Judicial Yuan
Encyclopedia
The Judicial Yuan is one of five branches of the government of the Republic of China
in Taiwan
and serves as the highest judicial organ in Republic of China
. Its Justices of the Constitutional Court (大法官會議, literally ‘Council of Grand Justices’), with 15 members, is charged with interpreting the Constitution
. The President and Vice President of the Judicial Yuan are chosen from among the Honorable Justice by the President
. Eight of the grand justices, including the president and vice president of the Judicial Yuan, serve four-year terms, and the remaining Honorable Justices serve eight-year terms.
The Judicial Yuan also supervises the lower courts, which consist of the Supreme Court
, the high courts, district courts
, the Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries.
According to Articles 77 and 78 of the Constitution of the Republic of China, Article 5 of the Additional Articles of the Constitution, Articles 30, 43, and 75 of the Local Government Systems Act, the major functions of the Judicial Yuan are as follows:
: Taipei
（台北）, Panchiao （板橋）, Shihlin （士林）, Taoyuan （桃園）, Hsinchu
（新竹）, Miaoli
（苗栗）, Taichung
（台中）, Nantou
（南投）, Changhua
（彰化）, Yunlin （雲林）, Chiayi
（嘉義）, Tainan
（臺南）, Kaohsiung
（高雄）, Pingtung
（屏東）, Taitung
（臺東）, Hualien
（花蓮）, Yilan (宜蘭), Keelung
(基隆), Penghu (澎湖); and two District Courts in Fujian
: Kinmen
(金門) and the Matsu Islands
(馬祖).
Each District Court may establish one or more summary divisions for the adjudication
of cases suitable for summary judgment
. The civil
summary procedure is for cases involving an amount in controversy
s of not more than 300,000 New Taiwan dollar
and for simple legal disputes. Currently there are a total of 45 divisions in Taiwan. Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles
, family
, traffic
, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge
who supervises and assigns the business of the division. Each District Court has a Public Defenders'
Office and a Probation
Officers' Office.
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases
. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeal
s or interlocutory appeal
s from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.
A petition for an interpretation of the Constitution shall be filed in the following circumstances:
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Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
in Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
and serves as the highest judicial organ in Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
. Its Justices of the Constitutional Court (大法官會議, literally ‘Council of Grand Justices’), with 15 members, is charged with interpreting the Constitution
Constitution of the Republic of China
The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...
. The President and Vice President of the Judicial Yuan are chosen from among the Honorable Justice by the President
President of the Republic of China
The President of the Republic of China is the head of state and commander-in-chief of the Republic of China . The Republic of China was founded on January 1, 1912, to govern all of China...
. Eight of the grand justices, including the president and vice president of the Judicial Yuan, serve four-year terms, and the remaining Honorable Justices serve eight-year terms.
The Judicial Yuan also supervises the lower courts, which consist of the Supreme Court
Supreme Court of the Republic of China
The Supreme Court of the Republic of China -History:In 1927, the government of the Republic of China renamed Dali Yuan to the Supreme Court...
, the high courts, district courts
District Courts (Republic of China)
In the law of the Republic of China, the District Courts are the ordinary trial courts of general jurisdiction.- Courts :There are currently 19 District Courts on the island of Taiwan: Taipei （台北）, Panchiao （板橋）, Shihlin （士林）, Taoyuan （桃園）, Hsinchu （新竹）, Miaoli （苗栗）, Taichung （台中）, Nantou （南投）,...
, the Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries.
According to Articles 77 and 78 of the Constitution of the Republic of China, Article 5 of the Additional Articles of the Constitution, Articles 30, 43, and 75 of the Local Government Systems Act, the major functions of the Judicial Yuan are as follows:
- To interpret the Constitution and to unify the interpretation of laws and orders;
- To impeach the president and the Vice President of the Republic and to adjudicate cases concerning the dissolution of political parties that violate the Constitution;
- To adjudicate civil and criminal cases;
- To adjudicate administrative cases;
- To adjudicate cases concerning disciplinary measures with respect to public functionaries; and
- To interpret whether local self-government ordinances and matters conflict with national laws or the Constitution.
- Judicial Administrative Power of the Constitutional Court.
District Courts
There are currently 19 District Courts on the island of TaiwanTaiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
: Taipei
Taipei
Taipei City is the capital of the Republic of China and the central city of the largest metropolitan area of Taiwan. Situated at the northern tip of the island, Taipei is located on the Tamsui River, and is about 25 km southwest of Keelung, its port on the Pacific Ocean...
（台北）, Panchiao （板橋）, Shihlin （士林）, Taoyuan （桃園）, Hsinchu
Hsinchu County
Hsinchu County is a county in north-western Taiwan. The population of the county is mainly Hakka; there is a Taiwanese aboriginal minority in the southeastern part of the county. Zhubei is the capital of Hsinchu, where the government office and county office is located...
（新竹）, Miaoli
Miaoli County
Miaoli County is a county in western Taiwan. The name Miaoli was coined using two Hakka words, cat and raccoon dog , which phonetically approximate Pali , a community of Taokas people...
（苗栗）, Taichung
Taichung
-Demographics:Taichung’s population was an estimated 1,040,725 in August 2006. There are slightly more females in the city than males.24.32% of residents are children, while 16.63% are young people, 52.68% are middle-age, and 6.73% are elderly....
（台中）, Nantou
Nantou
Nantou may refer to:* Nantou County - central Taiwan, Republic of China* Nantou City - a city in Nantou County, Taiwan Province, Republic of China...
（南投）, Changhua
Changhua County
Changhua County is the smallest county in Taiwan located on the westside of Taiwan. It is officially governed as a county of the Republic of China .-Urban townships:# Beidou Township # Erlin Township...
（彰化）, Yunlin （雲林）, Chiayi
Chiayi
-Administration:-City attractions:*Chiayi Park*Sun Shooting Tower *Lantan *Historic Archives Building of Chiayi City*University of Chiayi*Chiayi Museum...
（嘉義）, Tainan
Tainan
Tainan City is a city in southern Taiwan. It is the fifth largest after New Taipei, Kaohsiung, Taichung, and Taipei. It was formerly a provincial city, and in 2010, the provincial city merged with the adjacent Tainan County to form a single special municipality. Tainan faces the Taiwan Strait in...
（臺南）, Kaohsiung
Kaohsiung
Kaohsiung is a city located in southwestern Taiwan, facing the Taiwan Strait on the west. Kaohsiung, officially named Kaohsiung City, is divided into thirty-eight districts. The city is one of five special municipalities of the Republic of China...
（高雄）, Pingtung
Pingtung County
Pingtung County is a county in Southern Taiwan. Pingtung County is officially administered as a county of the Republic of China . The oldest national park in Taiwan, Kenting National Park, was established in Pingtung County in 1984...
（屏東）, Taitung
Taitung City
Taitung City is the county seat of Taitung County, Taiwan. It lies on the southeast coast of Taiwan facing the Pacific Ocean.The city is served by Taitung Airport. Taitung is a gateway to Green Island and Orchid Island, both of which are very popular among Taiwanese tourists.-History:Taitung...
（臺東）, Hualien
Hualien County
Hualien County is the largest county in Taiwan and is located on the mountainous eastern coast of Taiwan. It contains the island's largest port. It is the starting point of the Hualien-Taitung Line and the terminal point of North-Link Line of TRA...
（花蓮）, Yilan (宜蘭), Keelung
Keelung
Keelung City is a major port city situated in the northeastern part of Taiwan. It borders New Taipei and forms the Taipei–Keelung metropolitan area, along with the Taipei and New Taipei. Nicknamed the Rainy Port for its frequent rain and maritime role, the city is Taiwan's second largest seaport...
(基隆), Penghu (澎湖); and two District Courts in Fujian
Fujian
' , formerly romanised as Fukien or Huguing or Foukien, is a province on the southeast coast of mainland China. Fujian is bordered by Zhejiang to the north, Jiangxi to the west, and Guangdong to the south. Taiwan lies to the east, across the Taiwan Strait...
: Kinmen
Kinmen
Kinmen , also known as Quemoy , is a small archipelago of several islands administered by the Republic of China : Greater Kinmen, Lesser Kinmen, and some islets. Administratively, it is Kinmen County of Fujian Province, ROC. The county is claimed by the People's Republic of China as part of its...
(金門) and the Matsu Islands
Matsu Islands
The Matsu Islands are a minor archipelago of 19 islands and islets in the Taiwan Strait administered as Lienchiang County , Fujian Province of the Republic of China . Only a small area of what is historically Lienchiang County is under the control of the ROC...
(馬祖).
Each District Court may establish one or more summary divisions for the adjudication
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
of cases suitable for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
. The civil
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
summary procedure is for cases involving an amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
s of not more than 300,000 New Taiwan dollar
New Taiwan dollar
The New Taiwan dollar , or simply Taiwan dollar, is the official currency of the Taiwan Area of the Republic of China since 1949, when it replaced the Old Taiwan dollar...
and for simple legal disputes. Currently there are a total of 45 divisions in Taiwan. Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, family
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, traffic
Traffic court
Traffic court is a term that refers to a municipality's specialized judicial process for handling traffic ticket cases. In the United States, a person who is given a citation by a police officer can either plead guilty and pay the indicated fine directly to the court house, by mail, or in some...
, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
who supervises and assigns the business of the division. Each District Court has a Public Defenders'
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
Office and a Probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
Officers' Office.
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s or interlocutory appeal
Interlocutory appeal
An interlocutory appeal , in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the...
s from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.
High Courts
There is one High Court in the Taiwan area with four branch courts in Taichung （台中）, Tainan （臺南）, Kaohsiung （高雄）, and Hualien （花蓮）. In the Fuchien area, there is a Kinmen Branch Court of the Fuchien High Court. The High Courts and its branches exercise jurisdiction over the following cases:- Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;
- Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;
- First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;
- Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and
- Other cases prescribed by law.
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.
Supreme Court
The Supreme Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:- appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;
- appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;
- appeals from rulings of High Courts or their branches;
- appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;
- civil and criminal retrials within the jurisdiction of the court of third instance;
- extraordinary appeals; or
- any other case as specified by laws.
Administrative Courts
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.Judges
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference. Furthermore, Article 81 states that Judges shall hold office for life. No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.Justices of the Constitutional Court
The Justices of the Constitutional Court (also known as the Council of Grand Justices) provides rulings on the following four categories of cases:- Interpretation of the Constitution;
- Uniform Interpretation of Statutes and Regulations;
- Impeachment of President and Vice President of the Republic of China; and
- Declaring the dissolution of political parties in violation of the Constitution.
A petition for an interpretation of the Constitution shall be filed in the following circumstances:
- Where a central or local government agency is uncertain regarding the application of the Constitution while exercising its powers, or, if the agency, while exercising its powers, has disputes with another agency regarding the application of the Constitution, or if the agency is uncertain of the constitutionality of a particular law or order when applying the same;
- Where an individual, a juristic person, or a political party, alleges that his or its constitutional right has been infringed and who has exhausted all judicial remedies provided by law, questions the constitutionality of the law or order applied by the court of last resort in its final decision;
- Where the Members of the Legislative Yuan, in exercising their powers, are uncertain regarding the application of the Constitution or with regard to the constitutionality of a particular law when applying the same, and at least one-third of the total number of the Members of the Legislative Yuan have filed a petition; or
- Where any court believes that a particular law, which it is applying to a case pending with it, is in conflict with the Constitution.
List of Justices of the Constitutional Court
The Justices are:- The Honorable Chief Justice & President of the Judicial Yuan Hau-Min Rai
- The Honorable Justice & Vice President of the Judicial Yuan Yeong-Chin Su
- The Honorable Justice Sea-Yau Lin
- The Honorable Justice Chi-Ming Chih
- The Honorable Justice Chen-Shan Li
- The Honorable Justice Ching-You Tsay
- The Honorable Justice Mao-Zong Huang
- The Honorable Justice Ming Chen
- The Honorable Justice Pai-Hsiu Yeh
- The Honorable Justice Chun-Sheng Chen
- The Honorable Justice Shin-Min Chen
- The Honorable Justice Beyue C. Su
- The Honorable Justice Hsi-Chun Huang
- The Honorable Justice Chang-Fa Lo
- The Honorable Justice Te-Chung Tang
List of Presidents of the Judicial Yuan
- Wang Chung-hui (1948-6)
- Hsieh Kuan-sheng (1958-6)
- Tien Chung-chin (1971-12)
- Tai Yen-hui (1977-4)
- Huang Shao-ku (1979-7)
- Lin Yang-kangLin Yang-kangLin Yang-kang is a politician in the Republic of China .-Biography:Born in Nantou County, Taiwan, Lin graduated from National Taiwan University with a bachelor of science degree...
(1987-4) - Shih Chi-yang (1994-9)
- Weng Yueh-sheng (1999–2007)
- Lai In-JawLai In-JawLai In-Jaw, S.J.D., is the former President of the Judicial Yuan as well as Chief Justice of the Constitutional Court of the Republic of China . He was the senior advisor to Taiwan President Chen Shui-Bian for a short time before taking his position in Judicial Yuan.- External links :Official...
(2007–2010) - Hau-Min Rai (2010–present)
See also
- Constitution of the Republic of ChinaConstitution of the Republic of ChinaThe Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...
- Six CodesSix CodesSix Codes, , refers to the six main legal codes that make up the main body of law in Republic of China , Republic of Korea and Japan ....
- Law in TaiwanLaw in TaiwanThis page is a history of the legal regime in Taiwan.- Aboriginal Law :The earliest majority inhabitants of Taiwan were probably from Southeast Asia and are racially similar to the Malay group who inhabit Malaysia and Indonesia...
- Law schools in TaiwanLaw schools in TaiwanIn Taiwan, law is primarily studied as an undergraduate program resulting in a Bachelor of Law . It is said that this degree is equivalent to the 'first' professional degree in law . This is the reason why most Taiwan Universities have departments of law rather than schools of law...
- Ministry of Justice (Republic of China)Ministry of Justice (Republic of China)The Ministry of Justice of the Republic of China is a ministerial level governmental body of the Executive Yuan. It is responsible for carrying out various judicial functions in the Republic of China .-Organization:...
- Law of the Republic of ChinaLaw of the Republic of ChinaLaw of the Republic of China is mainly based on the civil law system. The legal structure is codified into the Six Codes:#the Constitution #the Civil Code #the Code of Civil Procedure and associated laws#the Criminal Code...
- Supreme Court of the Republic of ChinaSupreme Court of the Republic of ChinaThe Supreme Court of the Republic of China -History:In 1927, the government of the Republic of China renamed Dali Yuan to the Supreme Court...
- Taiwan High Prosecutors OfficeTaiwan High Prosecutors OfficeTaiwan High Prosecutors Office is located in Taipei, Taiwan. The territorial jurisdiction covers the jurisdictions of Taipei, Shihlin, Banchiao, Taoyuan, Hsinchu, Keelung, and Yilan District Prosecutors Office.- General :...
- District Courts (Republic of China)District Courts (Republic of China)In the law of the Republic of China, the District Courts are the ordinary trial courts of general jurisdiction.- Courts :There are currently 19 District Courts on the island of Taiwan: Taipei （台北）, Panchiao （板橋）, Shihlin （士林）, Taoyuan （桃園）, Hsinchu （新竹）, Miaoli （苗栗）, Taichung （台中）, Nantou （南投）,...
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- JurisprudenceJurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
- JudiciaryJudiciaryThe judiciary 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...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...