The judiciary in America is a significant branch of the government that performs crucial duties that are motivated by justice, protection, and conflict resolution. The judiciary primarily administers justice to individuals in light of the rights outlined in the American constitution. It is the duty of the judiciary to interpret and implement the law, including statutes, the constitution, and regulations, to particular situations. Each rule needs to be properly interpreted in order to be applied to a case, and judges perform this task. The legal system in America plays a part in establishing laws. The nature, significance, and reach of the legislation enacted by the legislature are established by the court's rulings. (Langer, 2002). The process of interpreting law by the judiciary
translates to law making. The judiciary primarily ensures equity legislation. This depends upon fairness, sense of justice, wisdom and honesty of the judge in making appropriate ruling decisions that will realize equality. The judiciary protects the rights of people and acts as a guardian of the American constitution. It plays the role of advisory function to the legal system along with ensuring that judgments and decisions are enforced.
Judicial Review process
This is the power of the judiciary to review the actions that are undertaken by the Congress, the legislative organ and the president which is the executive branch. This is done by the Supreme Court, and the rights are stipulated in Article III, Section I. Judiciary examines the treaty, statutes, and regulations to determine if they violate the constitution. Pre-action protocol (PAP) is the first step in the judicial review which involves writing a formal letter for permission of review process (Levin & Wheeler, 200). The process of applying permission includes setting out facts, grounds, and details that explain the background of the cases to be evaluated along with the relevant legal provisions. Once the permission is granted, the process is taken to the substantive stage where evidence are reviewed, and the decision arrived at concerning the lawful of the case. Judgment then follows, and it will be based on findings of the cases reviewed. The Judiciary then makes a recommendation of whether the actions are legal or not regarding the law of the constitution. Depending on the findings, the court has the right to invalidate or nullify the actions if they are deemed unconstitutional
Basic Judicial Requirements
Jurisdiction is one of the basic requirement where the court has the authority to hear and make viable decisions on cases. Personal jurisdiction mandates the court to exercise authority over a business and an individual in a given geographic area. The judiciary has jurisdiction over subject matter defined by the constitution and the statute (Levin & Wheeler, 200). Judiciary has jurisdiction of federal courts and focuses on a federal statute, a treaty, and diversity of citizenship. Venue is a requirement of the judiciary and involves the legally appropriate place for trial within the jurisdictions. Standing is another requirement, and under this, a party should have sufficient tangible, personal, legal and real interest in a lawsuit to be a party thereto (Langer, 2002). Cases that permit standing on behalf of another person include those involving a minor, incompetent or wrongful actions of death. Justiciable controversy requirement forms the basis of dispute, and it should be actual, real and substantial for it to be heard by the court. Trial courts requirement make an initial determination in controversy, hear evidence and witness together with making a decision on questions of fact. Appellate courts make a review of court rulings, make a decision of questions of fact after trial, issue written opinion and judges make rulings.
Judiciary ensures the provision of a stable legal environment is created through enforcing law and order from the punishment it gives in the judgment of the cases. Judiciary promotes equitability by promoting justice and guarantees that justice is accorded to the minors such as children when abused. It gives punishment to people accused of violating the law, and the accusers can receive equality in the legal processed.
References
Langer, L. (2002). Judicial review in state supreme courts (1st ed.). Albany: State University of New York Press.
Levin, A., & Wheeler, R. (2000). The American judiciary (1st ed.). Beverly Hills: Sage Publications.
