The Jurisdiction is the power, derived from the power of the state to resolve personal conflicts of any citizen using the law as a means of pressure for the verdict chosen by the judge is satisfied. The word derives from the Latin “jus” (right), “dicere” (declare) and “lurisdictio” (dictate right). Jurisdictions emerged as an organizational measure to initiate trials against criminals, in addition to creating a place to keep judges organized and also to update their knowledge; It should be noted that this is one of the organizations that appeared when an emerging society appeared.
The concept of jurisdiction covers a totally definitive and irrevocable nature, that is, once it has been decided, nothing and no one can annul it. The jurisdictional application is exclusive to the judicial power of any territory in the world, of course, respecting the competences of each one of them according to the matter. Once the power of the State has been exercised, the action is taken into account as res judicata. Now, when we talk about the definition of jurisdiction in a broad sense, we talk about the territory assigned to the court to exercise the power that corresponds to it by right and by law.
What is a jurisdiction
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The concept of jurisdiction is related to the geographic site that has been assigned by a competent authority so that the courts can make use of their capacities in the exercise of the law, respecting the competences according to the matter and amount of the court. In a fairly broad factor, jurisdiction is nothing more than the site or territory in which the State exercises and applies sovereignty. According to jurisprudence evaluated by legal scholars, jurisdiction is called a public function that can only be exercised by organs belonging to the State with a specific competence.
The jurisdiction has a series of characteristics and elements that allow its correct application in the territory that has been assigned by the authority or by the court. Now, thanks to the requirements stipulated in the laws that allow the exercise of jurisdiction, they make it possible for the state to settle different controversies, conflicts and problems of a legal nature. Once each of the elements submitted to trial have been evaluated, the res judicata is called and then a sentence is executed that may or may not be favorable. That, at a general level, encompasses the meaning of what jurisdiction is.
Characteristics of a jurisdiction
As mentioned previously, everything related to jurisdiction has a series of characteristics that allow its correct application free of vices or legal fraud. There is really talk of a public, unique, exclusive and non-delegable characteristic. Do you notice something important in them? Well yes, precisely each of them is present in the definition of jurisdiction precisely because it is thanks to them that it can exist. If one of these elements is missing, then it would not speak of a jurisdiction or, in the worst case, it would be totally flawed and any decision made under that premise would be void.
Well, seeing this from the characteristic point of view, it is possible to start from the public premise. Why is a jurisdiction public? Because the State is in charge of exercising sovereignty in the people, it does this through a concurrent jurisdiction, so that it can not only do its will according to jurisdiction and competence, but also satisfy the needs of individuals and even institutions that have to go through judicial processes or, in this case, through a jurisdictional process. It should be noted that thanks to these characteristics, it is regulated by means of the rules of public law.
On the other hand, there is the unique characteristic, which addresses a jurisdictional process at the national level, that is, it is always the same, there are no changes, no slight transformations or anything that has to do with the total or partial change of this. Regarding the exclusivity of this topic, it should be mentioned that it is subdivided into two highly imperative aspects not only for the understanding of law scholars, but also for the application in the specific or national territory. There is talk of an exclusivity at the internal level, which includes the courts authorized only by the constitution of a certain country to exercise its sovereignty.
Now, external exclusivity refers to the fact that States can exercise their sovereignty by excluding the rest regardless. Finally, there is the non-delegable characteristic and it is really the most important of all, this is because the judge who has been empowered with jurisdiction and competence, cannot excuse, delegate or inhibit himself when exercising the administration of justice. The simple fact of infringing this characteristic would suppose a serious consequence for the lawyer. It is not enough to accept the function, but to guarantee that it is being applied correctly, free of vices and following the parameters of the law.
Difference between jurisdiction and jurisdiction
As mentioned throughout this post, jurisdiction has to do with a certain territory assigned to a court so that it exercises the power to administer justice thanks to the power that the State has given it. Now, in terms of jurisdiction, this refers to a power imposed by the state to hear a certain conflict. In the area of law, we talk about civil, commercial, criminal, labor, constitutional issues, etc. If a court has commercial jurisdiction, it cannot decide on a labor dispute even when it has jurisdiction because it is not an issue that concerns it or simply because it does not have adequate knowledge to settle the dispute.
The difference between jurisdiction and competence is very latent and each premise is specified in the constitution of each existing territory in the world. One can even speak of a voluntary jurisdiction in different jurisdictions, but these are special cases that must be evaluated with great care. The competition, as well as the jurisdiction, also has its own classification. It is a territorial class, which grants the creation of a court or court with competence in certain matters in a specific geographic area. There is the objective jurisdiction, which is chosen by the court that will undertake to resolve the conflict.
Finally, the competition for connection, which brings together the processes that have subjects or objects in common. This is done at the administrative level to avoid dealing in isolation with a crime or conflict that has already been reported previously.
Elements of jurisdiction
As well as this has a series of characteristics and classifications, the jurisdiction also has 3 fundamental elements for its application in the designated territories, these are the form, content and its function. The form is nothing more than the parts that make up the legal process, it is also called as an external part of this procedure and is made up of the judge and the active and passive part. Likewise, one is facing the content, which is based on the conflict itself that generates the need to establish a court and proceed to a trial.
For this element to take effect, the state's power of enforcement is necessary, otherwise, there is no talk of a jurisdictional actor. The content is, in legal terms, the way to repair the right that has been injured or cracked by a specific person, institution, entity and even a company. After the content is fully studied, the parties can act, request the reparation of the right due to the damages and, finally, the court issues a sentence that must be executed as soon as possible. For this a competent jurisdictional management is done.
Finally, there is the element of the function, whose main objective is to create a constitutional guarantee that the injured right will be repaired, as long as it is sanctioned by the constitution of the territory or by any ordinary law in force during the process. The guarantee is to satisfy the needs of the collective, if this is not fulfilled, then it is not possible to speak of a State and even less, to mention the jurisdiction and everything related to it. Here, mention is made of the non-delegable characteristic because, unlike the laws, the sentences issued by the courts cannot be amended.
Limits of jurisdiction
Throughout this post it has been specified that the activity referring to jurisdiction encompasses time and space, taking this into account, it is even clearer that there are marked limitations that could prevent its application in certain areas. The limits according to time are related to the position of the judge, that is, the constitution gives a certain person the power to enforce justice in the courts, but of course, everything has a stipulated period of time. Once that period has expired, that judge cannot exercise jurisdiction.
Now, the limits according to space are subdivided into two important aspects: External and internal limits. The former define the space in which jurisdiction is to be applied. The broad rule is that state sovereignty is the limit. However, the inmates also include the jurisdiction of other countries and even their own functions, from here the so-called competence is born, which has been mentioned on multiple occasions in this broad and extensive topic related to law. Another important limit that must be highlighted is respect for the fundamental rights that all citizens of a given territory have.
With regard to the latter, the limit is quite marked because no judge can apply a sentence that goes against the fundamental rights of individuals, which are provided in the constitutions of the countries of the world. In some states, these rights are life, education, freedom of speech, freedom of sex, and even religion. Human rights are above the jurisdiction and any ordinary law in force or to be created and that cannot be changed unless the decision is unilateral by the United Nations (UN) organization.
Not even a voluntary jurisdiction or a health jurisdiction can override these fundamental rights.
What is the jurisdictional process
This process is even longer and more extensive than the same definition of jurisdiction, this is because it is an accumulation or set of legal actions that will be settled in a trial, so that the correct use and application can be made. of the law not only to resolve the conflict presented, but to satisfy the needs of the group or individuals whose rights have been violated. In these cases, the courts must comply with the duty of offering effective, sufficient and efficient legal protection.
The jurisdictional process is represented by the State through previously formed courts, by the intervening and interested parties, which in this case are the plaintiff and the defendant and, lastly, by third parties who, in one way or another, have interests in the case or whose presence is imperative for the resolution of the conflict. The processes are used and specified to apply a certain law, of course, taking into account the competence of the act to be able to solve it. This process has two important moments, the constitutional one, which cites the Magna Carta of a territory and the procedural one, which puts into action the articles to administer justice.
There is something extremely important that must be taken into account in this section and that is that the process and procedure are not the same things. The procedure covers all the rules and mechanisms used in the trial to be able to carry it out and clarify the doubts or settle the conflict. In general terms, it is about the acts, laws, expertise, resolutions and procedures that are carried out to finally clarify the facts, this is done by the judges and the courts to make use of their powers as administrative bodies of justice.
On the other hand, there is the process, which is extremely complex, this happens because, despite the fact that the process refers to the existence of a procedure in progress, it is not always present in the procedures. The process addresses the relationship of the active parties to the trial and its final objective, that is, the merely interested parties and the goal they wish to achieve, the prize or the right they wish to safeguard. The process has a very clear objective and it is to complete the trial in a fair way for all parties, justice will always be first.
For this to be achieved, the process uses the procedure. The word procedure is not unique and exclusive to procedural law, nor to litigation, it can be used and used in different contexts, in addition, in the judicial process, it is an external part, a formal activity that has a place and interest in procedural acts. If procedural law is taken into account, it is very clear that it is guided and deals directly with the process (trial) and not with the procedure. This can actually be quite complex at first glance, but once you have enough knowledge of the subject and the aspects of all this content are handled, all this becomes totally clear.
Jurisdiction is a broad topic that is worth studying, not only for general issues, but also for specific ones such as health jurisdiction and its importance in health centers around the world and the effect of jurisdictional bodies in both a territory as in the world.
