Difference Between Jurisdiction and Competence
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ScribdTranslationsDifference Between Jurisdiction and Competence
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ScribdTranslationsDIFFERENCE BETWEEN JURISDICTION AND COMPETENCE
The jurisdiction: it is the activity carried out by the judge, as an impartial third party,
for the purposes of resolving through the process, the conflict that the parties have submitted
to his decision.
The jurisdictional function conceived as the authority to administer justice is based on
a historical remnant. For a long time, the jurisdictional function was conceived as
a part of the State administration and therefore governed by the Law
Administrative. Therefore, the judicial authority was exercised through a function.
administrative, administering justice.
Competence is a determination of the jurisdictional powers of each one.
the judges, which is manifested practically in a limitation of the causes regarding the
which can exercise according to law, their fraction of jurisdiction.
These two concepts are often confused, but it should be understood that the
Jurisdiction is the power that judges are vested with to administer.
justice, and the competence, the authority they have to be acquainted with certain matters, either by
the very nature of things, or because of people's reasons. The jurisdiction is the
genre, and the jurisdiction the species. A Judge can have jurisdiction and not competence,
but not the other way around. In order to have competition, it is required that the knowledge of
jurisdiction and competence are granted by law.
But competition sometimes also stems from the willingness of the parties, which
it does not happen with the jurisdiction.
The true conflicts of jurisdiction are those that exist between judges and courts.
that belong to the same jurisdiction of authority or subject matter. On the other hand, the conflicts of
jurisdiction takes place between judicial bodies that belong to jurisdictions
of different jurisdiction or subject matter. According to this criterion, jurisdiction cannot
to be extended, nor be subject to agreement, nor to be renounced, because the jurisdiction is a
attribute of sovereignty and is determined by constitutional and political reasons,
internships or economically significant; therefore, it is never the result of the
will of individuals, but rather derives directly from the law as it is an attribute
of sovereignty and, therefore, individuals are not authorized to grant jurisdiction to a
Civil Judge of the Common Jurisdiction, in order to be aware of a controversy that falls within
a jurisdiction of different jurisdiction or matter.
The jurisdictional controversy can only be sustained with the elements that
provides the litigation that motivates it, and not by new elements, for then it
I would be making the serious mistake of addressing issues unrelated to the jurisdictional conflict.
CONCLUSION
Jurisdiction is the legal authority granted to certain special bodies of the
State of an amount ofjurisdictionregarding certain claims
procedural with preference over other bodies of its kind. That special body is
[Link] Spain, with the existence of a single jurisdiction, the performance of the
same jurisdiction for all courts, instead of by amounts.
The competence is based on the principle of pluralism of courts within
a jurisdictional territory. Thus, the rules of jurisdiction aim to
determine what it is going to becourtwhat is going to be known, with preference or exclusion of the
Furthermore, from a controversy that has set in motion thejurisdictional [Link]
It has been pointed out that, if thejurisdictionit is the faculty of administrationjusticethe
competition sets the limits within which such power is exercised. Or, in other words
mode, the judges exercise theirjurisdictionto the extent of their competence.
While the elements of thejurisdictionthey are fixed, in thelawdisregarding the case
concrete, competition is determined in relation to eachtrial(to each specific case).
Furthermore, not only thelawplace
a matter within the sphere of powers of
acourt but also it possible what the parts extension of
competence or extended competence) or another court (delegated competence,
wayexhortation).
In colloquial terms, the word 'jurisdiction' is used to designate the territory.
(state, province, municipality, region, country, etc.) over which this power is exercised.
In the same way, by extension, it is used to designate the geographical area of
exercise of the powers and faculties of aauthorityor the subjects that are
they are found within their competence; and, in general, to designate the territory over
which aStateexercise yoursovereignty.
The jurisdictional authority is unique, and the competence is unique, and the competence
it constitutes a division of powers for the efficient and specialized exercise of it
attribution, so its classification in the procedural order must respond to
the principles of free access, promptness and expediency, required in the provision of
justice that demands the maintenance and preservation of the legal order and social peace.
BIBLIOGRAPHY
Armienta, Gonzalo. The concepts of Jurisdiction and Competence. UNAM. 1991. Retrieved on
15 of July of 2014, of
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Supreme Court of Justice of the [Link] to translate URL. Please provide text for translation.
