Supreme court

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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 high (or final) court 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. [1]

Court judicial institution with the authority to resolve legal disputes

A court is any person or institution with authority to judge or adjudicate, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate under varying rules.

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However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the Supreme Courts of several Canadian provinces/territories and the former Supreme Court of Judicature of England and Wales and Supreme Court of Judicature of Northern Ireland, which are all subordinate to higher courts of appeal.

Civil law, or civilian law, is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems, the intellectual framework of which comes from judge-made decisional law, and gives precedential authority to prior court decisions, on the principle that it is unfair to treat similar facts differently on different occasions.

High Court of Australia supreme court

The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the states, and the ability to interpret the Constitution of Australia and thereby shape the development of federalism in Australia.

The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. It is vested with unlimited civil and criminal jurisdiction, although outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court.

The idea of a supreme court owes much to the framers of the Constitution of the United States. It was while debating the division of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary. Creating a "third branch" of government was a novel idea; in the English tradition, judicial matters had been treated as an aspect of royal (executive) authority. It was also proposed that the judiciary should have a role in checking the executive power to exercise a veto or to revise laws. In the end, the Framers of the Constitution compromised by sketching only a general outline of the judiciary, vesting of federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." [2] [3] They delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole.

Constitution of the United States Supreme law of the United States of America

The Constitution of the United States is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president ; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it. It is regarded as the oldest written and codified national constitution in force.

The separation of powers is a model for the governance of a state. Under this model, a state's government is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is the trias politica model. It can be contrasted with the fusion of powers in some parliamentary systems where the executive and legislative branches overlap.

Constitutional Convention (United States) Event taking place from May 25 to September 17, 1787 in Philadelphia, Pennsylvania, that led to the creation of the United States Constitution

The Constitutional Convention took place from May 25 to September 17, 1787, in the old Pennsylvania State House in Philadelphia. Although the Convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1770–1783) and proponent of a stronger national government, to preside over the Convention. The result of the Convention was the creation of the Constitution of the United States, placing the Convention among the most significant events in American history.

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 federal system of government may have both a federal supreme court (such as the Supreme Court of the United States), and supreme courts for each member state (such as the Supreme Court of Nevada), with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law. However, other federations, such as Canada, may have a supreme court of general jurisdiction, able to decide any question of law. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts, headed by a supreme administrative court as is the case in the Netherlands. A number of jurisdictions also maintain a separate constitutional court (first developed in the Czechoslovak Constitution of 1920), such as Austria, France, Germany, Luxembourg, Portugal, Russia, Spain and South Africa. Within the former British Empire, the highest court within a colony was often called the "Supreme Court", even though appeals could be made from that court to the United Kingdom's Privy Council (based in London). A number of Commonwealth jurisdictions retain this system, but many others have reconstituted their own highest court as a court of last resort, with the right of appeal to the Privy Council being abolished.

Federation A union of partially self-governing states or territories united by a central government that exercises power over them

A federation is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is typically constitutionally entrenched and may not be altered by a unilateral decision of either party, the states or the federal political body. Alternatively, federation is a form of government in which sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. It is often argued that federal states where the central government has the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringe on the constituent states' powers by invoking the central government's constitutional authority to ensure "peace and good government" or to implement obligations contracted under an international treaty, are not truly federal states.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Executive acts can be struck down by the Court for violating either the Constitution or federal law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.

Supreme Court of Nevada the highest court in the U.S. state of Nevada

The Supreme Court of Nevada is the highest state court of the U.S. state of Nevada, and the head of the Nevada Judiciary. The main constitutional function of the Supreme Court is to review appeals made directly from the decisions of the district courts. The Supreme Court does not pursue fact-finding by conducting trials, but rather determines whether legal errors were committed in the rendering of the lower court's decision. While the Court must consider all cases filed, it has the discretion to send appeals to the Nevada Court of Appeals for final resolution, as well as the power to determine the jurisdiction of that court.

In jurisdictions using a common law system, the doctrine of stare decisis applies, whereby the principles applied by the supreme court in its decisions are binding upon all lower courts; this is intended to apply a uniform interpretation and implementation of the law. In civil law jurisdictions the doctrine of stare decisis is not generally considered to apply, so the decisions of the supreme court are not necessarily binding beyond the immediate case before it; however, in practice the decisions of the supreme court usually provide a very strong precedent, or jurisprudence constante , for both itself and all lower 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.

In law, a judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.

Jurisprudence constante is a legal doctrine according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions, e.g., Louisiana.

Common law jurisdictions

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 first instance. Whereas, the High Court Division is a Court of first instance in writ/judicial review, company and admiralty matters.

Supreme Court of Bangladesh Highest 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 July 2019, there are 7 Justices in Appellate Division and 92 in High Court Division.


Hong Kong

In Hong Kong, the Supreme Court of Hong Kong (now known as the High Court of Hong Kong) was the final court of appeal during its colonial times which ended with transfer of sovereignty in 1997. The final adjudication power, as in any other British Colonies, rested with the Judicial Committee of the Privy Council (JCPC) in London, United Kingdom. Now the power of final adjudication is vested in the Court of Final Appeal created in 1997. Under the Basic Law, its constitution, the territory remains a common law jurisdiction. Consequently, judges from other common law jurisdictions (including England and Wales) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law. On the other hand, the power of interpretation of the Basic Law itself is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing (without retroactive effect), and the courts are authorised to interpret the Basic Law when trying cases, in accordance with Article 158 of the Basic Law. This arrangement became controversial in light of the right of abode issue in 1999, raising concerns for judicial independence.

India

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. 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.

Note that within the constitutional framework of India, Jammu and Kashmir (J&K) has a special status vis-a-vis the other states of India. Article 370 of the Constitution of India carves out certain exceptions for J&K. However, the Constitution (Application to Jammu and Kashmir) Order 1954 makes Article 141 applicable to the state of J&K and hence law declared by the Supreme Court of India is equally applicable to all courts of J&K including the High Court.

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.

Israel

Israel's Supreme Court is at the head of the court system in the State of Israel. It is the highest judicial instance. The Supreme Court sits in Jerusalem. The area of its jurisdiction is the entire State. A ruling of the Supreme Court is binding upon every court, other than the Supreme Court itself. The Israeli supreme court is both an appellate court and the high court of justice. As an appellate court, the Supreme Court considers cases on appeal (both criminal and civil) on judgments and other decisions of the District Courts. It also considers appeals on judicial and quasi-judicial decisions of various kinds, such as matters relating to the legality of Knesset elections and disciplinary rulings of the Bar Association. As the High Court of Justice (Hebrew: Beit Mishpat Gavoha Le'Zedek בית משפט גבוה לצדק; also known by its initials as Bagatz בג"ץ), the Supreme Court rules as a court of first instance, primarily in matters regarding the legality of decisions of State authorities: Government decisions, those of local authorities and other bodies and persons performing public functions under the law, and direct challenges to the constitutionality of laws enacted by the Knesset. The court has broad discretionary authority to rule on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal. The High Court of Justice grants relief through orders such as injunction, mandamus and Habeas Corpus, as well as through declaratory judgments. The Supreme Court can also sit at a further hearing on its own judgment. In a matter on which the Supreme Court has ruled - whether as a court of appeals or as the High Court of Justice – with a panel of three or more justices, it may rule at a further hearing with a panel of a larger number of justices. A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that the importance, difficulty or novelty of a ruling of the Court justifies such hearing. The Supreme Court also holds the unique power of being able to order "trial de novo" (a retrial).

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. [4] [5]

New Zealand

In New Zealand, the right of appeal to the Privy Council was abolished following the passing of the Supreme Court Act (2003). A right of appeal to the Privy Council remains for criminal cases which were decided before the Supreme Court was created, but it is likely that the successful appeal by Mark Lundy to the Privy Council in 2013 will be the last appeal to the Board from New Zealand.

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.

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 territories (i.e. FATA, Azad Kashmir, Northern Areas and Islamabad Capital Territory (ICT)) the Supreme Court's jurisdiction is rather limited and varies from territory to territory; it can hear appeals only of a constitutional nature from FATA and Northern Areas, while ICT generally functions the same as provinces. 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.

In respect of Community Law the Supreme Court is subject to the decisions of the European Court of Justice. Since there can be no appeal from the Supreme Court, there is an interlocutory procedure by which the Supreme Court may refer to the European Court questions of European law which arise in cases before it, and obtain a definitive ruling before the Supreme Court gives its judgment.

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 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 Court of Judicature, and the rarely cited Supreme Court of Judicature for England and Wales as the Senior Courts of England and Wales).

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 Supreme Court of the United States, established in 1789, is the highest federal court in the United States, with powers of judicial review first asserted in Calder v. Bull (1798) in Justice Iredell's dissenting opinion. The power was later given binding authority by Justice Marshall in Marbury v. Madison (1803). There are currently nine seats on the US Supreme Court.

Each U.S. state has its own state supreme court, which is the highest authority interpreting that state's law and administering that state's judiciary. Two states, Oklahoma and Texas, each have two separate highest courts that hear criminal and civil appellate matters.

In Texas, the state's Court of Criminal Appeals hears criminal appeals and has sole authority to grant the writ of habeas corpus to a person who has been convicted of a felony, but the Texas Supreme Court also hears appeals in juvenile delinquency matters in additional to civil cases as conventionally defined. Although juvenile cases fall under the Texas Family Code and are classified as civil proceedings, they are "quasi-criminal" in nature. In re M.A.F., 966 S.W.2d 448, 450 (Tex. 1998); see In re L.D.C., 400 S.W.3d 572, 574 (Tex. Crim. App. 2013).

Although Delaware has a specialized court, the Court of Chancery, which hears cases in equity and many disputes involving corporate governance because many corporations chose to incorporate in Delaware regardless of where in the United States their operations and head office may be located, it is not a supreme court because the Delaware Supreme Court has appellate jurisdiction over it. [6]

The official names of state supreme courts vary, as do the titles of its members, which can cause confusion between jurisdictions because one state may use a name for its highest court that another uses for a lower court. In New York, Maryland, and the District of Columbia the highest court is called the Court of Appeals, a name used by many states for their intermediate appellate courts. Further, trial courts of general jurisdiction in New York are called the Supreme Court, and the intermediate appellate court is called the Supreme Court, Appellate Division. In West Virginia, the highest court of the state is the Supreme Court of Appeals. In Maine and Massachusetts the highest court is styled the "Supreme Judicial Court"; the last is the oldest appellate court of continuous operation in the Western Hemisphere. Even within the same jurisdiction, the titles for judicial officeholders can cause confusion. In Texas, the members of the Supreme Court and of the 14 intermediate courts of appeals are Justices, while the members of the Court of Criminal Appeals carry the title Judge, which is also used generically. Judges at the lowest trial-court level are called Justices of the Peace or JPs.

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 constitution (for example, it can overturn a law passed by Congress if it deems it unconstitutional).

Austria

In Austria, the Austrian Constitution of 1920 (based on a draft by Hans Kelsen) introduced judicial review of legislative acts for their constitutionality. This function is performed by the Constitutional Court (Verfassungsgerichtshof), which is also charged with the review of administrative acts on whether they violate constitutionally guaranteed rights. Other than that, administrative acts are reviewed by the Administrative Court (Verwaltungsgerichtshof). The Supreme Court (Oberste Gerichtshof (OGH)), stands at the top of Austria's system of "ordinary courts" (ordentliche Gerichte) as the final instance in issues of private law and criminal law.

Brazil

In Brazil, the Supreme Federal Tribunal (Supremo Tribunal Federal) is the highest court. It is both the constitutional court and the court of last resort in Brazilian law. It only reviews cases that may be unconstitutional or final habeas corpus pleads for criminal cases. It also judges, in original jurisdiction, cases involving members of congress, senators, ministers of state, members of the high courts and the President and Vice-President of the Republic. The Superior Court of Justice (Tribunal Superior de Justiça) reviews State and Federal Circuit courts decisions for civil law and criminal law cases, when dealing with federal law or conflicting rulings. The Superior Labour Tribunal (Tribunal Superior do Trabalho) reviews cases involving labour law. The Superior Electoral Tribunal (Tribunal Superior Eleitoral) is the court of last resort of electoral law, and also oversees general elections. The Superior Military Tribunal (Tribunal Superior Militar) is the highest court in matters of federal military law.

Croatia

In Croatia, the supreme jurisdiction is given to the Supreme Court, which secures a uniform application of laws. The Constitutional Court exists to verify constitutionality of laws and regulations, as well as decide on individual complaints on decisions on governmental bodies. It also decides on jurisdictional disputes between the legislative, executive and judicial branches.

Denmark

In Denmark, all ordinary courts have original jurisdiction to hear all types of cases, including cases of a constitutional or administrative nature. As a result, there exists no special constitutional court, and therefore final jurisdiction is vested with the Danish Supreme Court (Højesteret) which was established 14 February 1661 by king Frederik III.

France

In France, supreme appellate jurisdiction is divided among three judicial bodies:

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 High Court (Haute Cour) exists only to impeach the President of the French Republic in case of "breach of his duties patently incompatible with his continuing in office". Since a constitutional amendment of 2007, the French Constitution states that the High Court is composed of all members of both Houses of Parliament. As of 2018, it has never been convened.

While the President isn't, 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 handled by numerous federal courts, depending on their nature.

Final interpretation of the German Constitution, the Grundgesetz , is the task of the Bundesverfassungsgericht (Federal Constitutional Court), which is the de facto highest German court, as it can declare both federal and state legislation ineffective, and has the power to overrule decisions of all other federal courts, despite not being a regular court of appeals on itself in the German court system. It is also the only court possessing the power and authority to outlaw political parties.

When it comes to civil and criminal cases, the Bundesgerichtshof (Federal Court of Justice) is at the top of the hierarchy of courts. The other branches of the German judicial system each have their own appellate systems, each topped by a high court; these are the Bundessozialgericht (Federal Social Court) for matters of social security, the Bundesarbeitsgericht (Federal Labour Court) for employment and labour, the Bundesfinanzhof (Federal Fiscal Court) for taxation and financial issues, and the Bundesverwaltungsgericht (Federal Administrative Court) for administrative law. The so-called Gemeinsamer Senat der Obersten Gerichtshöfe (Joint Senate of the Supreme Courts) is not a supreme court in itself, but an ad-hoc body that is convened in only when one supreme court intends to diverge from another supreme court's legal opinion or when a certain case exceeds the authority of one court. As the courts have well-defined areas of responsibility, situations like these are rather rare and so, the Joint Senate gathers very infrequently, and only to consider matters which are mostly definitory.

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. [7] 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. [8]

India

The Supreme Court of India, also known colloquially as the 'apex court', is the highest judicial body in the Republic of India. Any decision taken by it is final and binding, and can only be modified in some cases (death sentence, etc.) by the President of India. It has several jurisdictions like: 1. Original 2.Appellate 3. Advisory

It is also known as court of records, i. e. all judgements are recorded and printed. These are cited in lower courts as case - law in various cases.

Italy

Italy follows the French system of different supreme courts.

The Italian court of last resort for most disputes is the Corte Suprema di Cassazione . There is also a separate constitutional court, the Corte costituzionale , which has a duty of judicial review, and which can strike down legislation as being in conflict with the Constitution.

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 by laws). 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 Macau is the Court of Final Appeal (Portuguese : Tribunal de Última Instância; Chinese :澳門終審法院).

Mexico

The Supreme Court of Justice of the Nation (Spanish : Suprema Corte de Justicia de la Nación) is the highest court in Mexico.

The 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 some treaties. Also, the ordinary courts in the Netherlands, including the Hoge Raad, do not deal with administrative law, which is dealt with in separate administrative courts, the highest of which is the Council of State (Raad van State)

Philippines

While the Philippines is generally considered a civil law nation, its Supreme Court is heavily modeled after the American Supreme Court. This can be attributed to the fact that the Philippines was colonized by both Spain and the United States, and the system of laws of both nations strongly influenced the development of Philippine laws and jurisprudence. Even as the body of Philippine laws remain mostly codified, the Philippine Civil Code expressly recognizes that decisions of the Supreme Court "form part of the law of the land", belonging to the same class as statutes. The 1987 Philippine Constitution also explicitly grants to the Supreme Court the power of judicial review over laws and executive actions. The Supreme Court is composed of 1 Chief Justice and 14 Associate Justices. The court sits either en banc or in divisions, depending on the nature of the case to be decided.

People's Republic of China

In the judicial system of mainland China the highest court of appeal is the Supreme People's Court. This supervises the administration of justice by all subordinate "local" and "special" people's courts, and is the court of last resort for the whole People's Republic of China except for Macau and Hong Kong

Portugal

In Portugal, there are several supreme courts, each with a specific jurisdiction:

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

In the Republic of China (Taiwan), there are three different courts of last resort:

The Council of Grand Justices, consisting of 15 justices and mainly dealing with constitutional issues, is the counterpart of constitutional courts in some countries.

All three courts are directly under the Judicial Yuan, whose president also serves as Chief Justice in the Council of Grand Justices.

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.

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; [9] 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. [10]
Five sections form the Spanish Supreme court:

Sweden

In Sweden, the Supreme Court and the Supreme Administrative Court 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 Switzerland, the Federal Supreme Court of Switzerland [11] is the final court of appeals. Due to Switzerland's system of direct democracy, it has no authority to review the constitutionality of federal statutes, but the people can strike down a proposed law by referendum. According to settled case law, however, the Court is authorised to review the compliance of all Swiss law with certain categories of international law, especially the European Convention of Human Rights.

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.

South Africa

In South Africa, a "two apex" system existed from 1994 to 2013. The Supreme Court of Appeal (SCA) was created in 1994 and replaced the Appellate Division of the Supreme Court of South Africa as the highest court of appeal in non-constitutional matters. The SCA is subordinate to the Constitutional Court, which is the highest court in matters involving the interpretation and application of the Constitution. But in August 2013 the Constitution was amended to make the Constitutional Court the country's single apex court, superior to the SCA in all matters, both constitutional and non-constitutional.

Thailand

Historically, citizens appealed directly to the King along his route to places out of the Palace. A Thai King would adjudicate all disputes. During the reign of King Chulalongkorn, an official department for appeals was set up, and, after Thailand adopted a western-styled government, Thai Supreme Court was established in 1891.

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.

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 Khalifa bin Zayed Al Nahyan). [12]

Other civil law jurisdictions

Mixed-system jurisdictions

Canada

Supreme Court of Canada The Nine.jpg
Supreme Court of 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. [13]

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." [14] [15] 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 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. [16]

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. [17] Law in regional jurisdictions can vary from province to province, including even Sharia law, [18] 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 Constitutional Court of Indonesia, on the other hand, is a part of the judicial branch tasked with review of bills and government actions for constitutionality, as well as regulation of the interactions between various arms of the state. The constitutional amendment to establish the court was passed in 2001, and the court itself was established in 2003. [19] The Constitutional Court consists of nine justices serving nine year terms, and they're appointed in tandem by the Supreme Court, the President of Indonesia and the People's Representative Council. [20]

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. In the People's Republic of China, the final power to interpret the law is vested in the Standing Committee of the National People's Congress (NPCSC). This power includes the power to interpret the basic laws of Hong Kong and Macau, the constitutional documents of the two special administrative regions which are common law and Portuguese-based legal system jurisdictions respectively. This power is a legislative power and not a judicial one in that an interpretation by the NPCSC does not affect cases which have already been decided.

See also

Notes

    Related Research Articles

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    In the United States, a state supreme court is the ultimate judicial tribunal in the court system of a particular state. On matters of state law, the decisions of a state supreme court are considered final and binding on state and even United States federal courts.

    State court (United States) court of a U.S. state

    In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the much smaller in case load and personnel, United States federal courts, handle different types of cases.

    Court of Cassation (France) highest jurisdiction in the French judiciary order

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    The judiciary of Germany is the system of courts that interprets and applies the law in Germany.

    In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" relative to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts.

    Court system of Canada an article about the court system of Canada

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    Federal judiciary of the United States judiciary

    The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.

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    Judiciary of Pakistan

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    Supreme Court of Spain The Supreme Court of Spain is the highest court in Spain.

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    Supreme Court of the Gambia

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    References

    1. "Supreme court - Define Supreme court at Dictionary.com". Dictionary.com.
    2. Pushaw Jr., Robert J. "Essays on Article III: Judicial Vesting Clause". Heritage Guide to the Constitution. Washington, D.C.: The Heritage Foundation . Retrieved September 3, 2018.
    3. 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.
    4. "Nauru: Courts & Judgments", United States Department of State
    5. 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
    6. "Overview of the Delaware Court System". Delaware Judicial Information Center. Retrieved 2009-12-19.
    7. "Hæstiréttur Íslands". haestirettur.is.
    8. "Um Landsrétt". www.landsrettur.is (in Icelandic). Retrieved 2018-10-23.
    9. Spanish Civil Code, article 1
    10. Pablo Contreras, Pedro de (ed.). "Curso de Derecho Civil (I)". Colex 2008, p. 167, 168 and 175
    11. "The Judiciary: The Federal Supreme Court". Government of Switzerland . Retrieved 2010-11-14.
    12. Administrator, System. "Reem Island murder: 'Ghost' executed". Emirates 24|7. Retrieved 2016-05-24.
    13. Canada - Department of Justice: "About Bijuralism".
    14. Constitution Act, 1867, s. 101.
    15. Supreme Court Act, RSC 1985, c. S-26, s. 3.
    16. Supreme Court of Canada: Creation and Beginning of the Court.
    17. 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.
    18. Indonesia - Freedom in the World 2012. Freedom House. Accessed 8 February 2017.
    19. Constitutional Court Website: History of The Constitution Court accessed 17 May 2009
    20. Ina Parlina and Margareth S Aritonang, 'House begins selection of new Constitutional Court justice', The Jakarta Post, 28 February 2013.