On the concept of “judicial power”
Автор: Kochetova A.V.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы уголовного права, уголовного процесса и криминалистики
Статья в выпуске: 4 т.15, 2015 года.
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The present article considers the notion of judicial power. The understanding of the given term becomes topical in the context of realization of a judicial reform. The understanding of the essence and purpose of the judicial power depends on the political order, the state structure, and perceptions of power itself. Thus, in the late XIX - early XX c. the judicial power was regarded as a means of exercising the royal authority. After the Revolution of 1917 the judiciary was considered as “a tool for nurturing discipline”. Nowadays under the judicial power one should understand the realized in the manner prescribed by law influence on the part of the country on the behaviour of people, their associations, organizations and other legal entities, conducted by means of the activity of judicial bodies of the Russian Federation. The judiciary’s purpose is to resolve disputes, arising in the activities of individuals, the society and the state. It is an institute formed by the state to exercise its administrative functions. Being an independent branch of power the judiciary has the following characteristics: self-reliance, independence, absoluteness, exceptional character of activities and implementation within certain procedures.
State authority, judicial power, court, judicial system, separation of powers, characteristics of judicial power
Короткий адрес: https://sciup.org/147150027
IDR: 147150027 | DOI: 10.14529/law150404