The Judiciary | Definition | Features | Functions

The Judiciary is the system of courts that interprets and applies the law. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (in a plenary fashion which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive) but rather interprets law and applies it to the facts of each case.

Independence of the Judiciary

An independent judiciary is one which is free from the interference of the other two arms of government, the executive and legislature. Judges should be free when interpreting the law of the land, they should work without fear or favour.
Separation of Powers: History, Meaning & Definition

Separation of Powers: History, Meaning & Definition

Montesquieu defines separation of powers as a system of government by which the legislature, executive, and judiciary are each separate in terms of functions and personnel. He warned that under no circumstance should any two or more functions be performed by one person or body of persons since such a practice will eliminate the liberty of the citizens and thereby encourage tyranny.