through evidence given by the contestants.
(2) Law-making Functions: Secondly, the judiciary while interpreting the existing laws also performs the role of lawmaker. It may sound surprising, but 'judge-made' laws are common to all systems of jurisprudence.
(3) Guardianship of the Constitution: Thirdly, in federal States like India, the U.S.A. and Switzerland, the judiciary is the guardian of the Constitution.
(4) Advisory Jurisdiction: Fourthly, some national judiciaries possess advisory jurisdiction. For instance, the President of India may seek the advice of the Supreme Court of India on any proposed legislation.
(5) Protector of the Fundamental Rights: Fifthly, the judiciaries also act as the defenders of the individual's right. Such role of the judiciary is important as it prevents the individual's rights from being violated.
(6) Supervisory Function: Sixthly, higher courts are often assigned the task of supervision over the lower courts. The Indian High Conn responsible for the supervision of their respective state judicial systems.
(7) Non-Judicial Function: Lastly, the judiciary in some countries may perform a number of non-judicial functions. Courts may undertake the administration of property in cases where the ownership of property in question is in dispute. Courts also assume responsibility for handling the affairs of minor children or lunatics. Courts may be authorized to issue and cancel certain licenses. Courts also may be authorized to grant citizenship to aliens.
Test
Amar Kumar 8 years, 2 months ago
Administration of justice is the primary function of the judiciary.
(1) Judicial Functions: Firstly, when a dispute is brought before a court, it is the responsibility of the court to 'determine the facts' involved. The usual manner in which the courts determine the facts is through evidence given by the contestants.
(2) Law-making Functions: Secondly, the judiciary while interpreting the existing laws also performs the role of lawmaker. It may sound surprising, but 'judge-made' laws are common to all systems of jurisprudence.
(3) Guardianship of the Constitution: Thirdly, in federal States like India, the U.S.A. and Switzerland, the judiciary is the guardian of the Constitution.
(4) Advisory Jurisdiction: Fourthly, some national judiciaries possess advisory jurisdiction. For instance, the President of India may seek the advice of the Supreme Court of India on any proposed legislation.
(5) Protector of the Fundamental Rights: Fifthly, the judiciaries also act as the defenders of the individual's right. Such role of the judiciary is important as it prevents the individual's rights from being violated.
(6) Supervisory Function: Sixthly, higher courts are often assigned the task of supervision over the lower courts. The Indian High Conn responsible for the supervision of their respective state judicial systems.
(7) Non-Judicial Function: Lastly, the judiciary in some countries may perform a number of non-judicial functions. Courts may undertake the administration of property in cases where the ownership of property in question is in dispute. Courts also assume responsibility for handling the affairs of minor children or lunatics. Courts may be authorized to issue and cancel certain licenses. Courts also may be authorized to grant citizenship to aliens.
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