Supreme court
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In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and high (or final) court of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.[citation needed]
However, not all highest courts are named as such.
The idea of a supreme court owes much to the framers of the
Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. Some countries with a
In jurisdictions using a
Common law jurisdictions
Australia
The High Court is mandated by section 71 of the Constitution, which vests in it the
Bangladesh
The Supreme Court of Bangladesh is created by the provisions of the Constitution of Bangladesh, 1972. There are two Divisions of the Supreme Court, i.e. (a) Appellate Division and (b) High Court Division. Appellate Division is the highest Court of Appeal and usually does not exercise the powers of a court of the first instance. Whereas, the High Court Division is a Court of the first instance in writ/judicial review, company, and admiralty matters.
Hong Kong
In
India
The Supreme Court of India was created on January 28, 1950 after adoption of the Constitution. Article 141 of the Constitution of India states that the law declared by Supreme Court is to be binding on all Courts within the territory of India while article 142 vests the court with the inherent power to pass any decree or order to ensure 'complete justice'. It is the highest court in India and has ultimate judicial authority to interpret the Constitution and decide questions of national law (including local bylaws). The Supreme Court is also vested with the power of judicial review to ensure the application of the rule of law.
Ireland
The Supreme Court is the highest court in the Republic of Ireland. It has authority to interpret the constitution, and strike down laws and activities of the state that it finds to be unconstitutional. It is also the highest authority in the interpretation of the law. Constitutionally it must have authority to interpret the constitution but its further appellate jurisdiction from lower courts is defined by law. The Irish Supreme Court consists of its presiding member, the Chief Justice, and seven other judges. Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government. The Supreme Court sits in the Four Courts in Dublin.
Kiribati
Nauru
In Nauru, there is no single highest court for all types of cases. The Supreme Court has final jurisdiction on constitutional matters, but any other case may be appealed further to the Appellate Court. In addition, an agreement between Nauru and Australia in 1976 provides for appeals from the Supreme Court of Nauru to the High Court of Australia in both criminal and civil cases, with the notable exception of constitutional cases.[7][8]
New Zealand
In
The new Supreme Court of New Zealand was officially established at the beginning of 2004, although it did not come into operation until July. The High Court of New Zealand was until 1980 known as the Supreme Court. The Supreme Court has a purely appellate jurisdiction and hears appeals from the Court of Appeal of New Zealand. In some cases, an appeal may be removed directly to the Supreme Court from the High Court. For certain cases, particularly cases which commenced in the District Court, a lower court (typically the High Court or the Court of Appeal) may be the court of final jurisdiction.
Nigeria
The Supreme Court is the highest court in Nigeria. The Supreme Court mainly regulates in disputes between states and/or the federal government. Another power of the Supreme court rests in its authority to oversee any decisions over presidential elections and term lengths.[9]
Pakistan
The Supreme Court has been the apex court for Pakistan since the declaration of the republic in 1956 (previously the Privy Council had that function). The Supreme Court has the final say on matters of constitutional law, federal law or on matters of mixed federal and provincial competence. It can hear appeals on matters of provincial competence only if a matter of a constitutional nature is raised.
With respect to Pakistan's autonomous territories (i.e. Azad Kashmir and Gilgit-Baltistan) the Supreme Court's jurisdiction is rather limited and varies from territory to territory; it can hear appeals only of a constitutional nature from Azad Kashmir and Gilgit-Baltistan. Azad Kashmir has its own courts system and the constitution of Pakistan does not apply to it as such; appeals from Azad Kashmir relate to its relationship with Pakistan.
The provinces have their own courts system, with the High Court as the apex court, except insofar as where an appeal can go to the Supreme Court as mentioned above.
United Kingdom
The Supreme Court of the United Kingdom is the ultimate court for criminal and civil matters in England, Wales and Northern Ireland and for civil matters in Scotland. (The supreme court for criminal matters in Scotland is the High Court of Justiciary.) The Supreme Court was established by the Constitutional Reform Act 2005 with effect from 1 October 2009, replacing and assuming the judicial functions of the House of Lords. Devolution issues under the Scotland Act 1998, Government of Wales Act and Northern Ireland Act were also transferred to the new Supreme Court by the Constitutional Reform Act, from the Judicial Committee of the Privy Council.
The Supreme Court shares its members and accommodation at the Middlesex Guildhall in London with the Judicial Committee of the Privy Council which hears final appeals from certain smaller Commonwealth realm countries, admiralty cases, and certain appeals from the ecclesiastical courts and statutory private jurisdictions, such as professional and academic bodies.
(The Constitutional Reform Act also renamed the Supreme Court of Judicature of Northern Ireland to the
The Supreme Court was set up in 2009; until then the House of Lords was the ultimate court in addition to being a legislative body, and the Lord Chancellor, with legislative and executive functions, was also a senior judge in the House of Lords.
United States
The
Each
The official names of state supreme courts vary, as do the titles of its members, which can cause confusion between jurisdictions. Alternative names for supreme courts includes
Civil law jurisdictions
The Roman law and the Corpus Juris Civilis are generally held to be the historical model for civil law. From the late 18th century onwards, civil law jurisdictions began to codify their laws, most of all in civil codes.
Argentina
The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the
Austria
In
Brazil
In
Croatia
In
Denmark
In
France
In France, supreme appellate jurisdiction is divided among three judicial bodies:
- for judicial cases, i.e., civil or criminal matters: Court of Cassation(Cour de cassation)
- for administrative cases: Council of State(Conseil d'État)
- constitutional challenges of Constitutional Council(Conseil constitutionnel)
When there is jurisdictional dispute between judicial and administrative courts: the Court of Arbitration (Tribunal des conflits), which is empanelled half from the Court of Cassation and half from the Council of State and presided over by the Minister of Justice, is called together to settle the dispute or hand down a final decision.
The
While the President is not, members of the French government are subject to the same laws as other French citizens. However, since 1993, a new and different court was introduced to judge them in place of normal courts, the Justice Court of the Republic (Cour de Justice de la République). It has since been highly criticized and is scheduled for deletion in a constitutional amendment due for 2019.
Germany
In Germany, there is no de jure single supreme court. Instead, cases are decided in the final instance by one of five federal high courts (see below), depending on their nature.
Final interpretation of the German Constitution, the
When it comes to civil and criminal cases, the
Iceland
The Supreme Court of Iceland (Icelandic: Hæstiréttur Íslands, lit. Highest Court of Iceland) was founded under Act No. 22/1919 and held its first session on 16 February 1920.[11] The Court holds the highest judicial power in Iceland. The court system was transformed from a two level system to a three level system in 2018 with the establishment of Landsréttur.[12]
Israel
Italy
Italy follows the French system of different supreme courts.
The Italian court of last resort for most disputes is the Supreme Court of Cassation. There is also a separate constitutional court, the Constitutional Court, which has a duty of judicial review, and which can strike down legislation as being in conflict with the Constitution. As with France, administrative cases are ruled by the Council of State.
Japan
In Japan, the Supreme Court of Japan is called 最高裁判所 (Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo, and is the highest court in Japan. It has ultimate judicial authority within Japan to interpret the Constitution and decide questions of national law (including local bylaws). It has the power of judicial review (i.e., it can declare Acts of Diet and Local Assembly, and administrative actions, unconstitutional).
Luxembourg
In Luxembourg, challenges on the conformity of the law to the Constitution are brought before the Cour constitutionnelle (Constitutional Court). The most used and common procedure to present these challenges is by way of the "question préjudicielle" (prejudicial question).
The Court of last resort for civil and criminal proceedings is the "Cour de cassation".
For administrative proceedings the highest court is the "Cour administrative" (Administrative Court).
Macau
The supreme court of
Mexico
The Supreme Court of Justice of the Nation (Spanish: Suprema Corte de Justicia de la Nación) is the highest court in Mexico.
Netherlands
In the Netherlands, the Supreme Court of the Netherlands is the highest court. Its decisions, known as "arresten", are absolutely final. The court is banned from testing legislation against the constitution, pursuant to the principle of the sovereignty of the States-General; the court can, however, test legislation against treaties such as the European Convention on Human Rights. Next to the Hoge Raad, in administrative law there are also other highest courts of appeal. Which highest court has jurisdiction in this field of law depends on the subject of the case. The most important of these courts is the Department of Justice of the Council of State (Afdeling Bestuursrechtspraak van de Raad van State).
Portugal
In Portugal, there are several supreme courts, each with a specific jurisdiction:
- The Supreme Court of Justice (Supremo Tribunal de Justiça) - for judicial (civil and criminal) matters;
- The Constitutional Court (Tribunal Constitucional) - for the constitutionalmatters;
- The Supreme Administrative Court (Supremo Tribunal Administrativo) - for administrative and fiscal matters;
- The Court of Auditors (Tribunal de Contas) - for auditing the public expenditure.
Until 2003, a fifth supreme court also existed for the military jurisdiction, this being the Supreme Military Court (Supremo Tribunal Militar). Presently, in time of peace, the supreme court for military justice matters is the Supreme Court of Justice, which now includes four military judges.
Republic of China (Taiwan)
In the
- Supreme Court of the Republic of China (中華民國最高法院): civil and criminal cases.
- Supreme Administrative Court of the Republic of China (中華民國最高行政法院): executive cases.
- Disciplinary Court of the Republic of China (中華民國懲戒法院): disciplinary cases of civil servants and judges. (The Public Functionary Disciplinary Sanction Commission was a previous form of disciplinary court until 2020.)
- Constitutional Court (憲法法庭): abstract review of the constitutionality of statutes and regulations, constitutional complaint against the final court decisions, disputes between constitutional organs, dissolution of political parties in violation of the Constitution, protection of local self-governments, uniform interpretation of statutes and regulations, trial of impeachments against the President or Vice President.
The Constitutional Court, consisting of 15 justices and mainly dealing with constitutional issues. (The Council of Grand Justices was a previous form of Constitutional review organ until 2022.)
All three courts are directly under the Judicial Yuan, whose president also serves as Chief Justice of the Constitutional Court.
Scotland
Founded by papal bull in 1532, the Court of Session is the supreme civil court of Scotland, and the High Court of Justiciary is the supreme criminal court. However, the absolute highest court (excluding criminal matters) is the Supreme Court of the United Kingdom.
South Korea
In South Korea, role of highest court is divided among two constitutional judicial bodies of judicial branch.
- for major constitutional cases, Constitutional Court of Korea
- for every cases except jurisdiction of the Constitutional Court of Korea, Supreme Court of Korea
Spain
Spanish Supreme Court is the highest court for all cases in Spain (both private and public). Only those cases related to human rights can be appealed at the Constitutional Court (which also decides about acts accordance with Spanish Constitution).
In Spain, high courts cannot create binding precedents;[13] however, lower rank courts usually observe Supreme Court interpretations. In most private law cases, two Supreme Court judgements supporting a claim are needed to appeal at the Supreme Court.[14]
Five sections form the Spanish Supreme court:
- Section one judges private law cases (including commercial law).
- Section two decides about criminal appeals.
- Section three judges administrative cases and controls government normative powers.
- Section four is dedicated to labour law.
- Section five is dedicated to military justice.
There is also a separate constitutional court, the Tribunal Constitucional, which has a duty of the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain.
Sweden
In Sweden, the Supreme Court, founded in 1789, and the Supreme Administrative Court, founded in 1909, respectively function as the highest courts of the land. The Supreme Administrative Court considers cases concerning disputes between individuals and administrative organs, as well as disputes among administrative organs, while the Supreme Court considers all other cases. The judges are appointed by the Government. In most cases, the Supreme Courts will only grant leave to appeal a case (prövningstillstånd) if the case involves setting a precedent in the interpretation of the law. Exceptions are issues where the Supreme Court is the court of first instance. Such cases include an application for a retrial of a criminal case in the light of new evidence, and prosecutions made against an incumbent minister of the Government for severe neglect of duty. If a lower court has to try a case which involves a question where there is no settled interpretation of the law, it can also refer the question to the relevant Supreme Court for an answer.
Switzerland
In
Sri Lanka
In Sri Lanka, the Supreme Court of Sri Lanka was created in 1972 after the adoption of a new Constitution. The Supreme Court is the highest and final superior court of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The court rulings take precedence over all lower Courts. The Sri Lanka judicial system is complex blend of both common-law and civil-law. In some cases such as capital punishment, the decision may be passed on to the President of the Republic for clemency petitions. However, when there is 2/3 majority in the parliament in favour of president (as with present), the supreme court and its judges' powers become nullified as they could be fired from their positions according to the Constitution, if the president wants. Therefore, in such situations, Civil law empowerment vanishes.
Thailand
Historically, citizens appealed directly to the King along his route to places out of the Palace. A
At present, the Supreme Court of Thailand retains the important status as the highest court of justice in the country. Operating separately from the Administrative Court and the Constitutional Court, the judgement of the Supreme Court is considered as final.
Turkey
The Supreme Court is one of Turkey's four highest judicial authority. Judicial justice is the final review authority of the decisions and judgments issued by the courts of first instance and that the law does not leave to another judicial authority.
The decisions of the Court of Appeal's General Assembly on the Unification of Judgments are binding on judges. This is not a separate appellate body but an assembly of the Court of Appeal which renders decisions regarding points of laws on which its different chambers disagree.
United Arab Emirates
In the United Arab Emirates, the Federal Supreme Court of the United Arab Emirates was created in 1973 after the adoption of the Constitution. The Supreme Court is the highest and final superior court of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The court rulings take precedence over all lower Courts. The Emirati judicial system is complex blend of both Islamic law and civil law. In some cases such as capital punishment, the decision may be passed on to the President of the country (currently Mohamed bin Zayed Al Nahyan).[16]
Other civil law jurisdictions
- For Honduras, see Supreme Court of Honduras.
- For Peru, see Supreme Court of Peru.
- For Supreme Court of the Republic of Poland.
- For Romania, see High Court of Cassation and Justice.
- For Uganda, see Supreme Court of Uganda
- For Ukraine, see Supreme Court of Ukraine.
- For Uruguay, see Supreme Court of Uruguay.
Mixed-system jurisdictions
Canada
Canada is a bi-jural country. Nine of the provinces use the common law, while the province of Quebec uses the civil law. Federal public law is based on the common law, but federal statute law must take into account both legal systems.[17]
The Supreme Court of Canada was established in 1875. It is defined by the Constitution Act, 1867 and by the Supreme Court Act as a "General Court of Appeal".[18][19] As a result, it can hear appeals on any legal issues considered by lower courts, on issues of constitutional law, federal law and provincial law. It can hear appeals involving the common law and the civil law, and has full authority to rule on those issues. The Court can hear appeals from the courts of appeal from the provinces and territories, and also appeals from the Federal Court of Appeal. The court's decisions are final and binding on the federal courts and the courts from all provinces and territories.
The court can also hear reference questions; requests directly from the federal cabinet asking about a question of law, typically the constitutionality of a major issue before it is heard in a trial court. Reference questions asked by a provincial cabinet to a province's highest court can be appealed as of right to the Supreme Court. Opinions given by the Supreme Court in answer to a reference question are not legally binding, but no government has ever ignored the opinion.
The Court is composed of the Chief Justice of Canada and eight puisne justices. Three of the nine justices are required to come from the Bar or superior courts of Quebec, to ensure the Court has a strong membership in the civil law of Quebec. The remaining six justices come from the rest of Canada, traditionally three from Ontario, two from the western provinces, and one from the Atlantic provinces. The Court is institutionally bilingual. Parties can argue their cases in either English or French, and file written materials in either language. The Court will provide simultaneous interpretation for counsel and members of the public. It issues its judgments in both languages simultaneously.
Although created in 1875, the Supreme Court was not originally the final court of appeal. Canada was part of the British Empire, and appeals initially lay to the Judicial Committee of the Privy Council from the Supreme Court, and also from the provincial appellate courts, by-passing the Supreme Court. In 1933, the federal Parliament abolished such appeals in criminal matters. It was not until 1949 that all appeals to the Judicial Committee were abolished, although appeals which were pending could be decided by the Judicial Committee.[20]
Indonesia
Law of Indonesia at the national level is based on a combination of civil law from the tradition of Roman-Dutch law and customary law from the tradition of Adat.[21] Law in regional jurisdictions can vary from province to province, including even Sharia law,[22] for example Islamic criminal law in Aceh, though even at the national level, individual justices can cite sharia or other forms of non-Dutch law in their legal opinions.
The Supreme Court of Indonesia is the main judicial arm of the state, functioning as the final court of appeal as well as a means to re-open cases previously closed. The Supreme Court, which consists of a total of 51 justices, also oversees the regional high courts. It was founded at the country's independence in 1945.
The
Philippines
The
South Africa
In
Soviet-model jurisdictions
In most nations with constitutions modelled after the Soviet Union, the legislature was given the power of being the court of last resort.
People's Republic of China
In
The final power to interpret the law is vested in the
Socialist Republic of Vietnam
- For Standing Committee of the National Assembly of Vietnam.
Islamic law jurisdictions
See also
- Constitutionalism
- Separation of powers
- Judiciary
- Independence of the judiciary
- List of national supreme courts
- Lists of supreme court justices
References
- ^ Pushaw, Robert J. Jr. "Essays on Article III: Judicial Vesting Clause". Heritage Guide to the Constitution. Washington, D.C.: The Heritage Foundation. Retrieved September 3, 2018.
- ^ Watson, Bradley C. S. "Essays on Article III: Supreme Court". Heritage Guide to the Constitution. Washington, D.C.: The Heritage Foundation. Retrieved September 3, 2018.
- ^ Some constitutional courts are not courts per se but judicial or quasi-judicial panels, councils or commissions, such as the Conseil constitutionnel in France.
- ^ "Courts". Australian Bureau of Statistics. 24 May 2012. Retrieved 4 May 2013.
The High Court of Australia is the highest court of appeal
- ^ Judiciary Act 1903 (Cth).
- ^ High Court of Australia Act 1979 (Cth).
- ^ "Nauru: Courts & Judgments", United States Department of State
- ^ Agreement between the Government of Australia and the Government of the Republic of Nauru relating to Appeals to the High Court of Australia from the Supreme Court of Nauru, 1976
- ^ "Nigeria's Constitution of 1999" (PDF). Constitute Project. 12 May 2020. Retrieved 9 October 2020.
- ^ "Overview of the Delaware Court System". Delaware Judicial Information Center. Retrieved 2009-12-19.
- ^ "Hæstiréttur Íslands". haestirettur.is.
- ^ "Um Landsrétt". www.landsrettur.is (in Icelandic). Retrieved 2018-10-23.
- ^ Spanish Civil Code, article 1
- ^ Pablo Contreras, Pedro de (ed.). "Curso de Derecho Civil (I)". Colex 2008, p. 167, 168 and 175
- Government of Switzerland. Retrieved 2010-11-14.
- ^ Administrator, System. "Reem Island murder: 'Ghost' executed". Emirates 24|7. Retrieved 2016-05-24.
- ^ Canada - Department of Justice: "About Bijuralism".
- ^ Constitution Act, 1867, s. 101.
- ^ Supreme Court Act, RSC 1985, c. S-26, s. 3.
- ^ Supreme Court of Canada: Creation and Beginning of the Court.
- ^ Alphabetical Index of the 192 United Nations Member States and Corresponding Legal Systems. University of Ottawa Faculty of Law World Legal Systems Research Group. Accessed 8 February 2017.
- ^ Indonesia - Freedom in the World 2012. Freedom House. Accessed 8 February 2017.
- ^ Constitutional Court Website: History of The Constitution Court accessed 17 May 2009
- ^ Ina Parlina and Margareth S Aritonang, 'House begins selection of new Constitutional Court justice', The Jakarta Post, 28 February 2013.
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