In The Judiciary - Role of The Judiciary Part I
Administration of justice is the primary function of the Judiciary. However, the Judiciary performs certain other function too. These functions may be judicial in character but some of these functions are non-judicial in nature. The following are some of the judicial and non-judicial functions performed by the judiciary.
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(1) Judicial Functions:
\r\n Firstly, when a dispute is brought before a court, it is the responsibility of the court to 'determine the facts' involved. The usual manner in which the courts determine the facts is through evidence given by the contestants. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. Herein the judiciary becomes the interpreter of laws, which is the prime function of the judiciary. So the major task of the judiciary is to 'determine' the facts of laws and to apply them to a particular circumstance.
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(2) Law-making Functions:
\r\n Secondly, the judiciary while interpreting the existing laws also performs the role of lawmaker. It may sound surprising, but 'judge-made' laws are common to all systems of jurisprudence. Such occasions arise when the provisions of the existing laws may be ambiguous, or sometimes two or more laws appear to be in conflict under a given circumstance.
\r\n Herein the judiciary plays an important role in determining what the law is and when two laws apparently conflict, which shall prevail. In this context, we fully realize the prime importance of the judiciary.
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(3) Guardianship of the Constitution:
\r\n Thirdly, the judiciary is the guardian of the Constitution. That is why the judiciary has the Constitutional Court at the Court of Appeal.
\r\n There is continued conflict in jurisdiction and authority, as there are several law making and executive authorities, each owing its power to the Constitution. In the circumstances, the judiciary becomes the umpire and regulates the legal actions of the executive authorities and local governments.
\r\n In case the laws made by any of these law-making bodies conflict with the constitutional provisions, the judiciary is empowered to declare the relevant legislation illegal.
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\r\n Harriet Nalukwago Ssali Lule (Mrs)
\r\n Judiciary Deputy PRO
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Posted 28th, March 2013
