Judicial power: definition and functions

The term "judiciary" refers to one of the three functions and capabilities that make up a State. It is one of the three basic powers, along with the legislative power and the executive power. In other lessons of a PROFESSOR we have already talked about the characteristics of the executive and legislative powers, so today in this lesson we are going to offer you the definition and functions of the judiciary. In this way, you will learn more about the makeup of our state and how powers are distributed.

The judiciary, as we have explained in the introduction, is one of the three powers that sustains a State. The other powers are the legislative, the one in charge of approving and drafting laws, and the executive power, in charge of executing the laws. Having understood this, we must talk about the functions of the judiciary.

The judiciary is the power that allows the administration of justice be able to apply the laws. Thanks to this power, the State can protect the rights of citizens, resolve disputes, and enforce obligations and responsibilities. All this taking into account that

the judiciary must be independent of the other powers, to be able to defend the citizen of abuses carried out by the legislative power and the executive power.

Some of the characteristics of the judiciary are the following:

• Control public powers, especially the executive. It serves as a defense so that the legislative power and the executive power cannot abuse their power against defenseless citizens.
• Protect the supremacy of the Constitution compared to the rest of the legal system. The judiciary must also respond to the Constitution.
• Assign legal norms to settle conflicts.
• Interpret the law. Both the Constitution and other laws.
• Make the law, not by creating it (function of the legislative power), but by means of use of jurisprudence.

The functions of the judiciary may vary depending on the State, being generally regulated by the Constitution Of each country. To get an idea of ​​the role of this power, we are going to talk about the judiciary in Spain.

To continue with this lesson on the definition and functions of the judiciary, we must talk about whatwho make up the judiciary in Spain, and what its functions according to our Constitution.

The judicial power of Spain is the set of courts and tribunals, made up of magistrates and judges, who have the capacity to administer justice on behalf of the King. It is exclusively the courts and tribunals that can judge and enforce what is judged. The courts and tribunals know and decide in Spain on civil, criminal, contentious-administrative, social and military orders.

The Spanish judiciary is governed by a series of principles, necessary for the proper functioning of the courts and tribunals, these principles are the following:

• Principle of impartiality: Judges and magistrates must abstain from matters in which they have a personal interest. Must be impartialTherefore, there cannot be any kind of friendship or enmity between the judges and the parties to the process.
• Principle of independence: Courts and tribunals are independent of any authority, including courts superior to them.
• Principle of immobility: The judges and magistrates are irremovable from their position, so they cannot be retired or suspended except for guarantees established in a law.
• Responsibility principle: They are responsible for the criminal and disciplinary offenses they commit in the exercise of their functions.
• Principle of legality: Judges and magistrates are subject to the Constitution and the rest of the legal system.

The judicial power in Spain falls on the courts, jurisdictional bodies organized by territorial and subject-matter competencies. Among the jurisdictional bodies in Spain we can find the following:

• Supreme Court: Based in Madrid, it is the highest court in almost all orders. Its range extends throughout the Spanish territory. It is made up of the Criminal, Contentious-Administrative, Social and Military Chamber.
• National audience: It is a judicial body that handles cases of special criminal, political or social significance. It is made up of the Appeals, Criminal, Social, and Administrative Litigation Chambers.
• Superior Courts of Justice: Established in each Autonomous community. Faced with these, the causes initiated in the Autonomous Communities are exhausted.
• Provincial audiences: Superior judicial bodies of each Spanish Province. They know criminal and civil cases. Its jurisdictions are the province from which it is named.