What are the characteristics of the Judiciary in a State?

Answer Details

The Judiciary is the arm of government that interprets the laws and settles disputes. Its main characteristics in a state are as follows.

1. Independence: The judiciary should be free from the control and interference of the executive and legislature so as to give impartial judgements.
2. Impartiality: Judges must be neutral and decide cases strictly on the merits without fear or favour, affection or ill-will.
3. Interpretation of the law: It is the organ that interprets the constitution and other laws and applies them to particular cases.
4. Security of tenure of judges: Judges hold office securely and can only be removed through a special, difficult procedure, so as to protect their independence.
5. Hierarchy of courts: The judiciary is organised in a graded system of courts, from lower courts up to the supreme court, allowing appeals.
6. Adjudication and dispute settlement: It settles disputes between individuals, and between individuals and the state.
7. Guardian of the constitution and human rights: It protects the fundamental rights of citizens and can declare unconstitutional acts null and void through judicial review.
8. Application of the rule of law: It ensures equality before the law and that no one is punished except for a breach of law.