The Importance Of Judicial Power In Society

   In every modern democratic society the power of government is always classified and divided into: executive power, legislative power and judicial power.

The executive power is the power to enforce or execute existing laws. The legislative power is the power to make, amend, alter or pass laws. Finally, judicial power is the power to interpret and apply the law by settling actual case or controversy.

In any tripartite system of government the executive power is exercise by the Executive Department; the legislative power is exercise by the Congress or Parliament; and the judicial power is exercise by the Court.

Such division of powers is known as the principles of separation of powers. This is a very wise and practical arrangement in order to prevent the too much concentration of governmental powers in the hands of one department to the damage, detriment and prejudice of the people themselves if not the very destruction of the society itself.

This separation and allocation of powers is usually embodied and stated through the express provisions of any written constitution so that one department of the government cannot usurp the power given to the other branches of the government.

The Court As Repository Of Judicial Power

   As already mentioned the judicial power in any society is given to the Court. From the low level court or lower court to the Court of Appeal up to the Supreme Court the structure of the judicial system is clearly delineated.

Thus the power to hear and decide actual case or controversy is within the exclusive power of the court to exercise. The same cannot be exercise by the executive department or by the law making body.

In every modern judicial system there is the concept of system of court hierarchy. The function of the lower court is to try or to hear and decide cases whether that case is civil case, criminal case or special proceedings or special civil action or any other type of cases.

Usually the power of any given court in the court hierarchy or structure in the judicial system to hear and decide cases is always based upon its jurisdiction which is always granted or given law.

In other words, there must be an existing law defining or enumerating therein all the type or cases which a given court may hear and decide, which is technically called jurisdiction.

If a court has no power to hear and decide a particular case or controversy then any decision that the court may issue in connection with that case will be null and void and without any legal force and effect.

Usually it is the lower court that hear and try all the cases, whether civil or criminal case and decide that case based upon the evidence presented during the course of trial in court.

If any party to a litigation is not satisfy or happy with any decision or judgment of the court, then it may elevate or appeal the case to the Court of Appeal all the way up to the Supreme Court, which is said to be the court of last resort since it has the last say on any given case or controversy. (to be continue)