What is the difference between the legislature and the judiciary?

The notion of law: The legal term is all that is related to the notion of law while in contrast the term judicial encompasses everything that relates to justice.

Setting the right word: The legal term means the rules that govern the lives of men in society.

The rule of law is general because it applies to all without distinction, it is permanent since it must be repealed to disappear and is mandatory. The legal rule or law differs from other rules by its mandatory nature which implies a sanction for non-compliance with the rule.

This sanction is socially organized: it is pre-planned and it is inflicted by State organs.
The stress can come from two bodies: either it is the judge, or he is the agent.
Law and religion

The relationship between law and religion: Every religion influences right, this influence will be stronger or weaker depending on the degree of state secularism. Our rules underwent the Judeo Christian influence,

For example:
  • rest on Sunday for the right to work,
  • every child should respect and honor his parents where family relief in civil law
  • do not steal or kill to criminal law.

The law and morality

This is especially the study of the evolution of morals,

For example- the illegitimate child who now has the same rights as legitimate children.


On the other hand, the judge will often be confronted with questions that return to his own moral, indeed there are issues where the judge can decide because there is no article of law making it reference, or the judge obligation to adjudicate under pain of denial of justice.


It is found in court decisions changes in the law based on the evolution of morality, i.e in 1995, Parakeet stop where the cessation admitted to being the possibility of compensation to be born disabled.

Major legal disciplines


1. The private law disciplines

Private law is the set of rules concerning the legal life between individuals but also groups they form (e.g, association, corporation, foundation ...).

Civil law

Civil law is the set of rules that govern the lives of citizens (by people living in the same country), i.e the right of membership, contract law, contract law, matrimonial law, property law, law of succession.

b. Ancillary rights
Social law:
  • Labor law
  • The right to social security
  • Business law:
  • Company law
  • The bankruptcy law
  • The competition law
  • The consumer law
  • The environmental law.

2. Public law disciplines

Constitutional law is to organize the relation of state organs them (mainly the three powers) and with citizens, the source being the Constitution and its preamble (Declaration of the Rights of Man and of the Citizen).

Administrative law organizes the ratio of different administrations together and with citizens.
  • Tax law.
  • Public international law.
What is the difference between the legislature and the judiciary? What is the difference between the legislature and the judiciary? Reviewed by Hosne on 12:50 AM Rating: 5
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