What Is the Job of the Judicial Branch?

What is the job of the judicial branch? The judiciary is one part of the government of a representative republic, such as is the case in the United States. The judicial branch of government is made up of a system of judges in courts, whose job it is to interpret and apply the laws passed by the legislative branch of the government.

The United States federal justice system has federal courts to interpret and apply federal laws. Each state also has its own court system to oversee state matters.  There are usually state courts, federal trial courts, district courts, appeals courts, and finally, the Supreme Court, which sits in final judgment. State law issues are heard by state courts, but can also ultimately be appealed to the Supreme Court of the United States as well.

The Supreme Court is the final authority over what the Constitution means, and how it is to be applied. Nine justices sit on the Supreme Court, eight associate justices led by a Chief Justice. They are coequal judges, but the Chief Justice leads the discussion of cases that come before it. The Supreme Court justices are appointed for life.

So what is the job of the judicial branch? It’s to ensure equal justice under the law by interpreting the laws as clearly as possible for the benefit of the citizenry.

Functions of Judges

Judges cannot do anything in interpreting a law until a citizen, an elected official, or a department of the government brings a suit to them. They can’t step in and judge anything until someone else places the law before them for it to be adjudicated.

In the United States, there is a hierarchical system of courts. Cases can go all the way from the most local of court systems, such as a municipal court, which handles local matters, such as traffic violations. However, someone who lives in a town may violate a law that is beyond the scope of the most local courts. Depending upon the law in question, it would be either a superior court, or a federal court, that would take up the case.

There are also courts for family law and criminal law. These are usually courts that fall under the jurisdiction of a state. If someone should violate a law, such as engage in a criminal act that is a crime within a state, but that also violates a federal statute, such as a hate crime, the case might be adjudicated both locally (in the state court) and after that is resolved, it might also be tried in a federal court.

The job of the judicial branch is to sit in judgment over the laws passed by those who are elected to an office to create and pass laws.

Separation of Powers and the Judiciary's Powers

In the United States, there is a strict separation of powers, so that each of the branches of government balance one another out. The premise is that no one part of government should have more power than the others, and in this way, the rights of the people are protected against those who would usurp their rights in the pursuit of power.

Under separation of powers, there are various ways in which the judicial branch of government may interpret the laws as cases come before it. However, there are some questions as to just how far judicial power should extend.

• Some citizens believe that the judiciary should not “invent” laws. That is, in examining, explaining, and determining what a law means, and whether or not that law violates the US Constitution, or legal precedent, judges should not go beyond what they are legally entrusted to do. These supporters of the law as originally enacted are called "constructionists."

• Others believe that judges should have room to explain and even redefine what a law means. These people believe that any guiding document under which a government operates should have the room for reinterpretation, even though the country (in this case, the United States) has a means by which the founding documents can be amended to accommodate change.

In summary, the job of the justice branch is to be the court system which interprets and applyies the laws.