Chief justice

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

Contents

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 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, the chief justice is appointed by the President, 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.

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, the Constitutional Court of South Africa, and the Supreme Court of Appeals of West Virginia (in the US state of West Virginia).

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 the duties of the office, the Chief Justice of Canada performs the duties of the governor general. In India, in the event the President and the Vice- President are unable to discharge the functions due to death, resignation or removal, the Chief Justice of India acts as Officiating President of India.

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. In some countries, such as the United States, the chief justice is also responsible for presiding over certain legislative matters, such as during the impeachment trial of a president.

List of chief justice positions

See also

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<span class="mw-page-title-main">Lord Chief Justice of England and Wales</span> Head of the judiciary of England and Wales

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<span class="mw-page-title-main">Supreme Court of the United Kingdom</span> Final court of appeal in the United Kingdom

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<span class="mw-page-title-main">Judiciary of England and Wales</span>

There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

The following are lists of justices of several national Supreme Courts:

The following is the order of precedence for Australia:

  1. The King of Australia: His Majesty King Charles III
  2. The Governor-General of Australia: Her Excellency the Hon Sam Mostyn AC
  3. The Governor of the State when within their own State.
  4. The Governors of the other States in order of appointment:
    1. Governor of New South Wales: Margaret Beazley
    2. Governor of Tasmania: Barbara Baker
    3. Governor of South Australia: Frances Adamson
    4. Governor of Queensland: Jeannette Young
    5. Governor of Western Australia: Chris Dawson
    6. Governor of Victoria: Margaret Gardner
  5. When within the Northern Territory, the Administrator of the Northern Territory: Hugh Heggie
  6. The Prime Minister: Anthony Albanese
  7. When within their own State or Territory, the Premier of the State or the Chief Minister of the Territory
  8. The President of the Senate and the Speaker of the House of Representatives in order of election :
    1. President of the Senate Senator: Sue Lines
    2. Speaker of the House of Representatives: Milton Dick
  9. The Chief Justice of Australia: Stephen Gageler
  10. 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 ad interim and Acting High Commissioners in order of date of assumption of duties
  11. Members of the Federal Executive Council under summons :
    1. Ministry List
  12. The Administrator of the Northern Territory: Hugh Heggie
  13. The Leader of the Opposition: Peter Dutton
  14. Former holders of high offices:
    1. Former Governors-General in order of leaving office:
      1. William Deane (1996–2001)
      2. Peter Hollingworth (2001–2003)
      3. Quentin Bryce (2008–2014)
      4. Peter Cosgrove (2014–2019)
      5. David Hurley (2019-2024)
    2. Former Prime Ministers in order of leaving office:
      1. Paul Keating (1991–1996)
      2. John Howard (1996–2007)
      3. Kevin Rudd
      4. Julia Gillard (2010–2013)
      5. Tony Abbott (2013–2015)
      6. Malcolm Turnbull (2015–2018)
      7. Scott Morrison (2018–2022)
    3. Former Chief Justices in order of leaving office:
      1. Anthony Mason (1987–1995)
      2. Murray Gleeson (1998–2008)
      3. Robert French (2008–2017)
      4. Susan Kiefel (2017–2023)
  15. Premiers of states in order of state populations, then Chief Ministers of the territories in order of territory populations:
    1. Premier of New South Wales: Chris Minns
    2. Premier of Victoria: Jacinta Allan
    3. Premier of Queensland: Annastacia Palaszczuk
    4. Premier of Western Australia: Roger Cook
    5. Premier of South Australia: Peter Malinauskas
    6. Premier of Tasmania: Jeremy Rockliff
    7. Chief Minister of the Australian Capital Territory: Andrew Barr
    8. Chief Minister of the Northern Territory: Natasha Fyles
  16. The Lord Mayor when within their jurisdiction
  17. Justices of the High Court in order of appointment:
    1. Michelle Gordon AC
    2. James Edelman
    3. Simon Steward
    4. Jacqueline Sarah Gleeson
    5. Jayne Jagot
    6. Robert Beech-Jones
  18. Senior judges:
    1. Chief Justice of the Federal Court of Australia: Debra Mortimer
    2. Chief Justice of the Federal Circuit Court of Australia : Will Alstergren
    3. Chief Judge of the Federal Circuit and Family Court of Australia : Jointly held with the above by Will Alstergren
  19. The Chief Justice of the Supreme Court of the (Australian) jurisdiction
  20. The other Chief Justices of the Supreme Courts of the States and Territories in order of appointment :
    1. Chief Justice of the Supreme Court of South Australia: The Hon Chris Kourakis SC
    2. Chief Justice of the Supreme Court of Tasmania: The Hon Alan Blow AO
    3. Chief Justice of the Supreme Court of the Northern Territory: Michael Grant
    4. Chief Justice of the Supreme Court of Victoria: Anne Ferguson
    5. Chief Justice of the Supreme Court of Western Australia: Peter Quinlan SC
    6. Chief Justice of the Supreme Court of New South Wales: The Hon Andrew Bell SC
    7. Chief Justice of the Supreme Court of the Australian Capital Territory: Lucy McCallum
    8. Chief Justice of the Supreme Court of Queensland: The Hon Helen Bowskill KC
  21. Australian members of the Privy Council of the United Kingdom in order of appointment:
    1. The Rt Hon Ian Sinclair AC
    2. The Rt Hon Sir William Heseltine
  22. The Chief of the Defence Force
  23. Chief Judges of State and Territory Courts in order of their appointment to any of their respective jurisdictions' courts
  24. Members of Parliament
  25. Presidents of Federal Tribunals:
    1. The President of the Fair Work Commission: The Hon Justice Adam Hatcher SC
    2. The President of the Administrative Appeals Tribunal: The Hon Justice Emilios Kyrou AO
  26. Other Judges of Federal, State and Territory Courts in order of their appointment to any of their respective jurisdictions' courts
  27. Lord Mayors of capital cities in order of city populations:
    1. Lord Mayor of Sydney: The Rt Hon the Lord Mayor of Sydney, Councillor Clover Moore AO
    2. Lord Mayor of Melbourne: The Rt Hon the Lord Mayor of Melbourne, Councillor Sally Capp AO
    3. Lord Mayor of Brisbane: The Rt Hon the Lord Mayor of Brisbane, Councillor Adrian Schrinner
    4. Lord Mayor of Perth: The Rt Hon the Lord Mayor of Perth, Mr Basil Zempilas
    5. Lord Mayor of Adelaide: The Rt Hon the Lord Mayor of Adelaide, Dr Jane Lomax-Smith AM
    6. Lord Mayor of Hobart: The Rt Hon the Lord Mayor of Hobart, Councillor Anna Reynolds
    7. Lord Mayor of Darwin: The Rt Worshipful the Lord Mayor of Darwin, the Hon Kon Vatskalis
  28. Heads of religious communities according to the date of assuming office in Australia
  29. The Presiding Officer(s) of the State Legislature when in their own jurisdiction.
  30. Presiding officers of the other State Legislatures in order of appointment, then Presiding Officer of Territory Legislatures in order of appointment:
    1. Speaker of the Victorian Legislative Assembly: Colin Brooks
    2. Speaker of the Legislative Assembly of Queensland: Curtis Pitt
    3. President of the Victorian Legislative Council: Nazih Elasmar
    4. Speaker of the New South Wales Legislative Assembly: Jonathan O'Dea
    5. President of the Tasmanian Legislative Council: Craig Farrell
    6. President of the South Australian Legislative Council: John Dawkins)
    7. Speaker of the Western Australian Legislative Assembly: Michelle Roberts)
    8. President of the New South Wales Legislative Council: Matthew Mason-Cox
    9. President of the Western Australian Legislative Council: Alanna Clohesy
    10. Speaker of the Tasmanian House of Assembly: Mark Shelton
    11. Speaker of the South Australian House of Assembly: Dan Cregan
    12. Speaker of the Australian Capital Territory Legislative Assembly: Joy Burch
    13. Speaker of the Northern Territory Legislative Assembly: Ngaree Ah Kit
  31. The members of the particular State Executive Council under summons, then the Members of the other State Executive Councils in order of state populations, and then the Ministers of the Australian Capital Territory 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. Ministers of the Australian Capital Territory
    8. Executive Council of the Northern Territory
  32. The Leader of the Opposition of the particular State, and then Leaders of the Opposition of State Legislatures in order of state populations, then Leaders of the Opposition in Territory Legislatures in order of territory populations:
    1. Leader of the Opposition of New South Wales: Mark Speakman
    2. Leader of the Opposition of Victoria: John Pesutto
    3. Leader of the Opposition of Queensland: David Crisafulli
    4. Leader of the Opposition of Western Australia: Shane Love
    5. Leader of the Opposition of South Australia: Peter Malinauskas
    6. Leader of the Opposition of Tasmania: Rebecca White
    7. Leader of the Opposition of the Australian Capital Territory: Elizabeth Lee
    8. Leader of the Opposition of the Northern Territory: Lia Finocchiaro
  33. Members of the Federal Executive Council not under summons
  34. Members of the particular State or Territory legislature, and then Members of State and Territory Legislatures in order of population:
    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. Australian Capital Territory Legislative Assembly
    8. Northern Territory Legislative Assembly
  35. The Secretaries of Departments of the Australian Public Service and their peers and the Chiefs of the Air Force, Army, and Navy in order of first appointment to this group:
    1. Chief of Air Force: Air Marshal Robert Chipman
    2. Chief of Army: Lieutenant General Simon Stuart
    3. Chief of Navy: Vice Admiral Mark Hammond
  36. Consuls-General, Consuls and Vice-Consuls according to the date on which recognition was granted
  37. Recipients of Decorations or Honours from the Sovereign, specifically Decorations or Honours which are at or above the Knight Bachelor or above, and precedence being established according to the Australian honours order of wearing, and, where two people hold the same decoration or honour, according to the date on which the award was announced
  38. Citizens of the Commonwealth of Australia
<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final 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.

<span class="mw-page-title-main">Judiciaries of the United Kingdom</span> Systems of courts of law in England and Wales, Northern Ireland and Scotland

The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. 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 but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.

<span class="mw-page-title-main">Justice of the Supreme Court of the United Kingdom</span> The judges of the Supreme Court of the United Kingdom

Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president of the court. The Supreme Court is the highest court of the United Kingdom for all civil cases, and for criminal cases from the jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the British monarch on the advice of the prime minister, who receives recommendations from a selection commission.

The Honourable or The Honorable is an honorific style that is used as a prefix before the names or titles of certain people, usually with official governmental or diplomatic positions.

References

  1. ↑ Judges Law of the People's Republic of China, Article 16: "Judges are divided into twelve grades. The President of the Supreme People's Court is the Chief Justice."
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