Judiciary power Flashcards
What is the judiciary?
It’s the branch of the State’s power that administers justice according to the law. It refers broadly to the courts, judges and other personnel, and processes that run the system.
The courts settle disputes, protect human rights, and punish violations according to the law
They also control that the law is applied equally
What are the two main ways Courts decide?
Civil Law System: codified laws are the primary source of law. Emphasis is placed on the codification of the law, the judge applies remedies found in the codified law
Common Law System: case law is the primary source of law (judicial precedent). Laws are created by legislators, but judges rely on precedents to interpret those laws
What are customary laws?
Based on customary practices, traditions and rules of communities that have been deemed to be customary law over time.
They function as an alternative or complement to the formal Court system
Many traditional justice systems can co-exist within a country (if different communities)
They can either operate outside of State control, or be recognized as part of the national legal order
Decisions may be binding or aim at conflict resolution/mediation
What is the right to access justice?
It’s the “ability of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards”
- UN Development Program
“ a) the right to get remedies, (b)the right to a competent judicial, administrative or criminal authority, (c) authorities shall enforce the remedies when granted”
- International Covenant on Civil and Political Rights
Included in Goal 16 of SDGs, all goals impact health
What is the justice gap?
It’s the number of people who have at least one unmet justice need.
Factors that impede access to justice:
- people can face barriers (geographical distance, fees, low legal capability,…)
- people who are excluded from the opportunities the law provides because they lack the legal tools and protections (identification documentation, employment, proof of housing)
- people who live in extreme conditions of injustice (stateless people, victime of modern slavery, people in countries with high levels of insecurity)
What is legal empowerement?
It’s a process of systemic change through which the poor and excluded become able to use the law to protect and advance their rights and interests as citizens and economic actors
What is a fair trial?
Article 10 of the Universal Declaration of Human Rights: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
