JUDICIARY

I.  Five Functions

1. Resolve Conflict

2. Maintain Social Control

3. Legitimize the Regime

4. Citizens accept result giving greater support to the ruling regime.

5. Protecting Minority Rights.

6. Making Public Policy

II.  Justice and the Political System

• The Concept of Justice

  If citizens perceive system as “just,” legitimacy of regime is strengthened.

III.  Two Systems of Justice

• Adversarial vs. Inquisitorial Systems

IV.  Kinds of Law

• Natural and Positive Law

• Basic Law

• Written constitutions, traditions, religious (i.e., Quran)

• Statutory Law

• Common Law

• Civil Law

• Criminal Law

V.  Judicial Institutions

• Structure and Design

• Selection and Tenure of Judges

• Two Irreconcilable Goals

• Hierarchy in Judicial Institutions

• Judicial Review

VI.  Judicial Decisions and Public Policy

• Judicial Policy Making

• Policy choices are made.

VII.  Perspective on Judicial Policy Making

• Judicial Activism

• Judicial Restraint