Wikipedia:Reference desk/Archives/Humanities/2022 October 22

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October 22

judgement enforcement

why is it that enforcement of judicial decisions are done by the executive actors and that the judiciary is deficient in power to do so? Grotesquetruth (talk) 08:04, 22 October 2022 (UTC)

Because it's dissociating the judiciary action, thus the judiciary time, from the time of urgency. Besides its capacity to mandate is indicative of its power, rather than coincidently, its strength. Whereas power may be challenged through its capacity, it's much harder to efficiently challenge one enabled through mandate because emerges first it's the object of the mandate that has to be challenged. --Askedonty (talk) 08:54, 22 October 2022 (UTC)

If this power is not granted to the judiciary, this is done by design to create a balance of powers between various powerful actors. You don't want to give any one party the power to act as a prosecutor, judge and executioner. This would make it very hard to counter abuse of power.  --Lambiam 17:31, 22 October 2022 (UTC)

See Separation of powers. Xuxl (talk) 19:19, 22 October 2022 (UTC)

In fact enforcement has not to be specificaly related to the executive, see Police power (United States constitutional law) --Askedonty (talk) 19:32, 22 October 2022 (UTC)

I get tired of saying this, but in what jurisdiction are you asking about? The legal and political systems of the world are not universal, and when you ask these broad questions without specifying which legal/political system it is basically impossible to answer. Everyone here has been answering based on which system they are familiar with based on where they live, but there is nothing universal about this. OP, I ask again: Where are you asking about? And from today forward, please ALWAYS indicate so when you ask these questions. It really makes a BIG difference. --Jayron32 15:30, 24 October 2022 (UTC)

My response was not based on a system I am familiar with based on where I live. Please note the conditional in "If this power is not granted to the judiciary, ...". In other words, the reply did not assume the judiciary lacks to power to enforce judicial decisions. I cannot construe such parochial views from the other responses either.  --Lambiam 20:08, 24 October 2022 (UTC)