03 Other institutions

Judiciary

  • Role of Judiciary

    • The judiciary is responsible for resolving legal disputes across different areas including criminal, civil, administrative, and military law

  • Court Systems

    • General and specialized courts.

    • Types of courts include:

      • Criminal courts

      • Civil courts

      • Administrative courts

      • Military courts (tribunals in the UK)

    • Court hierarchy includes:

      • First instance courts

      • Appeal courts

      • High / Supreme Courts (Curia in Hungary)

  • Judicial Independence

    • Self-governing judicial bodies to ensure independence.

    • Includes arbitration courts and dedicated Constitutional Courts.

  • Judicial Process

    • Judges interpret and enforce laws, ensuring compliance and protection of the constitution.

    • Components of the criminal justice system include law enforcement officers, courts, prosecutions, public defenders, and corrections, often involving jury systems in the Anglo-Saxon tradition.

  • Public Prosecutor

    • Investigates and oversees criminal investigations, and represents public prosecution in court.

Judicial Review and Constitutional Courts

  • Judicial Review

    • The special role of judges in reviewing laws and actions for constitutional compliance.

  • Types of Review

    • Ordinary courts conduct concrete review.

    • Separate Constitutional Courts (e.g., Austria) perform:

      • Ex ante and ex post reviews

      • Abstract review

      • Nullification of laws

  • Selection of Constitutional Court Judges

    • Typically elected by supermajority in parliament or selected via joint decisions from multiple institutions.

  • Judicial Philosophy

    • Debates between textualism/originalism vs. judicial activism regarding law interpretation.

Evolution of Judicial Issues

  • U.S. Supreme Court Developments

    • 19th century: Focus on constitutional framework and power relations.

    • Early 20th century: Regulation of economy and private property.

    • Post-New Deal era (1960s onwards): Expanding civil rights and liberties including suffrage, anti-segregation, due process, abortion rights, affirmative action, etc.

Jurisdictions and Independence

  • Separation of Powers

    • Montesquieu’s theory promoting an independent judiciary.

  • Judicial Tenure

    • Life tenure or long-term appointments are key to independence.

    • Financial independence and limited influence from other branches are crucial.

  • Types of Bias

    • External bias from political bodies or private actors.

    • Internal bias arising from judges' personal values.

  • Legal Traditions

    • Common law: focuses on judicial precedent.

    • Roman law: relies on comprehensive legal codes.

Legal Systems Overview

  • Types of Legal Systems

    • Civil Law and Common Law distinctions.

    • Variants such as Jewish law, Napoleonic law, Germanic law, and Islamic law (Sharia).

    • Mixed forms of law can occur, blending various legal traditions.

Ombudspersons

  • Historical Origins

    • Concept originates from ancient inspectors in China; formalized in Sweden in the 18th century.

    • The 1713 establishment of the Supreme Ombudsman to oversee civil servants’ compliance with laws.

  • Modern Ombudspersons

    • A state official serving as an advocate for citizens against governmental misdeeds.

    • Investigates complaints, mediates disputes, and recommends actions.

  • Specializations

    • General ombudspersons for human rights and specialized ombudspersons for children, minorities, consumers, etc.

    • Seen in over 110 countries, including the EU.

Central Banks

  • Definition and Evolution

    • Serve as national banks, established in the late 19th and early 20th century.

  • Main Functions

    • Formulate and execute monetary policy.

    • Control money supply and interest rates.

    • Regulate the banking sector.

  • Objectives

    • Maintaining price stability and supporting governmental economic policy.

  • Status

    • Often operate independently from the government.

    • Governed by a president and a Monetary Policy Committee (MPC).

Public Administration

  • Definition

    • Composed of civil servants responsible for executing laws and policies.

  • Main Responsibilities

    • Implementing laws, preparing reports, managing governmental affairs, and running public welfare institutions.

  • Influence on Administration

    • Knowledge transfer and continuity play critical roles.

    • Relationships between political and administrative powers can vary significantly across systems.

  • Structure

    • Can be centralized, decentralized, or deconcentrated, encompassing various governmental levels.

Bureaucracy Characteristics

  • Ideal Bureaucracy (Max Weber)

    • Emphasizes division of labor, formal rules, authority hierarchy, impersonality, and merit-based promotions.

  • Modern Influences

    • Political dynamics introduce complexity and potential chaos within bureaucratic structures, as highlighted by Tilo Schabert.

Local (Municipal) Governments

  • Local Governance

    • Municipal governments can establish local regulations and are responsible for local services.

  • Structure and Tasks

    • May involve elected officials like mayors and local councils.

    • Tasked with executing central policies at a local level, retaining varying degrees of independence from central authorities.