The Judiciary

Courts do more than settle disputes between individuals. In most democracies, the judiciary is the final guardian of the constitution — the institution that can tell even the most powerful elected leaders: "No. That's illegal."

Judicial Review

The power to strike down laws as unconstitutional is called judicial review. Not all countries have it, and those that do handle it differently:

• US Supreme Court: Established judicial review in Marbury v. Madison (1803). Any federal court can declare a law unconstitutional, with the Supreme Court as final arbiter. Judges serve for life.
• Germany's Federal Constitutional Court: A specialized court that ONLY handles constitutional questions. Widely considered one of the most powerful and respected courts in the world. Judges serve 12-year non-renewable terms.
• UK: Traditionally, Parliament was supreme — no court could override it. The UK Supreme Court (created 2009) can declare laws "incompatible" with human rights but can't strike them down. Parliament can ignore the declaration.
• France's Constitutional Council: Reviews laws BEFORE they take effect, not after. A preventive rather than remedial system.

How Judges Are Selected

Judicial selection determines judicial independence:

The US system is the most politicized — Supreme Court nominations have become pitched partisan battles, with nominees selected partly for their ideological leanings. Germany's system is also political but less contentious because both major parties must agree.

The Rule of Law

The rule of law means:

1. Laws apply equally to rulers and citizens
2. Laws are clear, public, and stable — not arbitrary
3. An independent judiciary enforces them
4. No one is above the law

The World Justice Project ranks countries on rule of law. Top 5 (2023): Denmark, Norway, Finland, Sweden, Netherlands. Bottom 5: Venezuela, Cambodia, Afghanistan, DRC, Haiti.