The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.
Meaning
The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), 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 many jurisdictions the judicial branch has the power to change laws through the process of judicial review. 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, the provisions of the constitution, treaties or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus in common law countries creating the body of constitutional law.
History
This is a more general overview of 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 (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. L' 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 as the head of the judicial system. The praetor would also make an edict 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 is the first part of the Roman Empire, which started with the reign of 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. 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 advice 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. 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.
