What is power of attorney?

What Does power of attorney Mean

Every state has three basic powers: the executive power , the legislative power, and the judicial power . Through these powers, which are exercised through various institutions, the State can develop, modify and apply laws, in addition to executing public policies.

The judiciary is the state power that allows the administration of justice through the application of laws . In this way, the State resolves disputes, protects the rights of citizens and enforces the obligations and responsibilities inherent to each part of society.

When the concept is written with initial capital letters ( Judicial Power ), it refers to the bodies and institutions that are responsible for the application of legal regulations, such as courts and tribunals . Under a democratic system, the Judicial Branch functions autonomously from the Executive Branch and the Legislative Branch, in such a way as to guarantee impartiality in its decisions.
The Judicial Power, in this way, can protect the citizen from eventual abuses committed by the Executive Power or the Legislative Power. The functioning of the Judicial Power, in turn and like the rest of the powers, is governed by the Constitution (which brings together the fundamental norms that regulate the activity of the State).
If the president of a country (maximum leader of the Executive Power) commits an abuse of power and violates the rights of citizens, the Judicial Power can safeguard the interests of the people through various remedies. On the other hand, if the wrongdoer is an official of the Judicial Power, the Legislative Power has the power to subject him to a political trial .
According to the classical theory of Charles Louis de Secondat, a political thinker popularly known as Montesquieu and the author of one of the most influential legacies of the Enlightenment, thanks to the division of powers, citizens are guaranteed their freedom. Unfortunately, this does not always happen.
The functioning of the Judicial Power is permanent; its organs are stable and have functions that cannot be delegated. It is important to note that the Judiciary does not have the power to act ex officio (when a judicial proceeding is initiated without the interested party having acted), but must do so at the request of the party (when the interested party demands its action), and It cannot judge on the contents of the law except according to it.

A concept highly linked to that of the Judiciary is that of jurisprudence , since it represents the group of decisions made by the courts with respect to a given matter. Through the analysis of jurisprudence, it is possible to know the interpretation that the judges give to each case, and this makes it a fundamental element of the unifying principle.
The unifying principle of jurisprudence refers to the search for coherence between the interpretations of the judges on the same matter , and the Supreme Court of Justice is the body that applies it. Jurisprudence, therefore, is a doctrine that requires knowing the past in order to decide how to act in the present: through the study of past judgments, it is possible to determine the best way to apply the laws.
The highest representative of the Judiciary is the Supreme Court of Justice and its main function is to control the legality and constitutionality of the acts carried out by the Public Power, basing its exercise on the laws and the Constitution. It has functional, administrative and financial autonomy and is made up of different chambers , among which are the criminal, constitutional, electoral and social. These chambers, in turn, consist of magistrates.

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