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Judicial vs. Legislative: Know the Difference

Shumaila Saeed
By Shumaila Saeed || Updated on December 25, 2023
Judicial pertains to courts and legal judgments, while Legislative relates to lawmaking bodies and legislation.
Judicial vs. Legislative

Key Differences

Judicial refers to the system of courts that interprets and applies the law, ensuring justice is served, whereas Legislative encompasses the branch of government responsible for creating and amending laws.
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Shumaila Saeed
Nov 29, 2023
In the judicial realm, judges and courts adjudicate legal disputes and interpret laws, focusing on applying existing legal frameworks. On the other hand, legislative bodies, like parliaments or congresses, are tasked with drafting, debating, and passing new laws and statutes.
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Judicial authority often involves reviewing the constitutionality of legislative actions, acting as a check on legislative power. Conversely, legislative bodies have the power to create or change laws that the judiciary must then interpret and enforce.
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The judicial branch is typically seen as reactive, addressing specific cases and controversies, whereas the legislative branch is proactive, setting policy agendas and creating laws to shape the future.
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Judicial decisions are made based on legal precedents and interpretations of existing law, while legislative actions are driven by policy considerations, political ideologies, and the will of the electorate.
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Comparison Chart

Function

Interprets and applies laws
Creates and amends laws
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Actors

Judges and courts
Legislators (e.g., Congress, Parliament)
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Focus

Case-specific resolutions
Broad policy-making
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Nature

Reactive to legal disputes
Proactive in law creation
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Basis of Action

Legal precedents and interpretations
Political ideologies and public needs
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Judicial and Legislative Definitions

Judicial

Reflective of judgments or legal proceedings.
Judicial proceedings are often complex and require meticulous attention to legal detail.
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Legislative

Relating to a legislature or legislative body.
Legislative committees play a crucial role in shaping new laws.
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Judicial

Relating to the courts or the judges.
Judicial robes are a symbol of impartiality and authority.
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Legislative

Involving the authority to create, amend, or repeal laws.
The legislative power of Congress is outlined in the Constitution.
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Judicial

Pertaining to the administration of justice or the judiciary.
The judicial decision significantly impacted criminal law.
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Legislative

Pertaining to the making or enacting of laws.
The legislative process can be lengthy and involves multiple stages.
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Judicial

Of, relating to, or proper to courts of law or to the administration of justice
The judicial system.
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Oct 19, 2023

Legislative

Concerned with the activities of lawmakers and legislative sessions.
Legislative debates are essential for democratic deliberation.
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Judicial

Decreed by or proceeding from a court of justice
A judicial decision.
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Oct 19, 2023

Legislative

Reflective of the procedures and rules governing lawmaking bodies.
Legislative procedures ensure that all proposed laws are thoroughly reviewed.
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Judicial

Belonging or appropriate to the office of a judge
In judicial robes.
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Oct 19, 2023

Legislative

Of or relating to the enactment of laws.
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Judicial

Characterized by or expressing judgment
The judicial function of a literary critic.
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Legislative

Resulting from or decided by legislation.
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Judicial

Proceeding from a divine judgment.
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Legislative

Having the power to draft and enact laws; intended to legislate.
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Judicial

Of or relating to the administration of justice.
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Legislative

Of or relating to a legislature.
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Judicial

Of or relating to the court system or the judicial branch of government.
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Legislative

Making, or having the power to make, a law or laws; lawmaking
A legislative act
Although enormously influential in shaping the laws of the land, The House of Lords are not actually a legislative body.
The legislative framework provides much opportunity for correction and amendment of poorly thought out bills.
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Judicial

Specified by a civil bill court under the terms of the Land Law (Ireland) Act, 1881
Judicial rent, judicial lease
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Legislative

That branch of government which is responsible for making, or having the power to make, a law or laws.
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Judicial

Of or relating to judgeship or the judiciary, the collective body of judges.
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Legislative

Making, or having the power to make, a law or laws; lawmaking; - distinguished from executive; as, a legislative act; a legislative body.
The supreme legislative power of England was lodged in the king and great council, or what was afterwards called the Parliament.
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Judicial

Of or relating to sound judgment; judicious (but see Usage notes).
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Legislative

Of or pertaining to the making of laws; suitable to legislation; as, the transaction of legislative business; the legislative style.
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Oct 19, 2023

Judicial

That branch of government which is responsible for maintaining the courts of law and for the administration of justice.
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Legislative

Relating to a legislature or composed of members of a legislature;
Legislative council
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Judicial

Pertaining or appropriate to courts of justice, or to a judge; practiced or conformed to in the administration of justice; sanctioned or ordered by a court; as, judicial power; judicial proceedings; a judicial sale.
Not a moral but a judicial law, and so was abrogated.
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Oct 19, 2023

Legislative

Of or relating to or created by legislation;
Legislative proposal
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Judicial

Fitted or apt for judging or deciding; as, a judicial mind; judicial temperament.
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Judicial

Belonging to the judiciary, as distinguished from legislative, administrative, or executive. See Executive.
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Judicial

Judicious.
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Judicial

Decreed by or proceeding from a court of justice;
A judicial decision
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Judicial

Belonging or appropriate to the office of a judge;
Judicial robes
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Judicial

Relating to the administration of justice or the function of a judge;
Judicial system
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Judicial

Expressing careful judgment;
Discriminative censure
A biography ...appreciative and yet judicial in purpose
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Judicial

Involving the interpretation of laws and legal principles.
The judicial review process is vital for maintaining constitutional integrity.
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Judicial

Concerned with the application of law to specific cases.
Judicial discretion allows judges to consider unique aspects of each case.
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Repeatedly Asked Queries

What is the role of the judicial branch?

The judicial branch interprets and applies laws in legal cases.
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How does the legislative branch impact society?

It shapes society by creating and amending laws.
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What is the legislative process?

It involves drafting, debating, and passing laws.
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Can the judicial branch create laws?

No, the judicial branch only interprets and applies existing laws.
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What influences legislative decisions?

Factors like public opinion, political ideology, and practical considerations.
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Who are the key actors in the legislative branch?

Legislators such as senators and representatives.
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What is judicial review?

The process where courts examine the constitutionality of legislative acts.
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Can judges legislate from the bench?

No, judges interpret laws but do not create them.
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How do legislative committees function?

They review and refine proposed legislation.
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What is the purpose of judicial hearings?

To gather facts and make informed legal decisions.
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How do courts affect legislative decisions?

Courts can invalidate laws if they are unconstitutional.
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What powers do legislative bodies have?

They have the power to enact, amend, and repeal laws.
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How is judicial impartiality maintained?

Through ethical standards and separation from political influence.
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What is judicial activism?

When judges are perceived to be influenced by personal views rather than law.
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Are legislators involved in legal judgments?

No, legislators focus on lawmaking, not legal adjudication.
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How do new laws get proposed in the legislative branch?

Laws are proposed by legislators as bills.
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What role does public opinion play in the legislative process?

It can influence legislators' decisions and priorities.
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What happens in a judicial appeal?

A higher court reviews the decision of a lower court.
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What is a judicial precedent?

A previous court decision that guides future judicial decisions.
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Can legislators be judges?

Typically, no. These roles are separate to maintain checks and balances.
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Shumaila Saeed
Written by
Shumaila Saeed
Shumaila Saeed, an expert content creator with 6 years of experience, specializes in distilling complex topics into easily digestible comparisons, shining a light on the nuances that both inform and educate readers with clarity and accuracy.

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