The executive , also referred to as the juditian or executive power , is that part of government which executes the law; in other words, directly makes the key decisions and holds power.
40-836: The Government of the Northern Territory of Australia , also referred to as the Northern Territory Government , the Government of the Northern Territory or simply the NT Government , is the executive branch of the Northern Territory . The Government of Northern Territory was formed in 1978 with the granting of self-government to the Territory. The Northern Territory is a territory of the Commonwealth of Australia , and
80-656: A cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times. Japan 's process for selecting judges is longer and more stringent than in various countries, like the United States and in Mexico . Assistant judges are appointed from those who have completed their training at
120-714: A court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France , the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases. In the People's Republic of China , the final authority on the interpretation of the law is the National People's Congress . Other countries such as Argentina have mixed systems that include lower courts, appeals courts,
160-787: A law degree during the five years preceding their nomination. United States Supreme Court justices are appointed by the President of the United States and approved by the United States Senate . The Supreme Court justices serve for life term or until retirement. The Supreme Court is located in Washington, D.C. The United States federal court system consists of 94 federal judicial districts . The 94 districts are then divided up into twelve regional circuits. The United States has five different types of courts that are considered subordinate to
200-405: A revised Code of Canon Law ( Codex Iuris Canonici ) promulgated by Pope Benedict XV on 27 May 1917 obtained legal force. The Decretalists , like the post-glossators for Ius Civile , started to write treatises, comments and advises with the texts. Around the 15th century, a process of reception and acculturation started with both laws. The final product was known as Ius Commune . It
240-496: Is a Prime Minister who assists the President, but who is not the head of government. In a parliamentary system , a cabinet minister responsible to the legislature is the head of government, while the head of state is usually a largely ceremonial monarch or president. Judiciary The judiciary (also known as the judicial system , judicature , judicial branch , judiciative branch , and court or judiciary system )
280-413: Is the responsibility of the legislature ) or enforce law (which is the responsibility of the executive ), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law . In many jurisdictions the judicial branch has the power to change laws through the process of judicial review . Courts with judicial review power may annul
320-449: Is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state . The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers , the judiciary generally does not make statutory law (which
360-573: The Glossa Ordinaria in 1263, ending the early scholastics. The successors of the Glossators were the Post-Glossators or Commentators. They looked at a subject in a logical and systematic way by writing comments with the texts, treatises and consilia , which are advises given according to the old Roman law. Canon law knows a few forms of laws: the canones , decisions made by Councils, and
400-676: The Constitution of Australia and Commonwealth law regulates its relationship with the Commonwealth. Under the Australian Constitution, the Commonwealth has full legislative power, if it chooses to exercise it, over the Northern Territory, and has devolved self-government to the Territory. The Northern Territory legislature does not have the legislative independence of the Australian states but has power in all matters not in conflict with
440-768: The Federal Cabinet can advise the Governor-General of Australia to overturn any legislation passed by the Assembly. (See also Electoral systems of the Australian states and territories ). The government consists of a Ministry appointed by the Administrator, from the elected members of the Assembly. The Administrator normally appoints the leader of the majority party in the Assembly as the Chief Minister. The other members of
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#1732851535096480-620: The Mexican Supreme Court are appointed by the President of Mexico , and then are approved by the Mexican Senate to serve for a fifteen-year term. Other justices are appointed by the Supreme Court and serve for six years. Federal courts consist of the 11 ministers of the Supreme Court, 32 circuit tribunals and 98 district courts. The Supreme Court of Mexico is located in Mexico City . Supreme Court Judges must be of ages 35 to 65 and hold
520-743: The Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system , federal cases are tried in trial courts , known as the US district courts , followed by appellate courts and then the Supreme Court. State courts , which try 98% of litigation , may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts". The judicial system, whether state or federal, begins with
560-412: The United States of America , government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the legislature is to pass laws, which are then enforced by the executive, and interpreted by the judiciary . The executive can also be
600-664: The decreta , decisions made by the Popes. The monk Gratian, one of the well-known decretists , started to organise all of the church law, which is now known as the Decretum Gratiani , or simply as Decretum . It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici . It was used by canonists of the Roman Catholic Church until Pentecost (19 May) 1918, when
640-534: The "post-classical era of Roman law". The most important legal event during this era was the Codification by Justinianus: the Corpus Iuris Civilis . This contained all Roman Law. It was both a collection of the work of the legal experts and commentary on it, and a collection of new laws. The Corpus Iuris Civilis consisted of four parts: During the late Middle Ages, education started to grow. First education
680-513: The Australian Constitution, the terms of admission of new states are decided by the Commonwealth Parliament. The terms offered included an increase to three seats in the Senate from two. The other states all have 12 senators. Alongside what was cited as an arrogant approach adopted by then Chief Minister Shane Stone , it is thought that many Territorians were reluctant to accept statehood on
720-650: The Constitution and applicable Commonwealth laws, but subject to a Commonwealth veto. Since 28 August 2024, the head of government is Chief Minister Lia Finocchiaro of the Country Liberal Party , following the election defeat of Eva Lawler as chief minister on 24 August 2024. Legislative power rests with the Legislative Assembly , which consists of the Administrator of the Northern Territory and
760-650: The Legal Training and Research Institute located in Wako . Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, and have been appointed by the Supreme Court of Japan . Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney. In the Japanese judicial branch there is the Supreme Court, eight high courts, fifty district courts, fifty family courts, and 438 summary courts. Justices of
800-678: The Supreme Court: United States bankruptcy courts , United States Court of Appeals for the Federal Circuit , United States Court of International Trade , United States courts of appeals , and United States district courts . Immigration courts are not part of the judicial branch; immigration judges are employees of the Executive Office for Immigration Review , part of the United States Department of Justice in
840-437: The directly elected head of government appoints the ministers. The ministers can be directly elected by the voters. In this context, the executive consists of a leader or leader of an office or multiple offices. Specifically, the top leadership roles of the executive branch may include: In a presidential system , the leader of the executive is both the head of state and government. In some cases, such as South Korea , there
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#1732851535096880-535: The evidence to convince the judge. After the French Revolution , lawmakers stopped interpretation of law by judges, and the legislature was the only body permitted to interpret the law; this prohibition was later overturned by the Napoleonic Code . In common law jurisdictions, courts interpret law; this includes constitutions, statutes, and regulations. They also make law (but in a limited sense, limited to
920-409: The executive is responsible to the elected legislature, which must maintain the confidence of the legislature or one part of it, if bicameral. In certain circumstances (varying by state), the legislature can express its lack of confidence in the executive, which causes either a change in governing party or group of parties or a general election. Parliamentary systems have a head of government (who leads
960-502: The executive, often called ministers ) normally distinct from the head of state (who continues through governmental and electoral changes). In the Westminster type of parliamentary system , the principle of separation of powers is not as entrenched as in some others. Members of the executive ( ministers ), are also members of the legislature, and hence play an important part in both the writing and enforcing of law. In presidential systems ,
1000-408: The facts of particular cases) based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law. Common law decisions set precedent for all courts to follow. This is sometimes called stare decisis . In the United States court system ,
1040-544: The judiciary and judicial systems over the course of history. The most important part was Ius Civile (Latin for "civil law"). This consisted of Mos Maiorum (Latin for "way of the ancestors") and Leges (Latin for "laws"). Mos Maiorum was a set of rules of conduct based on social norms created over the years by predecessors. In 451–449 BC, the Mos Maiorum was written down in the Twelve Tables . L' were rules set by
1080-415: The largess of the empire. This process only had one phase, where the case was presented to a professional judge who was a representative of the emperor. Appeal was possible to the immediate superior. During this time period, legal experts started to come up. They studied the law and were advisors to the emperor. They also were allowed to give legal advice on behalf of the emperor. This era is also known as
1120-407: The laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation , the provisions of the constitution , treaties or international law . Judges constitute a critical force for interpretation and implementation of a constitution, thus in common law countries creating the body of constitutional law. This is a more general overview of the development of
1160-454: The leaders, first the kings, later the popular assembly during the Republic. In these early years, the legal process consisted of two phases. The first phase, In Iure , was the judicial process. One would go to the head of the judicial system (at first the priests as law was part of religion) who would look at the applicable rules to the case. Parties in the case could be assisted by jurists. Then
1200-465: The members of the Assembly. While the Assembly exercises roughly the same powers as the state governments of Australia, it does so by a delegation of powers from the Commonwealth, rather than by any constitutional right. This means that the Australian Parliament retains the right to legislate for the Territory, if it chooses to exercise it. Under the law granting self-government to the Territory,
1240-494: The ministry are appointed by the Administrator on the advice of the Chief Minister. The Northern Territory Government is a member of the Council of Australian Governments . Source: For many years there has been agitation for statehood. A referendum was held on the issue in 1998, but the proposal was narrowly rejected. This was a shock to both the Northern Territory and Commonwealth governments, for opinion polls showed most Territorians supported statehood. However, under s. 121 of
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1280-416: The offered terms. Executive branch The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In democratic countries, the executive often exercises broad influence over national politics, though limitations are often applied to the executive. In political systems based on the separation of powers , such as
1320-686: The renewed interest in the old texts. The rediscovery of the Digesta from the Corpus Iuris Civilis led the university of Bologna to start teaching Roman law. Professors at the university were asked to research the Roman laws and advise the Emperor and the Pope with regards to the old laws. This led to the Glossators to start translating and recreating the Corpus Iuris Civilis and create literature around it: Accursius wrote
1360-526: The second phase would start, the Apud Iudicem . The case would be put before the judges, which were normal Roman citizens in an uneven number. No experience was required as the applicable rules were already selected. They would merely have to judge the case. The most important change in this period was the shift from priest to praetor as the head of the judicial system. The praetor would also make an edict in which he would declare new laws or principles for
1400-455: The source of certain types of law or law-derived rules, such as a decree or executive order . In those that use fusion of powers , typically parliamentary systems , such as the United Kingdom , the executive forms the government, and its members generally belong to the political party that controls the legislature. Since the executive requires the support and approval of the legislature,
1440-474: The two bodies are "fused" together, rather than being independent. The principle of parliamentary sovereignty means powers possessed by the executive are solely dependent on those granted by the legislature, which can also subject its actions to judicial review. However, the executive often has wide-ranging powers stemming from the control of the government bureaucracy , especially in the areas of overall economic or foreign policy . In parliamentary systems,
1480-559: The year he was elected. This edict is also known as praetorian law. The Principate is the first part of the Roman Empire, which started with the reign of Augustus . This time period is also known as the "classical era of Roman Law" In this era, the praetor's edict was now known as edictum perpetuum .which were all the edicts collected in one edict by Hadrian . Also, a new judicial process came up: cognitio extraordinaria (Latin for "extraordinary process"). This came into being due to
1520-499: Was a combination of canon law, which represented the common norms and principles, and Roman law, which were the actual rules and terms. It meant the creation of more legal texts and books and a more systematic way of going through the legal process. In the new legal process, appeal was possible. The process would be partially inquisitorial , where the judge would actively investigate all the evidence before him, but also partially adversarial , where both parties are responsible for finding
1560-477: Was limited to the monasteries and abbeys, but expanded to cathedrals and schools in the city in the 11th century, eventually creating universities. The universities had five faculties: arts, medicine, theology, canon law and Ius Civile , or civil law. Canon law, or ecclesiastical law are laws created by the Pope, head of the Roman Catholic Church. The last form was also called secular law, or Roman law. It
1600-518: Was mainly based on the Corpus Iuris Civilis , which had been rediscovered in 1070. Roman law was mainly used for "worldly" affairs, while canon law was used for questions related to the church. The period starting in the 11th century with the discovery of the Corpus Iuris Civilis is also called the Scholastics , which can be divided in the early and late scholastics. It is characterised with
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