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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Judiciary

Norikazu Kawagishi

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
December 2016

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 January 2025

Subject(s):
Judicial review — Judicial independence — Judicial power

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1. The judiciary is the department of the governmental organization of a state that is authorized to adjudicate disputes through interpreting and applying law. The role the judiciary and judges are expected to play in a legal regime varies from one legal culture to another. 2. There are two particularly influential ideal types of modern legal system in the world: the civil law model and the common law model. Judicial power in a civil law system is generally limited to civil and criminal cases, with administrative cases being dealt with by special institutions,...
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