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The judiciary is one of the three powers that make up the rule of law along with the legislative and executive powers. It is made up of judges and courts that will be in charge of judging and executing what has been judged and is independent of the other powers.

The judiciary must resolve citizens' conflicts in a motivated, definitive and irrevocable manner with the aim of pursuing legality and protecting the rights of citizens.

The judiciary is one of the three legs that support most democratic states. Most democratic countries have established the division of powers, these are the judiciary, executive and legislative and must be independent from each other.

Characteristics of the judiciary

The characteristics of the judiciary are:

  • A. Independence: This judicial power, that is, the judges and courts do not depend on the political power or the legislative power, but rather have their own government, known as the general council of the judiciary. This, in turn, means that they will not be able to condition their judicial decisions on any ideological bias.
  • B. Unity: Judges and courts cannot establish specific courts for a specific cause, because they would not then have the independence that is demanded of them.
  • C. Jurisdictional exclusivity: The judges and courts are the only ones who can judge and enforce what is judged since they are subject to the law and not to their own criteria or opinions.

Functions of the judiciary

The functions of the judiciary are:

  • Conflict resolution through the application of law through a reasoned and consistent judgment.
  • Protection of the rights of people who are in conflict.
  • Ensure compliance with the law.
  • Comply with the law with the sentences, known as judicial law. If the law is not capable of solving all the problems, the judge, with the application of the law in his sentences, will solve all the conflicts by filling the loopholes in the law (those loopholes).

Organization in Spain

The organization of the judiciary consists of:

  • Governmental organization: The judiciary has its own government, the general council of the judiciary in Spain.
  • Organization of judges and courts according to legal specialty and by territory.
  • The courts and tribunals will be national, CCAA, provincial or party. All of them depend on the single judiciary and the general council of the judiciary.
  • The judges or courts may be civil, administrative, commercial, criminal or labor.

However, it should be noted that each country has its own organization.

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