Concept in Definition ABC
Miscellanea / / November 13, 2021
By Florencia Ucha, in Oct. 2008
The judge is the highest authority of a court of law, whose main function is precisely this, that of manage Justice, in the event that a controversial situation arises between two people, for example, that requires the fair and objective decision of a man who thoroughly knows the laws as the. Also among his responsibilities is to define the future of a defendant for a certain crime or crime and in this In the same situation, he must submit to trial the evidence or evidence gathered, to declare him guilty or innocent, according to corresponds.
In most of the world, judges are public servants, paid by the state and an integral part of the judiciary of the country they represent. Although in theory the exclusive characteristics of this public office are independence, autonomy and immobility enjoyed by those who occupy it, reality (and in many cases experience itself), unfortunately, shows us that it is more of a utopia, a desire or a duty to be that was embodied in the
Constitution more than an issue that is strictly observed and respected in all countries. Although I do not want to fall into a capricious generalization, this situation is usually very common and common in Latin America, in those countries where corruption and the ambition of excessive power on the part of their leaders lead to the ideal division of powers and the autonomy of the judges is more a dream to achieve than a tangible reality.In this context, it is worth noting that one of the main principles of the existence of republican models is, precisely, the division of powers and the autonomy of justice. Centuries ago, the concentration of the entire public power in a single individual caused a situation of iron dependence on the courts of justice by those who governed. From the limitations originally originated in the Magna Carta thirteenth-century British and nineteenth-century United States constitution, the existence of a judiciary differentiated from political power gave citizens a greater possibility of respecting their Rights.
In societies where justice works independently, there is a integration of the judiciary with the remaining structures of the State that allows mutual control. Thus, for a judge can be designated as such, it is necessary, in addition to the logic training on Right offered by university studies, have the agreement of Parliament (the Senate in bicameral legislative powers) and the enactment of the Executive power. In return, the judges are in charge of monitoring the constitutionality and compliance with the regulations issued by Parliament (laws) and the president or prime minister (decrees or certificates, depending on each nation).
In accordance with the structure offered by the institutional environment of the different countries, the judges they act in different strata or fueros, according to the corresponding competence. Thus, judges who define civil, labor, criminal or economic situations are recognized. In general, all judges are under the advice and guidance of a highest court, which receives different names (Supreme Court of Justice, among others). Likewise, in nations structured with federal governments, certain circumstances are evaluated by national judges, while other courts are conducted by municipal or provincial (state) judges, depending on the magnitude and characteristics of the problem that motivates their intervention.
In short, beyond these questions that are more reserved for the political field, the judge is a human being and, consequently, he is not exempt from committing some error in his decisions. As I said above, you can also be tempted by the "bad herbs" to do it. Then, so that the citizen does not feel pressured by this contingency, the sentences of a judge can be reviewed by higher courts through a judicial appeal, allowing in this way to confirm, modify or revoke the decisions made by the judge who issued his verdict in the first place instance. In extraordinary situations, there are even international reference tribunals for dynamics of conflict produced between different nations.
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