Political and Legal Studies of the Judicial Power

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This article discusses various scientific and theoretical approaches to the concept of "judicial power". The knowledge accumulated from the Soviet period to the present testifies to the versatility and multidimensional nature of the concept of "judicial power", which is due to the evolution of state-legal thought and the transformation of socio-political systems. Each researcher, choosing for himself a priority aspect of judicial power – be it its functional purpose, institutional structure, social role or connection with other branches of government – offers his vision of this scientific phenomenon, enriching the general understanding. A scientific and theoretical analysis of the scientists' judgments shows that the scientific community has not come to a common denominator in defining the concept of "judicial power". To this day, many questions remain open, and scientific discussion continues among both government experts and legal scholars in the post-Soviet space. Judicial power as an object of scientific research is subject to various interpretations, new approaches using various methods of cognition are emerging. Judicial power as a political and legal category has an impact on all spheres of public life. The rules for the exercise of judicial power are dictated by formal and informal institutions, which simultaneously establish institutional guarantees for ensuring the independence and independence of this branch of government, which is a prerequisite for fair and impartial justice. There is no doubt that institutions lack a universal and generally accepted formulation of the concept of judicial power, which stimulates scientific research. In this regard, legal science, represented by scientists, is taking measures to determine the theoretical and legal content of this category. In this article, we tried to highlight the course of political and legal thought about the unique phenomenon of "judicial power".

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Judicial power, judicial system, institutionalization, formal and informal institutions, social order, separation of powers

Короткий адрес: https://sciup.org/14132837

IDR: 14132837   |   DOI: 10.33619/2414-2948/115/63

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