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The supreme court in many countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. In the United States, for example, there is a federal Supreme Court as well as supreme courts within most of the states. However, some jurisdictions do not use the phrase "Supreme Court" in naming their highest courts, and some jurisdictions use this phrase to name courts which are not their highest courts, as described below. Although some countries and subordinate states follow the American model of having a supreme court that interprets that jurisdiction's constitution, others follow the Austrian model of a separate constitutional court (first developed in the Austrian Constitution of 1920). Furthermore, in some countries, such as Finland, there is no constitutional court; the constitutionality of a law is implicit and cannot be challenged. Furthermore, in e.g. Finland and Poland, there is a separate Supreme Administrative Court whose decisions are final and whose jurisdiction does not overlap with the Supreme Court. Many higher courts create through their decisions case law applicable within their respective jurisdictions or interpret codal provisions in civil-law countries to maintain a uniform interpretation: Australia The High Court of Australia became, for all practical purposes, the court of last resort with the passing of the Australia Act in 1986. This act abolished the last rights of appeal from state supreme courts to the Privy Council. Each state and territory has its own Supreme Court, which is the highest court in the state/territory. This leads to some confusion among those from other jurisdictions as the term "supreme court" seems to refer to the court of last resort. The reason that the High Court of Australia is not named the 'supreme court' is purely historical. Before the federation of the Australian colonies as states of Australia (in 1901), each colony had its own independent judicial system with a supreme court as the highest court physically within the colony (with a right of appeal to the Privy Council). Upon federation, the constitution provided for the establishment of the 'High Court' which could hear appeals from the state Supreme Courts. With the exception of The Australian Capital Territory, each state's Supreme Court is divided into two divisions: the Trial Division and the Court of Appeals. Appeals from The ACT Supreme Court are heard in the High Court of Australia. Using the state of Victoria as an example, The Court of Appeals can hear appeals no later than fourteen days after the decision of the magistrates on civil matters (appeals from this court regarding criminal decisions being heard in The County Court), the County Court which holds the same level of seniority as District Courts in other states, and the Trial Division of the Supreme Court. Leave to appeal a decision of The Court of Appeals is heard in the High Court. Justices of The High Court must be under the age of 70 when appointed (they are appointed by the Govenor-General in council)and must retire upon attaining that age. As the High Court of Australia is the highest court in the country, the Chief Justice of The High Court is the Chief Justice of Australia. The current Chief Justice is Murray Gleeson. Canada The Supreme Court of Canada was established in 1875 but only became the highest court in the country in 1949 when the right of appeal to the Judicial Committee of the Privy Council was abolished. This court hears appeals of decisions rendered by appellate courts from each of the country's provinces and territories, as well as appeals of judgments made by 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, including the Province of Quebec which has its own distinct legal system in matters of property and civil law based on the Civil Code of Quebec. Hong Kong, Peoples Republic of China|China In Hong Kong, a special administrative region of the People's Republic of China and former British crown colony, the power of final adjudication which was previously vested with the Privy Council is now vested in the Court of Final Appeal following the transfer of sovereignty to the People's Republic of China in 1997. Under the Basic Law, the constitutional document of Hong Kong, 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, being a national law, is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing in accordance with Article 158 of the Basic Law. Some are concerned that this arrangement would amount to undermining judicial independence in Hong Kong. Such controversies have arisen in the right of abode issue in 1999. See also: Supreme Court of Hong Kong India The Supreme Court of India was created on January 28, 1950 after the adoption of a new Constitution. The Supreme Court is a constitutional authority independent of political interference. All judgements are binding across all states of India. The exception is the state of Jammu and Kashmir where the Indian Penal Code is not applicable. Court rulings take precedence over state High Courts. In extremely rare cases such as capital punishment, the decision may be passed on to the President of India for clemency petitions. Pakistan The Supreme Court of Pakistan was established on 2nd March 1956 under the newly enacted Constitution (1956) of Pakistan. This Court indeed succeeded the Federal Court of Pakistan, established in 1949. The Supreme Court of Pakistan is independent from political interference. All judgements are binding across all states of Pakistan. The Supreme Court is the highest and final superior court of record. The Chief Justice of Pakistan is appointed by the President. Other Judges are also appointed by the President after consultation with the Chief Justice. Republic of 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 currently sits in the Four Courts in Dublin. New Zealand The right of appeal to the Privy Council was abolished following the passing of the Supreme Court Act (2003). The new Supreme Court of New Zealand was officially established at the beginning of 2004, although it did not come into operation until July. In September 2006, a new design for a dedicated Supreme Court building was announced, with completion set for 2009. Philippines The Supreme Court is the highest court. It is the court of last resort. All court rulings that are ruled as final and executory can't be appealed. United Kingdom There are three Supreme Court systems in the United Kingdom, one each for England and Wales, Northern Ireland and Scotland. Gibraltar also has a Supreme Court, but as an overseas territory, it is legally not part of the United Kingdom. England and Wales Following the enactment of the Constitutional Reform Act 2005 the body known as the Judicial Committee of the House of Lords (the Law Lords) will sit as a separate 'supreme' court (although the doctrine of parliamentary sovereignty remains unchanged by this somewhat confusing use of terminology). The body known as the supreme court which consists of the Crown Court (which deals with criminal cases), the High Court of Justice (which deals mostly with civil cases) and the Court of Appeal (which considers appeals from both the Crown Court, the High Court and elsewhere) is will be called the "Senior Court of Judicature." Notably the Privy Council endures. Northern Ireland and Gibraltar A similar arrangement is followed in Northern Ireland and Gibraltar. Scotland In Scotland, the High Court of Justiciary and the Court of Session are collectively known as the Supreme Courts, with the High Court being the supreme criminal court, with no appeal to the House of Lords, and the Court of Session the superior civil court. There remains the possibility of appeal to the House of Lords on matters of civil cases, as well appeals under the Scotland Act 1998 to the Judicial Committee of the Privy Council. (See also the section for Scotland below.) Privy Council The Judicial Committee of the Privy Council hears a small group of cases: appeals from certain Commonwealth realms (in the sections below, one may take note of the several countries which have abolished Privy Council appeals), admiralty cases, certain appeals from the ecclesiastical courts, and devolution matters under the Scotland Act 1998, Government of Wales Act and Northern Ireland Act. Supreme Court of the United Kingdom In both the Privy Council and House of Lords, the entire body does not hear the cases; rather, the "Law Lords," qualified judges, consider the matter. The Constitutional Reform Act 2005 will replace the House of Lords, insofar as judicial functions are concerned, with a Supreme Court of the United Kingdom, and renames the Supreme Court of Judicature for England and Wales as the Senior Courts of England and Wales. United States The Supreme Court of the United States is the highest court in the United States, with powers of judicial review given to itself as decided in Marbury v. Madison (1803), though it appears to have been contemplated by Alexander Hamilton in Federalist No. 78. Each U.S. state has a state supreme court, though some do not actually use the term "supreme court." In the Commonwealth of Massachusetts the "Supreme Judicial Court" is the highest court, as well as the oldest appellate court of continuous operation in the Western hemisphere. In New York, Maryland, and the District of Columbia the highest court is the "Court of Appeals." (In New York, the "Supreme Court" is the trial court of general unlimited jurisdiction and the intermediate appellate court is called the "Supreme Court — Appellate Division".) In West Virginia, the highest court of the state is called "Supreme Court of Appeals." Oklahoma and Texas each have two separate highest courts, one for criminal appeals ("Court of Criminal Appeals") and one for civil cases ("Supreme Court"). 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. Austria The Austrian Constitution of 1920 (based on a draft by Hans Kelsen) was the second (after the US) to introduce 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 (Oberster Gerichtshof), 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 The Supreme Federal Tribunal is the highest court of Brazil. It is both the constitutional court and the court of last resort in Brazilian law. It only reviews cases that may be unconstitutional. It also judges, in original jurisdiction, cases involving members of congress, senators, ministers of state, members of the Court and the President and Vice-President of the Republic. The Superior Justice Tribunal grants writs of certiorari for civil law and criminal law cases. The Superior Labour Tribunal reviews cases involving labour law. The Superior Electoral Tribunal is the court of last resort of electoral law, and also oversees general elections. The Superior Military Tribunal is the highest court in matters of military law. 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. France France divides supreme jurisdiction into 5 entities: Germany In Germany, there is no single supreme court. Interpretation of the German Constitution, the Grundgesetz, is the task of the Bundesverfassungsgericht (Federal Constitutional Court of Germany). With civil and criminal cases, the highest court in a hierarchy of appellate courts is the Bundesgerichtshof. The other branches of the German judicial branch for social, labor, taxes and administrative cases each have their own appellate systems and highest courts. There is also a common supreme court of justice, the so-called Gemeinsamer Senat der Obersten Gerichtshöfe (Common Senate of the Supreme Courts of Justice), which acts only in the case that one supreme court of justice disagrees with another court's decision. As the courts have well-defined areas of responsibility, this situation very rarely arises, and the court only gathers rather rarely and only on matters which are mostly definitory. Netherlands Hoge Raad der Nederlanden is the Supreme Court of the Netherlands. Its decisions, known as "arresten", are very much respected, if not officially precedential. The court is banned from testing legislation against the constitution, pursuant to the principle of the sovereignty of the States-General; the court can, however, test legislation against treaties, which amounts to some form of de facto constitutional review. 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). Italy The Italian court of last resort for most disputes is called Corte di Cassazione. There is a separate constitutional court, the Corte costituzionale and also a parliamentary court of last resort. Japan The Supreme Court of Japan is called 最高裁判所(Saikō-Saibansho). 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). Poland See Supreme Court of Poland. Portugal See Supreme Court of Portugal. Russia The Constitution of the Russian Federation establishes three institutes of judiciary at the level of a supreme court: Spain The high courts in Spain can create binding precedents if they choose to do so. 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. South Africa 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 of the Constitution. Switzerland The Federal Supreme Court of Switzerland is the final court of appeals in Switzerland. 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. Scotland In Scotland, the highest criminal court is called the High Court of Justiciary. The Court of Session is the highest civil court in Scotland, but its membership is identical to that of the High Court. There are some appeals in civil cases to the Appellate Committee of the House of Lords (i.e. the Law Lords); there is no appeal to the House of Lords in criminal cases. Quebec While the rest of Canada uses the system of common law, Quebec has codified its civil law sources in the Civil Code of Quebec. It is interpreted by the Courts of Quebec amongst which the highest court is the Court of Appeal of Quebec (no letter "s" in the word "Appeal"). Unlike most other civil law jurisdictions the principles of stare decisis do apply in Quebec in an unofficial manner and thus it is often called a mixed system (système mixte). It must be noted, however, that any decision of the Quebec Court of Appeal can be appealed to the Supreme Court of Canada. By convention, 3 judges of the Supreme Court come from Quebec in order to be able to rule on matters pertaining to Quebec civil law. Soviet-model jurisdictions In most nations with constitutions modeled after the Soviet Union, the legislature was given the power of being the court of last resort. However, because of the lack of a strong legal system, this power was only nominal. Peoples Republic of China In the People's Republic of China the final power to interpret the law is vested in Standing Committee of the National People's Congress of China. This power includes the power to interpret the basic laws of Hong Kong and Macao, 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 | |||||||
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