Chief Justice

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The Chief Justice is the presiding member of a supreme court in any of many countries with a justice system based on English common law, such as the Supreme Court of Bangladesh, the Supreme Court of Canada, the Supreme Court of Singapore, the Court of Final Appeal of Hong Kong, the Supreme Court of Japan, the Supreme Court of India, the Supreme Court of Pakistan, the Supreme Court of Nigeria, the Supreme Court of Nepal, the Constitutional Court of South Africa, the Supreme Court of Ireland, the Supreme Court of New Zealand, the High Court of Australia, the Supreme Court of the United States, and provincial or state supreme courts.

The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court 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.

Common law law developed by judges

In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.

Supreme Court of Bangladesh

The Supreme Court of Bangladesh is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of February 2019 there are 7 Justices in Appellate Division and 92 in High Court Division.

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The situation is slightly different in the three legal jurisdictions within the United Kingdom. The courts of England and Wales are headed by the Lord Chief Justice of England and Wales; in Northern Ireland's courts, the equivalent position is the Lord Chief Justice of Northern Ireland, and in the courts of Scotland the head of the judiciary of Scotland is the Lord President of the Court of Session, who is also Lord Justice General of Scotland. These three judges are not, though, part of the Supreme Court of the United Kingdom, which operates across all three jurisdictions and is headed by the President of the Supreme Court of the United Kingdom.

The Courts of England and Wales, supported administratively by Her Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

Lord Chief Justice of England and Wales position

The Lord Chief Justice of England and Wales is the Head of the Judiciary of England and Wales and the President of the Courts of England and Wales.

The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by Northern Ireland law.

The Chief Justice can be selected in many ways, but, in many nations, the position is given to the most senior justice of the court, while, in the United States, it is often the President's most important political nomination, subject to approval by the United States Senate. Although the title of this top American jurist is, by statute, Chief Justice of the United States, the term "Chief Justice of the Supreme Court" is often used unofficially.

United States Senate Upper house of the United States Congress

The United States Senate is the upper chamber of the United States Congress, which along with the United States House of Representatives—the lower chamber—comprises the legislature of the United States. The Senate chamber is located in the north wing of the Capitol, in Washington, D.C.

Chief Justice of the United States senior justice of the Supreme Court of the United States

The Chief Justice of the United States is the chief judge of the Supreme Court of the United States, and as such the highest-ranking judge of the federal judiciary. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, and with the advice and consent of the United States Senate, appoint a chief justice, who serves until they resign, are impeached and convicted, retire, or die.

In some courts, the Chief Justice has a different title, e.g. President of the Supreme Court. In other courts, the title of Chief Justice is used, but the court has a different name, e.g. the Supreme Court of Judicature in colonial (British) Ceylon, and the Supreme Court of Appeals of West Virginia (in the US state of West Virginia).

Arvin Fortaleza Fernandez

British Ceylon former British Crown colony

Ceylon was a British Crown colony between 1815 and 1948. Initially the area it covered did not include the Kingdom of Kandy, which was a protectorate from 1815, but from 1815 to 1948 the British possessions included the whole island of Ceylon, now the nation of Sri Lanka.

The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. It is located in the state capital, Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle.

Competence

The Chief Justice's personal ruling is equal in weight to the rulings of any associate judges on the court.

In several countries, the Chief Justice is second in line to the office of President or Governor General (or third in line, if there is a Vice President or Lieutenant Governor General), should the incumbent die or resign. For example, if the Governor General of Canada is unable to perform his or her duties, the Chief Justice of Canada performs the duties of the Governor General.

Governor General of Canada representative of the monarch of Canada

The Governor General of Canada is the federal viceregal representative of the Canadian monarch, currently Queen Elizabeth II. The person of the sovereign is shared equally both with the 15 other Commonwealth realms and the 10 provinces of Canada, but resides predominantly in her oldest and most populous realm, the United Kingdom. The Queen, on the advice of her Canadian prime minister, appoints a governor general to carry out most of her constitutional and ceremonial duties. The commission is for an unfixed period of time—known as serving at Her Majesty's pleasure—though five years is the normal convention. Beginning in 1959, it has also been traditional to rotate between anglophone and francophone officeholders—although many recent governors general have been bilingual. Once in office, the governor general maintains direct contact with the Queen, wherever she may be at the time.

Chief Justice of Canada presiding judge of the Supreme Court 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 grants plenary power to the Governor General to appoint—with the advice of the Prime Minister—a chief justice, who serves until they resign, die, are removed from office for cause, or attain the age of 75 years. By tradition, a new chief justice is chosen from among the Court's incumbent puisne justices.

Apart from their intrinsic role in litigation, they may have additional responsibilities, such as "swearing in" high officers of state; for instance, the Chief Justice of the United States traditionally administers the oath of office at the inauguration ceremony of the President of the United States, as does the Chief Justice of South Africa at the inauguration of the President of South Africa.

Inauguration formal ceremony to mark the beginning of a major public leaders term of office, or official opening or beginning of an institution or structure

An inauguration mainly refers to the process of swearing a person into office and thus making that person the incumbent. Such an inauguration commonly occurs through a formal ceremony or special event.

President of the United States Head of state and of government of the United States

President of the United States (POTUS) is the title for the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.

The Chief Justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts.

List of Chief Justice positions

See also

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Barrister lawyer specialized in court representation in Wales, England and some other jurisdictions

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Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. The plural is attorneys general (traditional) or attorney generals.

A sheriff is a government official, with varying duties, existing in some countries with historical ties to England, where the office originated. There is an analogous although independently developed office in Iceland that is commonly translated to English as sheriff, and this is discussed below.

Queens Counsel jurist appointed by letters patent

A Queen's Counsel, or King's Counsel during the reign of a king, is an eminent lawyer who is appointed by the monarch to be one of "Her Majesty's Counsel learned in the law." The term is recognised as an honorific. The position exists in some Commonwealth jurisdictions around the world, but other Commonwealth countries have either abolished the position, or re-named it to eliminate monarchical connotations, such as "Senior Counsel" or "Senior Advocate". Queen's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the bar of court.

The Right Honourable is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, Canada, Australia, New Zealand, Fiji, some other Commonwealth realms, the Anglophone Caribbean, Mauritius, Zimbabwe and occasionally elsewhere. The term is predominantly used today as a style associated with holding certain senior government offices in the United Kingdom, Canada, and New Zealand.

Court dress comprises the style of clothes prescribed for courts of law, and for royal courts.

Lord President of the Court of Session

The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon.

The title of senior counsel or state counsel is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "Queen's Counsel" to a name without monarchical connotations, sometimes because the British monarch is no longer head of state, such that reference to the Queen is no longer appropriate. Examples of jurisdictions which have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, the Republic of Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Just as a junior counsel is "called to the [Outer] Bar", a senior counsel is, in some jurisdictions, said to be "called to the Inner Bar". Senior counsel may informally style themselves as silks, like their British counterparts. This is the case in the Republic of Ireland, Australia, Hong Kong and South Africa.

William Scott may refer to:

High Court Wikimedia disambiguation page

High court usually refers to the superior court of a country or state. In some countries, it is the highest court. In others, it is positioned lower in the hierarchy of courts. A person who presides as a judge in such a court may be called a High Court judge, or, in some cases, a High Court Justice.

Supreme Court of New South Wales superior court of New South Wales, Australia

The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.

The following is the Australian Table of Precedence.

  1. The Queen of Australia: Her Majesty Queen Elizabeth II
  2. The Governor-General of Australia: His Excellency General The Honourable Sir Peter Cosgrove
  3. Governors of states in order of appointment:
    1. Governor of Queensland His Excellency The Honourable Paul de Jersey
    2. Governor of South Australia His Excellency The Honourable Hieu Van Le
    3. Governor of New South Wales His Excellency General The Honourable David Hurley
    4. Governor of Tasmania Her Excellency Professor The Honourable Kate Warner
    5. Governor of Victoria Her Excellency The Honourable Linda Dessau
    6. Governor of Western Australia His Excellency The Honourable Kim Beazley
  4. The Prime Minister The Honourable Scott Morrison MP
  5. The President of the Senate and the Speaker of the House of Representatives in order of appointment:
    1. Speaker of the House of Representatives The Honourable Tony Smith MP
    2. President of the Senate Senator The Honourable Scott Ryan
  6. The Chief Justice of Australia The Honourable Susan Kiefel
  7. Senior diplomatic posts:
    1. Ambassadors and High Commissioners in order of date of presentation of the Letters of Credence or Commission
    2. Chargés d'affaires en pied or en titre in order of date of presentation of the Letters of Credence or Commission
    3. Chargés d'affaires and Acting High Commissioners in order of date of assumption of duties
  8. Members of the Federal Executive Council:
    1. Deputy Prime Minister and Minister for Infrastructure and Transport
    2. Treasurer
    3. Minister for Regional Services, Sport, Local Government and Decentralisation
    4. Minister for Finance and the Public Sector and Vice President of the Executive Council
    5. Minister for Indigenous Affairs
    6. Minister for Defence
    7. Minister for Defence Industry
    8. Minister for Foreign Affairs
    9. Minister for Trade, Tourism and Investment
    10. Attorney-General
    11. Minister for Home Affairs
    12. Minister for Communications and Minister for the Arts
    13. Minister for Jobs and Industrial Relations and Minister for Women
    14. Minister for Small and Family Business, Skills and Vocational Education
    15. Minister for Resources and Northern Australia
    16. Minister for Industry, Science and Technology
    17. Minister for Education
    18. Minister for Health
    19. Minister for Families and Social Services
    20. Minister for Agriculture and Water Resources
    21. Minister for the Environment
    22. Minister for Energy
    23. Minister for Cities, Urban Infrastructure and Population
    24. Assistant Treasurer
    25. Special Minister of State
    26. Minister for Veterans' Affairs, Minister for Defence Personnel and Minister Assisting the Prime Minister for the Centenary of ANZAC
    27. Minister for Immigration, Citizenship and Multicultural Affairs
    28. Minister for Senior Australians and Aged Care and Minister for Indigenous Health
    29. Minister for Human Services and Digital Transformation
    30. Assistant Minister to the Prime Minister
    31. Assistant Minister for Regional Development and Territories
    32. Assistant Minister to the Deputy Prime Minister
    33. Assistant Minister for Roads and Transport
    34. Assistant Minister for Treasury and Finance
    35. Assistant Minister for Defence
    36. Assistant Minister for International Development and the Pacific
    37. Assistant Minister for Trade, Tourism and Investment
    38. Assistant Minister for Home Affairs
    39. Assistant Minister for Social Services, Housing and Disability Services
    40. Assistant Minister for Children and Families
    41. Assistant Minister for Agriculture and Water Resources
  9. Administrators of Territories in order of appointment:
    1. Administrator of Norfolk Island
    2. Administrator of the Australian Indian Ocean Territories
    3. Administrator of the Northern Territory
  10. The Leader of the Opposition The Honourable Bill Shorten MP
  11. Former holders of high offices:
    1. Former Governors-General in order of leaving office:
      1. Bill Hayden (1989–1996)
      2. Sir William Deane (1996–2001)
      3. Dr Peter Hollingworth (2001–2003)
      4. Major General Michael Jeffery (2003–2008)
      5. Dame Quentin Bryce (2008–2014)
    2. Former Prime Ministers in order of leaving office:
      1. Bob Hawke (1983–1991)
      2. Paul Keating (1991–1996)
      3. John Howard (1996–2007)
      4. Kevin Rudd
      5. Julia Gillard (2010–2013)
      6. Tony Abbott (2013–2015)
      7. Malcolm Turnbull (2015–2018)
    3. Former Chief Justices in order of leaving office:
      1. Sir Anthony Mason (1987–1995)
      2. Sir Gerard Brennan (1995–1998)
      3. Murray Gleeson (1998–2008)
      4. Robert French (2008–2017)
  12. Premiers of states in order of state populations, then the Chief Minister of the Northern Territory:
    1. Premier of New South Wales
    2. Premier of Victoria
    3. Premier of Queensland
    4. Premier of Western Australia
    5. Premier of South Australia
    6. Premier of Tasmania
    7. Chief Minister of the Northern Territory
  13. Justices of the High Court in order of appointment:
    1. Virginia Bell
    2. Stephen Gageler
    3. Patrick Keane
    4. Geoffrey Nettle
    5. Michelle Gordon
    6. James Edelman
  14. Senior judges:
    1. Chief Justice of the Federal Court of Australia
    2. President of the Fair Work Commission
  15. Chief Justices of States in order of appointment:
    1. Chief Justice of New South Wales
    2. Chief Justice of South Australia
    3. Chief Justice of Tasmania
    4. Chief Justice of Queensland
    5. Chief Justice of Victoria
    6. Chief Justice of Western Australia
  16. Australian members of the Privy Council of the United Kingdom in order of appointment:
    1. Doug Anthony
    2. Ian Sinclair
    3. Sir William Heseltine
  17. The Chief of the Defence Force
  18. Chief Judges of Federal and Territory Courts in order of appointment
    1. Chief Justice of the Australian Capital Territory
    2. Chief Justice of the Northern Territory
    3. Chief Justice of the Family Court of Australia
  19. Members of Parliament
  20. Judges of the Federal Court of Australia and Family Court of Australia, and Deputy presidents of the Fair Work Commission in order of appointment
  21. Lord Mayors of capital cities in order of city populations:
    1. Lord Mayor of Sydney
    2. Lord Mayor of Melbourne
    3. Lord Mayor of Brisbane
    4. Lord Mayor of Perth
    5. Lord Mayor of Adelaide
    6. Lord Mayor of Hobart
    7. Lord Mayor of Darwin
  22. Heads of religious communities according to the date of assuming office in Australia
  23. Presiding officers of State Legislatures in order of appointment, then Presiding Officer of the Northern Territory legislature:
    1. President of the Victorian Legislative Council
    2. Speaker of the New South Wales Legislative Assembly
    3. President of the Tasmanian Legislative Council
    4. President of the New South Wales Legislative Council
    5. Speaker of the Victorian Legislative Assembly
    6. Speaker of the Western Australian Legislative Assembly
    7. President of the Western Australian Legislative Council
    8. Speaker of the Legislative Assembly of Queensland
    9. Speaker of the Tasmanian House of Assembly
    10. President of the South Australian Legislative Council
    11. Speaker of the South Australian House of Assembly
    12. Speaker of the Northern Territory Legislative Assembly
  24. Members of State Executive Councils in order of state populations, and then members of the Northern Territory Executive Council:
    1. Executive Council of New South Wales
    2. Executive Council of Victoria
    3. Executive Council of Queensland
    4. Executive Council of Western Australia
    5. Executive Council of South Australia
    6. Executive Council of Tasmania
    7. Executive Council of the Northern Territory
  25. Leaders of the Opposition of State Legislatures in order of state populations, then in the Northern Territory:
    1. Leader of the Opposition of New South Wales
    2. Leader of the Opposition of Victoria
    3. Leader of the Opposition of Queensland
    4. Leader of the Opposition of Western Australia
    5. Leader of the Opposition of South Australia
    6. Leader of the Opposition of Tasmania
    7. Leader of the Opposition of the Northern Territory
  26. Judges of State and Territory Supreme Courts in order of appointment:
    1. Supreme Court of New South Wales
    2. Supreme Court of Victoria
    3. Supreme Court of Queensland
    4. Supreme Court of Western Australia
    5. Supreme Court of South Australia
    6. Supreme Court of Tasmania
    7. Supreme Court of the Northern Territory
  27. Members of State Legislatures in order of state populations:
    1. New South Wales Legislative Assembly and Legislative Council
    2. Victorian Legislative Assembly and Legislative Council
    3. Queensland Legislative Assembly
    4. Western Australian Legislative Assembly and Legislative Council
    5. South Australian House of Assembly and Legislative Council
    6. Tasmanian House of Assembly and Legislative Council
    7. Northern Territory Legislative Assembly
  28. The Secretaries of Departments of the Australian Public Service and their peers and the Chiefs of the Air Force, Army, and Navy and Vice Chief of the Defence Force in order of first appointment to this group:
    1. Vice Chief of the Defence Force
    2. Chief of Navy
    3. Chief of Army
    4. Chief of Air Force
  29. Consuls-General, Consuls and Vice-Consuls according to the date on which recognition was granted
  30. Members of the Australian Capital Territory Legislative Assembly
  31. Recipients of Decorations or Honours from the Sovereign
  32. Citizens of the Commonwealth of Australia
Judiciaries of the United Kingdom

The judiciary of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. However, the judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction.

Senior Advocate of Nigeria (SAN) is a title that may be conferred on legal practitioners in Nigeria of not less than ten years' standing and who have distinguished themselves in the legal profession. It is the equivalent of the rank of Queen's Counsel in the United Kingdom, from which Nigeria became independent in 1960, as well as in South Australia, the Northern Territory, and Canada. Several countries use similar designations such as Senior Counsel, State Counsel, Senior Advocate, and President's Advocate. A Senior Advocate of Nigeria is said to have been admitted to the "Inner Bar", as distinguished from the "Outer", or "Utter", Bar, consisting of junior advocates.

The Judges of the Supreme Court of the United Kingdom include the President, the Deputy President, and Justices of the Supreme Court of the United Kingdom. The Supreme Court is the highest in the whole of the United Kingdom for civil matters, and for criminal matters from the United Kingdom jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the Queen on the advice of the Prime Minister, who receives recommendations from a selection commission. The number of judges is set by s.23(2) Constitutional Reform Act 2005, which established the Court, but may be increased by the Queen through an Order in Council under s.23(3). There are currently 12 positions: one President, one Deputy President, and 10 Justices. Judges of the Court who are not already peers are granted the style Lord or Lady for life.

The prefix The Honourable or The Honorable is an honorific style that is used before the names of certain classes of people.

References


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