Home » Constitution Design » Questions for constitution makers in Nepal » Legal System

Functions of Courts


The main functions of the court system in most countries are to:
  • make authoritative interpretations of the law, without directions or pressure from the executive or other sources
  • ensure the supremacy of the constitution by declaring laws which are inconsistent with the constitution void
  • develop constitutional norms and help to adjust them to changing social and economic circumstances (the US constitution has been amended relatively few times because the courts have given new interpretations of its provisions which are consistent with changing values)
  • provide guidance to organs of the state, private corporations, and individuals on the rules of the constitution and the law
  • inculcate respect for constitutional procedures and values, in part through persuasive and learned judgments
  • keep both the legislature and the executive within their lawful authority, and prevent arbitrariness and unfair procedures within the government and encourage rules for good decision making
  • protect the rights and freedoms of the people as well as protect the public interest
  • settle legal disputes that are referred to it, a task which involves finding of fact based on evidence, and interpretation and application of the law
  • by settling disputes in accordance with the law and generally by enforcing the principle of legality or the rule of law, help to create stability and maintain peace, and to provide predictability necessary for people to make contracts and carry out other transactions.