Hi, thank you so much. I am still a bit uncertain about the judiciary system. So they are the judges and court, assigned by the executive system, to guide everyone (officials and citizens, plus theirselves) to follow the constitution that was ultimately made by the legislature(the representatives of the citizens)? Please correct me if wrong
You’re very close actually and this is a really good question because the distinction is important.
Think of the three arms this way:
The Legislature makes laws. They are elected representatives who make laws on behalf of the people, within the framework of the Constitution.
The Executive implements and administers those laws. This includes the President, Governors, Ministers, Commissioners and government agencies.
The Judiciary interprets the Constitution and the laws, and resolves disputes about them. This includes the courts and judges.
So, one correction: the Judiciary isn't simply “assigned by the Executive” to make everyone follow the Constitution. It is a separate arm of government, with constitutionally established powers and a degree of institutional independence.
There are also different processes for appointing judges and judicial officers, involving different institutions depending on the level and type of court. So it isn't simply the Executive saying, “Here are the judges who will enforce my rules.”
And another important distinction: the Legislature doesn't ultimately make the Constitution. The Constitution is the supreme law that establishes the Legislature itself and defines its powers. The Legislature can amend the Constitution, but it has to follow the special constitutional procedure for doing so.
A simple way to picture it is:
CONSTITUTION ↓ Sets the rules and creates the institutions ↓ LEGISLATURE → makes laws EXECUTIVE → implements/administers laws JUDICIARY → interprets laws and the Constitution + resolves disputes
And importantly, the Judiciary can review actions of the Legislature and Executive where constitutional questions arise.
So the three arms aren't exactly “working for” one another.
They are separate institutions operating within the same constitutional framework, with different powers and responsibilities and mechanisms that can check one another.
That separation is one of the foundations of constitutional government.
Hi, thank you so much. I am still a bit uncertain about the judiciary system. So they are the judges and court, assigned by the executive system, to guide everyone (officials and citizens, plus theirselves) to follow the constitution that was ultimately made by the legislature(the representatives of the citizens)? Please correct me if wrong
You’re very close actually and this is a really good question because the distinction is important.
Think of the three arms this way:
The Legislature makes laws. They are elected representatives who make laws on behalf of the people, within the framework of the Constitution.
The Executive implements and administers those laws. This includes the President, Governors, Ministers, Commissioners and government agencies.
The Judiciary interprets the Constitution and the laws, and resolves disputes about them. This includes the courts and judges.
So, one correction: the Judiciary isn't simply “assigned by the Executive” to make everyone follow the Constitution. It is a separate arm of government, with constitutionally established powers and a degree of institutional independence.
There are also different processes for appointing judges and judicial officers, involving different institutions depending on the level and type of court. So it isn't simply the Executive saying, “Here are the judges who will enforce my rules.”
And another important distinction: the Legislature doesn't ultimately make the Constitution. The Constitution is the supreme law that establishes the Legislature itself and defines its powers. The Legislature can amend the Constitution, but it has to follow the special constitutional procedure for doing so.
A simple way to picture it is:
CONSTITUTION ↓ Sets the rules and creates the institutions ↓ LEGISLATURE → makes laws EXECUTIVE → implements/administers laws JUDICIARY → interprets laws and the Constitution + resolves disputes
And importantly, the Judiciary can review actions of the Legislature and Executive where constitutional questions arise.
So the three arms aren't exactly “working for” one another.
They are separate institutions operating within the same constitutional framework, with different powers and responsibilities and mechanisms that can check one another.
That separation is one of the foundations of constitutional government.