Judicial power in the structure of the state mechanism and in the separation of powers

An important feature of the constitutional state, the implementation of which has become classic is the principle of separation of powers. The need for separation of powers is based on the objective of social mismatch of interests of different social groups and the patterns of their reflection in the implementation of state functions. The separation of powers involves the creation of a legal mechanism of interaction between the branches of power in a single mechanism of functioning of system of state power, their mutual influence, resolution and overcoming conflicts and contradictions, emerging in society. Law enforcement is only possible on the basis of the interpretation of the right of every judge in the framework of the implementation of justice in each individual case. Enforcement essentially involves the interpretation and clarification by the courts of law; it is right in the action and justice itself is the final interpretation of the law, the most important kind of enforcement system. The nature of the judiciary, no doubt, distinguishes it from the legislature: the courts do not create new law, not legislate but the courts, of courseare the legitimate, system defining, the final stage of law making which imparts lawmaking final form, complete the form and most importantly the meaning of the entire legislature. © Medwell Journals, 2016.