The judicial branch determines the constitutionality of the law as it pertains to specific cases. It does not issue general opinions on the law or enforce it; rather, individuals must prove that they have been harmed by the law before they can bring a case before the judicial branch. In many jurisdictions, the judicial branch has the power to change laws through the process of judicial review.Know More
The federal judiciary is one of the three branches of government required by the Constitution; the executive and legislative branches are the other two. Article III of the Constitution requires the creation of the U.S. Supreme Court, the highest court of the land, and it also gives Congress the authority to establish courts that fall beneath the Supreme Court's power. Consequently, Congress created United States district courts, which try the majority of federal cases, and 13 U.S. courts of appeals.
To keep them from being affected by public opinion, members of the judicial branch are not elected, but serve until retirement or death. The president of the United States appoints its members, and the Senate confirms them. They can only be removed upon legislative action by the U.S. House of Representatives and the Senate.
The lower courts must adhere to the decisions of the U.S. Supreme Court.Learn more about Branches of Government
Once passed by the legislature and signed into law by the president, the people of the United States can challenge any law in the courts under the authority of the judicial branch. Laws deemed unconstitutional by the judiciary are considered void. In this way, justices of the courts become the final arbiters of the fairness and legality of a law's provisions.Full Answer >
The judicial branch helps to set and clarify rules to maintain a balance in power and control between the executive branch and legislative branch, which are the other two branches of United States government. The federal government contains three main branches of government, which perform separate but complementary and equally important roles. The U.S. Constitution lays out the specific duties and obligations held by the three branches of government and within the judicial branch lies the power to use judicial review to interpret rules, particularly in the areas of criminal and civil law.Full Answer >
The main function of the judicial branch is to interpret and apply the law and provide a mechanism for the settling of disputes. The judicial branch does not make laws in most cases, nor does it enforce them.Full Answer >
The independence of the judicial branch is ensured by making sure that the judges cannot receive a reduction in their salary and cannot be removed from the bench by a president who might oppose the judge's views. This gives judges a security in their job that allows them to make decisions without worrying about political pressures.Full Answer >