Judicial Systems Law Essay Research Coursework Paper (Essay Sample)

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Judicial System
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Judicial System
Section A: Characteristic of Functional Judicial System
A functional judicial system is an important characteristic of any jurisdiction to thrive; a system of courts is necessary for individuals to resolve disputes through the interpretation and application of the law. It is such a critical part of a society that in most democracies, it is one of its pillars, along with the executive and legislative powers, making one of its main jobs to keep the legislative and executive in check, balancing the three powers. Its prerogatives vary a lot and may range from acting in individual cases as a conflict resolution to being a safeguard of the constitution of democracy or even creating law, such as in common law jurisdictions.
The judiciary can be considered an order that also grew spontaneously from years in an evolutionary manner, much like the law – it most likely grew in parallel with the law because conflicts have always been a part of human nature. In tribal societies, the elders and religious leaders were more likely the arbiters in conflict resolution. There are even records in early writings in the Ancient Near East (2003-1595 BCE) that different nations engaged in peaceful international conflict resolution – by means of arbitration or negotiation – that did not ensure outright law between them, showing that ancient civilizations understood the importance of cooperation and how to realize it was through a judicial procedure (ALTMAN, 2012, pp. 78-79).