Judiciary
The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the State, applies laws to individual cases, and decides if laws violate the Constitution.. The judiciary also provides a mechanism for the resolution of disputes. It's comprised of the Supreme Court and other federal courts.
Strategic Vision:
Justice in Ambazonia will be accessible, fair, effective, responsive, and accountable.
Mandate:
- To Give Justice to the people:The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it.
- Interpretation and Application of Laws:One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws.
- Role in Law-making:The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws.
- Equity Legislation:Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is usually termed as equity legislation.
- Protection of Rights:The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organizations or fellow citizens.
- Guardian of the Constitution:The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. For this purpose the judiciary can conduct judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of the constitution.
- Power to get its Decisions and Judgments enforced:The judiciary has the power not only to deliver judgments and decide disputes, but also to get these enforced. It can direct the executive to carry out its decisions. It can summon any person and directly know the truth from him.
- Special Role in a Federation:In a federal system, the judiciary has to perform an additionally important role as the guardian of the constitution and the arbiter of disputes between the centre and states. It acts as an independent and impartial umpire between the central government and state governments as well as among the states. All legal centre-state disputes are settled by the judiciary.
- Running of the Judicial Administration:The judiciary is not a department of the government. It is independent of both the legislature and the executive. It is a separate and independent organ with its own organization and officials. It has the power to decide the nature of judicial organisation in the state. It frames and enforces its own rules.
- Advisory Functions:Very often the courts are given the responsibility to give advisory opinions to the rulers on any legal matter.
- To Conduct Judicial Inquiries:Judges are very often called upon to head Enquiry Commissions constituted to enquire into some serious incidents resulting from the alleged errors or omissions on the part of government or some public servants.
- Miscellaneous Functions:Besides the above major functions, the judiciary also performs several other functions. Some such functions are the appointment of certain local officials of the court, choosing of clerical and other employees. Cases relating to grant of licenses, patents, and copy rights, the appointment of guardians and trustees, the admission of wills, to appoint trustees to look after the property of the minors, to settle the issues of successions of property and rights, issue of administrating the estates of deceased persons, the appointment of receivers, naturalization of aliens, marriage and divorce cases, election petitions and the like.
