Relationship between the Legislature and the Judiciary

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Despite the fact that the legislature and the judiciary are kept separate from each other, both are intimately related.

Judicial Functions of the Legislature:

(1) Some legislatures of the world have direct judicial power. The use of Lords, for example, is the highest court of appeal in the U.K. The senate of America acts as the highest court of impeachment for high officials. The Indian parliament also has the authority to impeach President of the Republic.

(2) The judges in some countries can only be removed on the recommendation of the legislature. In India, for example, the judges of the supreme Court and High Courts can be removed from service by the president on receipt of an address passed by the Parliament by its two- thirds majority to this effect.

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(3) The Parliaments hear appeals in election cases. They try their members for breach of privileges. They may order arrest and try private citizens for breach of privileges of the Parliament. There is no appeal to courts against such decisions.

Legislative Functions of the Judiciary:

The judiciary in modern states is playing a vital role in the process of law making. The judiciary adds flesh and blood to the dry bones of laws by their interpretations and judgments. The Supreme Court of America has done a lot in this respect, it has removed all the flaws and filled in all the gaps of the original; constitution.

So great is the law making role of the Supreme Court of America that Laski called it the continuous constitutional convention and the third chamber of the American Legislature. The judges of the supreme Court have changed the constitution beyond recognition.

The judges also make laws by way of judicial precedents. These arc established when a novel case comes up before them and no reference is available in the existing body of laws regarding that particular ease. Judgement in such cases is given by judges according to the spirit of justice, enquiry and fair-play.

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Such a judgement becomes a judge made law or a judicial precedent. These serve as laws proper because future cases of similar nature are derided in the light of judicial precedents already established.

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