Separation of powers is the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with others. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in monarchies, but also parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative.
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
The government of Italy is in the form of a democratic republic, and was established by a constitution in 1948. It consists of legislative, executive, and judicial subdivisions, as well as a Head of State, or President.
The Government of Poland takes the form of a unitary parliamentary representative democratic republic, whereby the president is the head of state and the prime minister is the head of government. However, its form of government has also been identified as semi-presidential.
The Judicial Yuan is the judicial branch of the government of Taiwan. It runs a Constitutional Court and oversees all systems of courts of Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:
The Supreme Court (Filipino: Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema, is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.
The Constitution of Bangladesh, officially the Constitution of the People's Republic of Bangladesh is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a unitary, parliamentary democracy, that enshrines fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.
The Constitution of the Republic of Bulgaria is the supreme and basic law of the Republic of Bulgaria. The current constitution was adopted on 12 July 1991 by the 7th Grand National Assembly of Bulgaria, and defines the country as a unitary parliamentary republic. It has been amended five times.
The Supreme Court of Cassation is the final court of appeal in the Republic of Bulgaria. Its work is governed by the Constitution of 1991. According to Article 124, it exercises supreme judicial power over the application of the law in all courts. The Supreme Court of Cassation may even overturn a final decision by a lower court. It also takes part in the appointment of judges for the Constitutional Court. The Supreme Court of Cassation, however, does have to hand cases over to the Constitutional Court when it finds a contradiction between the laws and the Constitution of the Republic. If a question of constitutionality arises, the court may refer it to the Constitutional Court.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The law of the Republic of China as applied in Taiwan, Penghu, Kinmen and Matsu is based on civil law with its origins in the modern Japanese and German legal systems. The main body of laws are codified into the Six Codes:
The Constitution of the Philippines is the constitution or the supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987.
The Supreme Court of the Republic of Albania is the highest court of Albania and is the final court of appeals in the country's judicial system. It is composed of seventeen judges: the Chief Justice and sixteen Members.
The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789".
The Supreme Court of Mauritius is the highest court of Mauritius and the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for Mauritius.
The Ministry of Justice of the Republic of Uzbekistan,, is the central government body charged consistent implementation of a single state policy in the sphere of lawmaking and law enforcement practice in Uzbekistan.
The Judiciary of Kosovo is the collection of the central Kosovo institutions that exercises judicial authority in Kosovo. According to the 2008 Constitution of Kosovo, the judicial system is composed of the Supreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. The courts are administered by the Kosovo Judicial Council.
Since the new constitution of Ethiopia enacted in 1995, Ethiopia's legal system consisted of federal law with bicameral legislature. The House of People's Representatives (HoPR) is the lower chamber of bicameral legislature of Federal Parliamentary Assembly with 547 seats and the House of Federation with 108 seats, the former vested on executive power of Prime Minister and the Council of Ministers, and the latter have authority to interpret federal law and oversees regional and federal decisions.
