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The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.
The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.
The chief justice of Canada is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The Supreme Court Act makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices.
Bora Laskin was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of Appeal from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia.
Sir Lyman Poore Duff,, PC(UK) was a Canadian lawyer and judge who served as the eighth Chief Justice of Canada. He was the longest-serving justice of the Supreme Court of Canada.
Anthony Murray Gleeson is an Australian former judge who served as the 11th Chief Justice of Australia, in office from 1998 to 2008.
Andrews v Law Society of British Columbia, [1989] 1 SCR 143 is the first Supreme Court of Canada case to deal with the equality rights provided under Section 15 of the Canadian Charter of Rights and Freedoms. British law graduate Mark David Andrews challenged the validity of Section 42 of the Barristers and Solicitors Act contending that the Canadian citizenship requirement for being called to the bar violated Section 15 of the Charter.
Jean-Marie Philémon Joseph Beetz,, c.r. was a Canadian lawyer, academic and judge from Quebec. He served as a puisne justice of the Supreme Court of Canada from 1974 to 1988.
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The Supreme Court of Canada was founded in 1875 and has served as the final court of appeal in Canada since 1949. Its history may be divided into three general eras. From its inception in 1875 until 1949, the Court served as an intermediate appellate court subject to appeal to the Judicial Committee of the Privy Council in Britain. Following 1949, the Court gained importance and legitimacy as the court of last resort in Canada, establishing a greater role for the Canadian judiciary. In 1982, the introduction of the Canadian Charter of Rights and Freedoms significantly changed the role of the Court in Canadian society, by providing the Court with greater powers of oversight over Parliament and through formal recognition of civil rights including aboriginal rights and equality rights.
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McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), is a case in which the Supreme Court of the United States held that an Ohio statute prohibiting anonymous campaign literature is unconstitutional because it violates the First Amendment to the U.S. Constitution, which protects the freedom of speech. In a 7–2 decision authored by Justice John Paul Stevens, the Court found that the First Amendment protects the decision of an author to remain anonymous.
The White Court refers to the Supreme Court of the United States from 1910 to 1921, when Edward Douglass White served as Chief Justice of the United States. White, an associate justice since 1894, succeeded Melville Fuller as Chief Justice after the latter's death, and White served as Chief Justice until his death a decade later. He was the first sitting associate justice to be elevated to chief justice in the Court's history. He was succeeded by former president William Howard Taft.
Valin v Langlois is a Canadian constitutional law decision from the Supreme Court of Canada, concerning the jurisdiction of the federal Parliament over federal elections, as well as the constitutional jurisdiction of the provincial superior courts. The Court held that the Parliament of Canada has sole jurisdiction to enact laws regulating federal elections, including provisions for controverted elections. The Court also held that the provincial superior courts have general jurisdiction over questions of federal and provincial law, and that Parliament could give provincial courts jurisdiction to apply federal laws.
References
- ↑ L'Heureux-Dubé, Claire. "The Dissenting Opinion: Voice of the Future?" 38 Osgoode Hall L.J. 495 at 500
- ↑ McCormick, Peter. "The Political Jurisprudence of Hot Potatoes" (2002) 13 Nat'l J. Const. L. 271 at 176
- ↑ Bzdera, Andre. "Comparative Analysis of Federal High Courts: A Political Theory of Judicial Review" (1993) 26 Canadian Journal of Political Science 3 at 25
- ↑ McCormick, Peter. "The Supervisory Role of the Supreme Court of Canada: Analysis of Appeals from Provincial Courts of Appeal, 1949-1990" (1992), 3(2d) Supreme Court Law Review 1, at p. 27.