In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its JUSTICE is a Human rights and law reform organisation based in the United Kingdom. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Dispute resolution is the process of resolving disputes between parties.

The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly. A judge, or justice, is an Official who presides over a Court of law A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. Under the doctrine of the separation of powers, 'the judiciary is the branch of government primarily responsible for interpreting the law'. Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance For the government of parliamentary systems see Executive (government. It construes the laws enacted by the legislature.

• In common law jurisdictions, courts interpret law, including constitutions, statutes, and regulations. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive They also make law based upon prior case law in areas where the legislature has not made law. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to The term common law refers to this kind of law.
• In civil law jurisdictions, courts interpret the law, but are, at least in theory, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. In practice, jurisprudence plays the same role as case law. Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature
• In socialist law, the primary responsibility for interpreting the law belongs to the legislature. Socialist law is the official name of the Legal system used in Communist states It is based on the civil law system with major modifications and additions A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation

This difference can be seen by comparing United States, France and the People's Republic of China:

• in the United States government, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it;
• in France, the final authority on the interpretation of the law is the Conseil d'État for administrative cases, and the Court of Cassation for civil and criminal cases;
• and in the PRC, the final authority on the interpretation of the law is the National People's Congress. The United States of America —commonly referred to as the This article is about the country For a topic outline on this subject see List of basic France topics. Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES The federal government of the United States is the central United States Governmental body established by the United States Constitution. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. This article is about the country For a topic outline on this subject see List of basic France topics. This article is about the present-day French institution For institutions with the same name during the Ancien Régime in France see Conseil du Roi. The Court of Cassation ( Cour de cassation in French) is the main Court of last resort in France. A similar term is "National Congress" which is a less common translation of People's Political Consultative Conference.
• Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. For a topic outline on this subject see List of basic Argentina topics. In this system the Supreme Court is always the final authority but criminal cases have four stages, one more than civil law.

It is said that the famed Byzantine Emperor Justinian had the Corpus Juris Civilis compiled and all other decisions by jurists burned to create certainty in the law. This is a list of the Emperors of the Eastern Roman Empire, commonly known as the Byzantine Empire by modern historians Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than Again in the 19th century, French legal scholars at the time of the development of the Code Napoléon advocated the same kind of approach — it was believed that since the law was being written down precisely, it should not need interpretation; and if it did need interpretation, it could be referred to those who wrote the code. This article is about the country For a topic outline on this subject see List of basic France topics. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under Napoleon, who was an advocate of this approach, felt that the task of interpreting the law should be left with the elected legislature, not with unelected judges. This contrasted with the pre-revolutionary situation in France, where unelected 'parliaments' defending the interests of the nobility would often slow the enforcement of royal decisions, including much needed reforms. TalkParliament#Screen-size. -->A  parliament is a Legislature, especially in those

However, this idea was found difficult to implement in practice. In France, along with other countries that Napoleon had conquered, or where there was a reception of the Civil Code approach, judges once again assumed an important role, like their English counterparts. In civil law jurisdictions at present, judges interpret the law to about the same extent as in common law jurisdictions – though it may be acknowledged in theory in a different manner than in the common law tradition which directly recognizes the limited power of judges to make law. For instance, in France, the jurisprudence constante of the Cour de cassation or the Conseil d'État is equivalent in practice with case law. This article is about the country For a topic outline on this subject see List of basic France topics. The Court of Cassation ( Cour de cassation in French) is the main Court of last resort in France. This article is about the present-day French institution For institutions with the same name during the Ancien Régime in France see Conseil du Roi. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law

In theory, in the French civil law tradition, a judge does not make new law; he or she merely interprets the intents of "the Legislator. A legislator (or lawmaker) is a person who writes and passes laws especially someone who is a member of a Legislature. " The role of interpretation is traditionally approached more conservatively in civil law jurisdictions than in common law jurisdictions. When the law fails to deal with a situation, doctrinal writers and not judges call for legislative reform, though these legal scholars sometimes influence judicial decisionmaking. So-called "Socialist" law adopted the status of civil law, but added to it a new line of thought derived from Communism — the interpretation of the law is ultimately political, and should serve the purposes of Communism, and hence should not be left to a non-political organ. Communism is a Socioeconomic structure that promotes the establishment of an egalitarian, classless, stateless Society based

See also

• Separation of powers
• Executive
• Legislature
• Category:Judiciaries

Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation

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