Understanding the Judicial Process: A Comprehensive Guide
General Theory of the Judicial Process: The Role of the Judiciary
Considerations
To achieve personal goals within a society, individuals must cooperate and adhere to established limits. These limits are defined by legal standards that govern conduct, creating rights and obligations that can be enforced by the state. These standards are typically bilateral, coercive, general, abstract, mandatory, and regulate behavior.
The legal system, comprising a set of such rules, aims to regulate the conduct of individuals within a state and the conduct of the state itself. Through social organization, humans have created the state and granted it the necessary powers to maintain order.
The branches of government play distinct roles:
- Legislature: Creates coercive norms of behavior for citizens.
- Executive: Pursues goals that benefit the community and individuals, which they could not achieve independently.
- Judiciary: Resolves disputes between parties by enforcing legal norms, allowing individuals to uphold their rights, even against the will of others.
Judicial Proceedings and Lawful Conduct
Judicial proceedings resolve disputes by applying the law to specific situations. These situations arise when one party alleges that another’s conduct, aimed at achieving a protected legal right, deviates from the established legal standard.
Lawful conduct adheres to the prescribed standards, while unlawful conduct deviates from them. The judicial function comes into play when a competent body is called upon to enforce the rule of law and restore legality. This occurs when unlawful conduct is alleged, and the applicant is demonstrably the holder of the concrete legal right. Alternatively, the court may determine that the defendant acted within the law, resolving the controversy.
The assertion of wrongdoing and the request for its remedy are sufficient to activate the state entity responsible for the judicial function. This serves two purposes: resolving disputes through the application of the law and achieving social peace.
Substantive Legal Situations and Concrete Statements of Law
The judicial function, regulated exclusively by public law, aims to resolve legal disputes by declaring the applicable law to a specific situation where one party alleges the illegality of the other’s behavior.
A substantive legal situation is defined by the specific behavior subject to the rule of law. This behavior necessarily affects the legal rights of another person, leading to a dispute when one party considers the behavior illegal and refuses to accept its consequences.
A concrete statement of law is the instrument used by the court to decide and resolve the dispute. It adds something new to the situation, as the judicial function determines the legality or illegality of the alleged actions. This statement can be in favor of either party, depending on the court’s findings.
Process and Procedure
To ensure the legitimacy of the judicial function, the state has established specific procedures for both parties and the court to follow. This ensures transparency and control over the judicial process.
The process itself is not the goal but rather the means to achieve the judicial function’s purpose. It is a series of legal acts performed by the parties and the judge, culminating in a final decision. The procedure refers to the preparatory activities leading up to the final decision.
The legislature has created different processes for various legal situations, but the underlying function of dispute resolution remains unified.
Chapter II: Jurisdiction
The judicial function, exclusive to the state and governed by public law, seeks to resolve legal disputes by applying the law to specific situations where one party alleges the illegality of the other’s behavior.
Historically, societies have relied on impartial third parties to settle disputes. With the establishment of states, this function was entrusted to a supra-individual entity to ensure fairness and social peace. This led to the prohibition of individuals taking the law into their own hands.
In many constitutions, the judiciary holds the monopoly on justice, including alternative dispute resolution methods. This monopoly ensures that the state’s interests in maintaining order and upholding the law prevail.
As a state function, the judicial process is regulated by public law, which governs the behavior and relationships between state bodies and individuals. Public bodies must adhere to these rules to ensure the validity of their actions.
Purposes and Means of the Judicial Function
The judicial function aims to resolve disputes concerning alleged illegality in various contexts, including:
- Civil: Disputes between individuals or between individuals and the state regarding rights and obligations.
- Criminal: Imposing sanctions on individuals who violate criminal laws.
- Administrative: Resolving disputes concerning the legality of actions by public bodies.
- Constitutional: Ensuring that laws and actions comply with the constitution.
- Protection of Constitutional Guarantees: Addressing violations or threats to constitutional rights.
- Collective Interests: Protecting the rights of groups or classes of individuals.
The primary means of resolving disputes is applying the relevant law to the specific situation. This requires establishing the existence of an applicable legal standard and then determining how it applies to the facts of the case.