Distrust: The Role of the Judiciary in the Democratic Regime

Abstract

This article is aimed to explain the role of the judiciary in the democratic regime through “the distrust”, one of the most indispensable concepts of modern political system. This article will separately consider the concept of distrust in two aspects. The first one is, the judiciary as a guardian of civil rights who examines the exercise of the executive and legislative powers. In other words, the judiciary distrusts the other branches. In the other aspect, the exercise of the judicial power should be checked and balanced by the political power and people who are the legitimate sovereign. This means the other branches and people distrust the judiciary. Therefore, the role of the judiciary in the modern state orbits around these two aspects of the distrust.