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10. Judiciary and courts

The judiciary provides the main feedback path in democracies as to whether laws are workable in practice, by using the courts as the venue where the law is applied in an attempt to modify behaviour.

By nature of their being framed by people, laws may not have their intended effect, or not adequately cater for the practicalities of life. There has to be a means of determining if they work. The courts provide the process structure for this to happen, while the judicary preside over the process.

The judiciary:

  1. a.Presides over the running of their courts.
  2. b.Interpret the meaning of the law as it applies to the particular situation presented to it.
  3. c.Has individual appointments that are by a 70% vote of both chambers of the federal government.
  4. d.Has members who are competant to interpret the laws applicable to the court they preside over.
  5. e.Has members who are very capable of making impartial judgements based soley upon the merits of the case presented to them.
  6. f.Can instigate a review by a federal standing committee.
  7. g.There must be enough judiciary and courts provided to handle the case-load presented to them in a timely manner.

Impartiality is fundamental to the operation of the judiciary, as any display of personal preferences, or biases towards a particular ideology -- which are essentially theories -- will undermine judicial effectiveness, because such biases are expressions of political will, which must be left to the legislature.

It is encumbent upon the legislature to frame laws using basic principles in as general terms as possible, otherwise biases that favour particular individuals or groups may be introduced. Such biases are against the basic principle of making enduring laws.

The levels of courts are:

  1. a.Consitutional – handles cases that challenge the compliance of a law to the constitution.
  2. b.Federal – handles cases that challenge the applicability of a law to a situation.
  3. c.Local – handles disputes about implementation of regulations.

Basically, they follow the level at which the laws are framed.

Within courts:

  1. a.The protection of the vulnerable is paramount. Vulnerable or traumatised people must not be subjected to unnecessary trauma.
  2. b.Every participant must ensure the truth prevails, unless it puts them or others in harm's way, in which case they are considered under duress, and any decisions dependent upon them are thus non-binding.
  3. c.Every participant must not waste a court's time. Courts are expensive to run because of the complexity of the process and the number of people involved.

In most current courts, it seems the only ones obliged to tell the truth are witnesses. This tacitly allows others to avoid the truth, or even lie. Coroner's courts seem to be the only ones mandated to seek the truth.

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