Judiciary

The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. This branch of the state is often tasked with ensuring equal justice under 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 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 or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. For a people to establish and keep the 'Rule of Law' as the operative norm in social constructs great care must be taken in the election and/or appointment of unbiased and thoughtful legal scholars who's loyalty to an oath of office is without reproach. If law is to govern and find acceptance generally courts must exercise fidelity to justice which means affording those subject to its jurisdictional scope the greatest presumption of inherent cultural relevance within this framework.

Judiciary of Scotland

The judiciary of Scotland sits in a variety of courts and makes decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences.

The Lord President, a post dating back to the High Middle Ages, is the most senior Scottish judge, The Lord President is the head of the country's judiciary and the presiding judge of the College of Justice, the supreme courts. College judges are called senators.

When sitting in the Court of Session Senators of the College of Justice are known as Lords of Council and Session and when sitting in the High Court of Justiciary they are known as Lords Commissioners of Justiciary. There are also some temporary judges who carry out the same work on a part-time basis.

Scotland’s sheriffs deal with most civil and criminal cases. There are 6 sheriffdoms, each served by a sheriff principal. Sheriffs principal are usually Queen's Counsel and sheriffs are either advocates or solicitors though many are also Queen's Counsel. Some advocates and solicitors serve as part-time sheriffs.

Judiciary of Russia

The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court, Supreme Court, and Supreme Court of Arbitration at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Judicial Qualification Collegia, the Ministry of Justice, and the various courts' chairpersons. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.

The judiciary faces many problems and a widespread lack of confidence but has also made much progress in recent times. There have been serious violations of the accepted separation of powers doctrine, systematic attempts to undermine jury trials, problems with access to justice, problems with court infrastructure and financial support, and corruption. But the judiciary has also seen a fairer and more efficient administration, a strengthening of the rule of law, moves towards a more adversarial system, and increased utilization of the justice system under Putin.