Jurisdiction is the power that the state has to apply the right to a given case., with the objective of resolving conflicts of interest and thus safeguarding the legal order and the authority of the law.
In a colloquial sense, jurisdiction is the territorial area (municipality, state, region or country) over which this power is exercised by a certain authority or court.
Jurisdiction generally rests only with the bodies of the Judiciary Branch, but the notion that other bodies also exercise the function is already accepted, as long as there is constitutional authorization.
Jurisdiction is the power given to an authority to enforce a certain category of law and punish those who break them in a predefined area. It is the legally instituted capacity to apply the law and to know the infractions committed against the law, establishing the appropriate punishments.
The subject of jurisdiction is the object of study in the disciplines of constitutional law, private international law, procedural law, administrative law, among others. In administrative law there is also administrative jurisdiction, which is the limit of the administrative competence of a public body.
Jurisdiction stands out as the guarantee of the existence of the Democratic Rule of Law, the permanence and maintenance of the legal order, and respectability of the Federal Constitution with regard to obedience to its principles, values and wills.
Jurisdiction acts through judges of law and courts regularly invested, jurisdiction is the activity of the judge, when applying the right, in a regular process, through the provocation of someone who exercises the right to action.
In the religious sphere, jurisdiction is the competence granted to a cleric to exercise his orders in a particular diocese.
From the figurative sense of the word jurisdiction, it means influence or power.
Example:"I couldn't resolve the conflict between the two because it was not part of my jurisdiction”.
Etymologically, the term jurisdiction comes from the Latin "juris" and "dicere", which means "to say it right".
Jurisdiction Principles and Characteristics
Some of the main features of jurisdiction are: impartiality, State monopoly, litigation, substitution, definitiveness and unity.
You Principles governing the jurisdiction are the following: non-removal, non-extendability, investiture, correlation, non-delegability and inertia.
Contentious Jurisdiction and Voluntary Jurisdiction
Contentious jurisdiction is known as the traditional and true model of state function, while “voluntary jurisdiction” deals with matters of public administration of private rights.
According to most subject matter experts, voluntary jurisdiction it cannot actually be considered a jurisdiction, due to the absence of some of the essential characteristics of this power, such as the finality of a decision, for example.
Jurisdiction and Jurisdiction
Many people confuse the concepts of jurisdiction and jurisdiction as synonymous, however there are some important differences between the two definitions.
Jurisdiction consists of a power belonging to the State, responsible for dictating the laws and applying them with the effect of resolving conflicts.
Competence, on the other hand, deals precisely with the delimitation of the power of jurisdiction, which is defined through constitutional norms.
Learn more about the meaning of competence.