A supreme court is the highest
court
A court is any person or institution, 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 ...
within the hierarchy of courts in most legal
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
s. 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 court
A court of appeals, also called a court of appeal, appellate court, 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 much of ...
s, hearing
appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s from decisions of lower
trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s, or from intermediate-level appellate courts.
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
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
. 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 Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, the
supreme courts of several Canadian provinces/territories, and the former
Supreme Court of Judicature of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the Civil law (common law), civil and Criminal law, criminal courts responsible for the administration of justice in England and Wales ...
and
Supreme Court of Judicature of Northern Ireland
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 the law of Northern Ireland.
Prior to the partition of Ireland, Northern I ...
, which are all subordinate to higher courts of appeal.
The idea of a supreme court owes much to the framers of the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. It was while debating the
division of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
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 in the Constitutional Convention that the judiciary should have a role in
checking the executive power to exercise a
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
or to revise laws. In the end, the
Framers of the Constitution
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
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". They delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole.
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
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
system of government may have both a federal supreme court (such as the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
), and supreme courts for each member state (such as the
Supreme Court 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 ...
), with the former having jurisdiction over the latter only to the extent that the federal
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
extends
federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
over
state law State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cant ...
. 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 court
An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
s separate from the
ordinary courts
Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to 'Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its compr ...
, headed by a supreme administrative court (such as the
Supreme Administrative Court of Finland
The Supreme Administrative Court of Finland (, ) is the highest court in the Finnish administrative court system, parallel to the Supreme Court of Finland. Its jurisdiction covers the legality of the decisions of government officials, and its ...
, for example). A number of jurisdictions also maintain a separate
constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
or other judicial or quasi-judicial body (first developed in the
Czechoslovak Constitution of 1920
After World War I, Czechoslovakia established itself and as a republic and democracy with the establishment of the Constitution of 1920. The constitution was adopted by the National Assembly on 29 February 1920 and replaced the provisional constit ...
), such as Austria, France, Germany, Italy, Luxembourg, Portugal, Russia, Spain and South Africa. Within the former
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
, 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
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
's
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
(based in London). A number of
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
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.
In jurisdictions using a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
system, the doctrine of ''
stare decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
'' 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
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of Reason#Logical rea ...
'', for both itself and all lower courts.
Common law jurisdictions
Australia
The High Court of Australia is the supreme court in the
Australian court hierarchy
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on mat ...
and the final
court of appeal
A court of appeals, also called a court of appeal, appellate court, 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 much of t ...
in
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
. It has both
original
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion t ...
and
appellate jurisdiction
A court of appeals, also called a court of appeal, appellate court, 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 much of t ...
, the power of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
over laws passed by the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
and the parliaments of the states, and the ability to interpret the
Constitution of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutio ...
and thereby shape the development of
federalism in Australia
Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901 – the date upon which the six self-governing Australian Colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia f ...
.
The High Court is mandated by section 71 of the Constitution, which vests in it the
judicial power
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under, the
Judiciary Act 1903
The ''Judiciary Act 1903'' (Cth) is an Act of the Parliament of Australia that regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. It is one of the oldest pieces of Australian federa ...
. It now operates under sections 71 to 75 of the Constitution, the ''Judiciary Act'',
[.] and the ''High Court of Australia Act'' 1979.
[ (Cth).] It is composed of seven Justices: the
Chief Justice of Australia
The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position.
Co ...
, currently
Susan Kiefel
Susan Mary Kiefel (; born 17 January 1954) is the chief justice of Australia, in office since 30 January 2017. She has served on the High Court since 2007, having previously been a judge of the Supreme Court of Queensland and the Federal Cou ...
, and six other Justices. They are appointed by the
Governor-General of Australia
The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.[Supreme Court of Bangladesh
The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) 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 C ...](_blank)
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 the first instance. Whereas, the High Court Division is a Court of the first instance in writ/judicial review, company, and admiralty matters.
Hong Kong
In
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
, the
Supreme Court of Hong Kong
The Supreme Court of Hong Kong was the highest court in Hong Kong prior to the transfer of sovereignty of Hong Kong from the United Kingdom to the People's Republic of China in 1997 and heard cases of first instance and appeals from the Di ...
(now known as the
High Court of Hong Kong
The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It consists of the Court of Appeal and the Court of First Instance; it deals with criminal and civil cases which have risen beyond th ...
) 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
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
(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
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
) can be recruited and continue to serve in the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
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
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state po ...
(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.
Ireland
The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
is the highest court in the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
. 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
The Four Courts ( ga, Na Ceithre Cúirteanna) is Ireland's most prominent courts building, located on Inns Quay in Dublin. The Four Courts is the principal seat of the Supreme Court, the Court of Appeal, the High Court and the Dublin Circuit ...
in
Dublin
Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
.
Israel
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
's
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
is at the head of the court system in the
State of Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. It is the highest judicial instance. The Supreme Court sits in
Jerusalem
Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
. 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
In law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered by ...
" (a retrial).
Kiribati
Nauru
In
Nauru
Nauru ( or ; na, Naoero), officially the Republic of Nauru ( na, Repubrikin Naoero) and formerly known as Pleasant Island, is an island country and microstate in Oceania, in the Central Pacific. Its nearest neighbour is Banaba Island in Ki ...
, there is no single highest court for all types of cases. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
has final jurisdiction on
constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
matters, but any other case may be appealed further to the
Appellate Court
A court of appeals, also called a court of appeal, appellate court, 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 much of ...
. In addition, an agreement between Nauru and
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
in 1976 provides for appeals from the Supreme Court of Nauru to the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
in both criminal and civil cases, with the notable exception of constitutional cases.
New Zealand
In
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, the right of appeal to the
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
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
Christine Marie Lundy, 38, and her 7-year-old daughter Amber Grace Lundy were murdered in Palmerston North, New Zealand, on 29 August 2000. In February 2001, after a six month investigation, Mark Edward Lundy (then aged 43), Christine's husband, ...
to the Privy Council in 2013 will be the last appeal to the
Board from New Zealand.
The new
Supreme Court of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It re ...
was officially established at the beginning of 2004, although it did not come into operation until July. The
High Court of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration ...
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
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather t ...
. 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
A supreme court is the highest court within the hierarchy of courts in most 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 ...
has been the apex court for
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
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
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
al 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 autonomous territories (i.e. Azad Kashmir and Gilgit-Baltistan) the Supreme Court's jurisdiction is rather limited and varies from territory to territory; it can hear appeals only of a constitutional nature from Azad Kashmir and Gilgit-Baltistan. 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
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
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 High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...
.) The Supreme Court was established by the
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
with effect from 1 October 2009, replacing and assuming the
judicial functions of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, ...
.
Devolution
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...
issues under the
Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was on ...
,
Government of Wales Act and
Northern Ireland Act
Northern Ireland Act (with its variations) is a stock short title used in the United Kingdom for legislation relating to Northern Ireland.
List
*The Northern Ireland (Emergency Provisions) Act 1973
*The Northern Ireland Act 1974
*The Northern Ire ...
were also transferred to the new Supreme Court by the Constitutional Reform Act, from the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
.
The Supreme Court shares its members and accommodation at the
Middlesex Guildhall
The Middlesex Guildhall is the home of the Supreme Court of the United Kingdom and of the Judicial Committee of the Privy Council. It stands on the south-west corner of Parliament Square in London. It is a Grade II* listed building.
Constructe ...
in London with the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
which hears final appeals from certain smaller Commonwealth realm countries, admiralty cases, and certain appeals from the
ecclesiastical court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
s 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 courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have a ...
).
The Supreme Court was set up in 2009; until then the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
was the ultimate court
in addition to being a legislative body, and the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
, with
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
and
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
functions, was also a senior judge in the House of Lords.
United States
![O'Connor, Sotomayor, Ginsburg, and Kagan](https://upload.wikimedia.org/wikipedia/commons/a/a1/O%27Connor%2C_Sotomayor%2C_Ginsburg%2C_and_Kagan.jpg)
The
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, established in 1789, is the highest federal court in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. It has final appellate powers over the
federal court system, and can perform
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
in matters involving
US federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...
(which applies to all the states). There are currently nine members of the US Supreme Court, however, there is no number specified in the Constitution. New members are nominated to life terms by the
President of the United States
The president of the United States (POTUS) is 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 Stat ...
and must be confirmed by the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
Each
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
also has its own
state supreme court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in b ...
, the highest authority in interpreting that state's law and administering that state's judiciary. The courts of
Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
and
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
have separate criminal and civil courts of last resort, while Delaware has separate courts for appellate and
equity
Equity may refer to:
Finance, accounting and ownership
* Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the dif ...
functions.
The official names of state supreme courts vary, as do the titles of its members, which can cause confusion between jurisdictions. Alternative names for supreme courts includes
Court of Appeals
A court of appeals, also called a court of appeal, appellate court, 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 much of ...
,
Supreme Court of Appeals
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative ...
and
Supreme Judicial Court. However the
New York Supreme Court, Appellate Division
The Appellate Divisions of the Supreme Court of the State of New York are the intermediate appellate courts in New York State.
There are four Appellate Divisions, one in each of the state's four Judicial Departments (e.g., the full title of the ...
is a lower court, not a supreme court. The titles for judicial officeholders can cause confusion, even within the same jurisdiction.
In Texas, the posts of Justice, Judge, and Justices of the Peace are members of successively lower levels of courts.
Civil law jurisdictions
The
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
and the
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
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 code
A civil code is a codification of private law relating to property, family, and obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
s.
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
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
(for example, it can overturn a law passed by
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
if it deems it unconstitutional).
Austria
In
Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
, the
Austrian Constitution
The Constitution of Austria (german: Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Federal Constitutional ...
of 1920 (based on a draft by
Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise ...
) introduced
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
of legislative acts for their
constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
. This function is performed by the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
(''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
An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
(''Verwaltungsgerichtshof''). The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
(''Oberste Gerichtshof (OGH)''), stands at the top of Austria's system of "
ordinary courts
Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to 'Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its compr ...
" (''ordentliche Gerichte'') as the final instance in issues of
private law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ( ...
and
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
.
Brazil
In
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, the
Supreme Federal Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
(''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
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' pleads for criminal cases. It also judges, in
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the Sup ...
, cases involving members of
congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
,
senators, ministers of state, members of the high courts and the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
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
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
cases, when dealing with federal law or conflicting rulings. The Superior Labour Court (''Tribunal Superior do Trabalho'') reviews cases involving
labour law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
. The Superior Electoral Court (''Tribunal Superior Eleitoral'') is the court of last resort of
electoral law
Election law is a branch of public law that relates to the democratic processes, election of representatives and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot access, election management b ...
, and also oversees
general elections
A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
. The Superior Military Court (''Tribunal Superior Militar'') is the highest court in matters of federal
military law
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
.
Croatia
In
Croatia
, image_flag = Flag of Croatia.svg
, image_coat = Coat of arms of Croatia.svg
, anthem = "Lijepa naša domovino"("Our Beautiful Homeland")
, image_map =
, map_caption =
, capit ...
, the supreme jurisdiction is given to the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
, which secures a uniform application of laws. The
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
exists to verify
constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
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
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, all
ordinary courts
Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to 'Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its compr ...
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
The Supreme Court (, lit. ''Highest Court'', , ) is the supreme court and the third and final instance in all civil and criminal cases in the Kingdom of Denmark. It is based at Christiansborg Palace in Copenhagen which also houses the Danish ...
(''Højesteret'') which was established 14 February 1661 by king
Frederik III
Frederick III ( da, Frederik; 18 March 1609 – 9 February 1670) was King of Denmark and Norway from 1648 until his death in 1670. He also governed under the name Frederick II as diocesan administrator (colloquially referred to as prince-bi ...
.
France
In
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, supreme appellate jurisdiction is divided among three judicial bodies:
*for judicial cases, i.e.,
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
or
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
matters:
Court of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
(''Cour de cassation'')
*for administrative cases:
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
(''Conseil d'État'')
*constitutional challenges of
statutory laws
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state leg ...
:
Constitutional Council Constitutional Council might refer to:
* Constitutional Council (Chad)
* Constitutional Council (France)
* Constitutional Council (Ivory Coast)
* Constitutional Council (Sri Lanka)
* Constitutional Council (Cambodia)
* Constitutional Council (Kaz ...
(''Conseil constitutionnel'')
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
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
, 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
The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency is ...
in case of "breach of his duties patently incompatible with his continuing in office". Since a constitutional amendment of 2007, the
French Constitution
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitu ...
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
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, there is no ''
de jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' single supreme court. Instead, cases are decided in the final instance by one of five federal high courts (see below), depending on their nature.
Final interpretation of the German Constitution, the ''
Grundgesetz
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.
The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
'', is the task of the ''
Bundesverfassungsgericht
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...
'' (Federal Constitutional Court), which is the ''
de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' highest German court, as it can declare both
federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
and
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
ineffective. In addition, it has the power to overrule decisions of all other courts, despite not being a court of appeals in the German court system. It is also the only court possessing the power and authority to outlaw political parties, should their manifests or activism prove unconstitutional.
When it comes to civil and criminal cases, the ''
Bundesgerichtshof
The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situat ...
'' (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
The Federal Social Court (''Bundessozialgericht'') is the German federal court of appeals for social security cases, mainly cases concerning the public health insurance, long-term care insurance, pension insurance and occupational accident insu ...
'' (Federal Social Court) for matters of social security, the ''
Bundesarbeitsgericht'' (Federal Labour Court) for employment and labour, the ''
Bundesfinanzhof
The Federal Fiscal Court (''Bundesfinanzhof'') is one of five federal supreme courts of Germany, established according to Article 95 of the Basic Law. It is the federal court of appeal for tax and customs matters in cases which have already bee ...
'' (Federal Fiscal Court) for taxation and financial issues, and the ''
Bundesverwaltungsgericht
The Federal Administrative Court (german: Bundesverwaltungsgericht, ) is one of the five federal supreme courts of Germany. It is the court of the last resort for generally all cases of administrative law, mainly disputes between citizens and t ...
'' (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 itself, but an ad-hoc body that is convened only when one high court intends to diverge from another high court's legal opinion. As the courts have well-defined areas of responsibility, situations like these are rather rare and the Joint Senate gathers very infrequently.
Iceland
The
Supreme Court of Iceland (,
lit. ''Highest Court of Iceland'') was founded under Act No. 22/1919 and held its first session on 16 February 1920. 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.
Italy
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
follows the French system of different supreme courts.
The Italian court of last resort for most disputes is the
Supreme Court of Cassation. There is also a separate constitutional court, the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
, which has a duty of judicial review, and which can strike down legislation as being in conflict with the Constitution. As with France, administrative cases are ruled by the
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
''.''
Japan
In
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, the
Supreme Court of Japan
The , located in Hayabusachō, Chiyoda, Tokyo, Chiyoda, Tokyo, is the Supreme court, highest court in Japan. It has ultimate judicial authority to interpret the Constitution of Japan, Japanese constitution and decide questions of national law. It ...
is called (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
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
, 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
Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
is the
Court of Final Appeal ( pt, Tribunal de Última Instância; ), though like Hong Kong, the power to interpret the
Basic Law is vested in the
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state po ...
(NPCSC) in Beijing, without retroactive effect.
Mexico
The
Supreme Court of Justice of the Nation
The Supreme Court of Justice of the Nation ( es, Suprema Corte de Justicia de la Nación (SCJN) is the Mexican institution serving as the country's federal high court and the spearhead organisation for the judiciary of the Mexican Federal Go ...
( es, Suprema Corte de Justicia de la Nación) is the highest court in Mexico.
Netherlands
![Supreme Court of the Netherlands, large courtroom (cropped)](https://upload.wikimedia.org/wikipedia/commons/c/c6/Supreme_Court_of_the_Netherlands%2C_large_courtroom_%28cropped%29.jpg)
In the
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, 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 treaties such as the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. Next to the Hoge Raad, in administrative law there are also other highest courts of appeal. Which highest court has jurisdiction in this field of law depends on the subject of the case. The most important of these courts is the Department of Justice of the Council of State (Afdeling Bestuursrechtspraak van de Raad van State).
Nigeria
The Supreme Court is the highest court in Nigeria. The Supreme Court mainly regulates in disputes between states and/or the federal government. Another power of the Supreme court rests in its authority to oversee any decisions over presidential elections and term lengths.
Philippines
While the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
is generally considered a
civil law nation, its
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
is heavily modeled after the
American Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
. This can be attributed to the fact that the Philippines was colonized by both
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, 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
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
s. The
1987 Philippine Constitution also explicitly grants to the Supreme Court the power of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
over laws and executive actions. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
is composed of 1
Chief Justice and 14
Associate Justices
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
. The court sits either
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
or in divisions, depending on the nature of the case to be decided.
Portugal
In
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, there are several supreme courts, each with a specific jurisdiction:
* The
Supreme Court of Justice
A supreme court is the highest court within the hierarchy of courts in most 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 ...
(''Supremo Tribunal de Justiça'') - for judicial (civil and criminal) matters;
* The
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
(''Tribunal Constitucional'') - for the
constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
matters;
* The
Supreme Administrative Court (''Supremo Tribunal Administrativo'') - for administrative and fiscal matters;
* The
Court of Auditors
The European Court of Auditors (ECA; French: ''Cour des comptes européenne'') is one of the seven institutions of the European Union (EU). It was established in 1975 in Luxembourg in order to improve EU financial management. It has 27 members ( ...
(''Tribunal de Contas'') - for auditing the public expenditure.
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 (Taiwan)
In the
Republic of China (Taiwan)
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
, there are three different courts of last resort:
*
Supreme Court of the Republic of China
The Supreme Court of the Republic of China () is the court of last resort in the Republic of China (Taiwan), except matters regarding interpretation of the Constitution and unifying the interpretation of laws and orders which are decided by the ...
(中華民國最高法院): civil and criminal cases.
* Supreme Administrative Court of the Republic of China (中華民國最高行政法院): executive cases.
*
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
(憲法法庭): abstract review of the constitutionality of statutes and regulations, constitutional complaint against the final court decisions, disputes between constitutional organs, dissolution of political parties in violation of the Constitution, protection of local self-governments, uniform interpretation of statutes and regulations, trial of impeachments against the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
or
Vice President
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
.
The Constitutional Court, consisting of 15 justices and mainly dealing with constitutional issues. (The Council of Grand Justices was a previous form of Constitutional review organ until 2022.)
All three courts are directly under the
Judicial Yuan
The Judicial Yuan () is the judicial branch of the government of the Republic of China on Taiwan.''See'' Constitution arts. 77-82, ''available at'' ''See'' Additional Articles of the Constitution art. 5, ''available at'' It runs a Constitution ...
, whose president also serves as Chief Justice of the Constitutional Court.
Scotland
Founded by papal bull in 1532, the
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
is the supreme civil court of Scotland, and the
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...
is the supreme criminal court. However, the absolute highest court (excluding criminal matters) is the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
.
South Africa
In
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, 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 was subordinate to the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
, which is the highest court in matters involving the interpretation and application of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. 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.
South Korea
In South Korea, role of highest court is divided among two
constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
judicial bodies of
judicial branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
.
* for major constitutional cases,
Constitutional Court of Korea
The Constitutional Court of Korea () is highest constitutional court in judicial branch of South Korea, seated in Jongno, Seoul. Established under Chapter 6 of the Constitution of South Korea, the Court has ultimate jurisdiction over judicial ...
* for every cases except jurisdiction of the Constitutional Court of Korea,
Supreme Court of Korea
The Supreme Court of Korea () is the highest ordinary court in the judicial branch of South Korea, seated in Seocho, Seoul. Established under Chapter 5 of the Constitution of South Korea, the Court has ultimate and comprehensive jurisdiction ...
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; 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.
Five sections form the Spanish Supreme court:
*Section one judges private law cases (including commercial law).
*Section two decides about criminal appeals.
*Section three judges administrative cases and controls government normative powers.
*Section four is dedicated to labour law.
*Section five is dedicated to military justice.
There is also a separate constitutional court, the ''
Tribunal Constitucional'', which has a duty of the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain.
Sweden
In
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most 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 ...
, founded in 1789, and the
Supreme Administrative Court, founded in 1909, 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
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
. 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
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, the
Federal Supreme Court of Switzerland
The Federal Supreme Court of Switzerland (german: Bundesgericht, french: Tribunal fédéral, it, Tribunale federale, rm, ) is the supreme court of the Swiss Confederation and at the head of the Swiss judiciary.
The Federal Supreme Court i ...
is the final court of appeals. Due to Switzerland's system of
direct democracy
Direct democracy or pure democracy is a form of democracy in which the Election#Electorate, electorate decides on policy initiatives without legislator, elected representatives as proxies. This differs from the majority of currently establishe ...
, 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
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
.
Sri Lanka
In
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
, the
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka ( si, ශ්රී ලංකා ශ්රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is th ...
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.
Thailand
Historically, citizens appealed directly to the King along his route to places out of the Palace. A
Thai King
The monarchy of Thailand (whose monarch is referred to as the king of Thailand; th, พระมหากษัตริย์ไทย, or historically, king of Siam; th, พระมหากษัตริย์สยาม) refers to the c ...
would adjudicate all disputes. During the reign of
King Chulalongkorn
Chulalongkorn ( th, จุฬาลงกรณ์, 20 September 1853 – 23 October 1910) was the fifth monarch of Siam under the House of Chakri, titled Rama V. He was known to the Siamese of his time as ''Phra Phuttha Chao Luang'' (พร ...
, 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
The Supreme Court of Thailand ( th, ศาลฎีกา, San Dika), located in Bangkok, Thailand, is the highest Thai court of justice, covering criminal and civil cases of the entire country. Operating separately from the Administrative ...
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.
Turkey
The Supreme Court is one of Turkey's four highest judicial authority. Judicial justice is the final review authority of the decisions and judgments issued by the courts of first instance and that the law does not leave to another judicial authority.
The decisions of the Court of Appeal's General Assembly on the Unification of Judgments are binding on judges. This is not a separate appellate body but an assembly of the Court of Appeal which renders decisions regarding points of laws on which its different chambers disagree.
United Arab Emirates
In the
United Arab Emirates
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (The Middle East). It is located at th ...
, the
Federal Supreme Court of the United Arab Emirates
The Federal Supreme Court of the United Arab Emirates (sometimes called the Union Supreme Court) is the highest federal court in the United Arab Emirates. The Federal Supreme Court looks into challenges made by litigants to judgments issued by the ...
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
Sheikh Khalifa bin Zayed bin Sultan Al Nahyan ( ar, خليفة بن زايد بن سلطان آل نهيان; 7 September 1948 – 13 May 2022) was the second president of the United Arab Emirates and the ruler of Abu Dhabi, serving f ...
).
Other civil law jurisdictions
* For
Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
, see
Supreme Court of Honduras
The Supreme Court of Honduras ( es, Corte Suprema de Justicia de Honduras; CSJ) is the Supreme Court and Constitutional Court of Honduras. The Supreme Court is the highest judicial authority in Honduras.
Structure, power, and duties
There are ...
.
* For
Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = Seal (emblem), National seal
, national_motto = "Fi ...
, see
Supreme Court of Peru
The Supreme Court of Justice is the highest judicial court in Peru. Its jurisdiction extends over the entire territory of the nation. It is headquartered in the Palace of Justice (Peru), Palace of Justice in Lima.
Structure
The supreme court is ...
.
* For
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
, see
Supreme Court of the Republic of Poland.
* For
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
, see
High Court of Cassation and Justice
The High Court of Cassation and Justice ( ro, Înalta Curte de Casație și Justiție) is Romania's supreme court, and the court of last resort. It is the equivalent of France's Cour de Cassation and serves a similar function to other courts of c ...
.
* For
Uganda
}), is a landlocked country in East Africa
East Africa, Eastern Africa, or East of Africa, is the eastern subregion of the African continent. In the United Nations Statistics Division scheme of geographic regions, 10-11-(16*) territor ...
, see
Supreme Court of Uganda
The Supreme Court of Uganda is the highest judicial organ in Uganda. It derives its powers from Article 130 of the 1995 Constitution. It is primarily an appellate court with original jurisdiction in only one type of case: a presidential electi ...
* For
Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
, see
Supreme Court of Ukraine
The Supreme Court of Ukraine ( uk, Верховний Суд України, ) is the highest judicial body in the system of courts of general jurisdiction in Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europ ...
.
* For
Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
, see
Supreme Court of Uruguay.
Mixed-system jurisdictions
Canada
![The Nine](https://upload.wikimedia.org/wikipedia/commons/2/21/The_Nine.jpg)
Canada is a bi-jural country. Nine of the provinces use the common law, while the province of
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
uses the civil law. Federal public law is based on the common law, but federal statute law must take into account both legal systems.
The
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
was established in 1875. It is defined by the ''
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'' and by the ''Supreme Court Act'' as a "General Court of Appeal". 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
The chief justice of Canada (french: juge en chef du 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 sy ...
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
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
, two from the
western provinces
Western Canada, also referred to as the Western provinces, Canadian West or the Western provinces of Canada, and commonly known within Canada as the West, is a Canadian region that includes the four western provinces just north of the Canada– ...
, and one from the
Atlantic provinces
Atlantic Canada, also called the Atlantic provinces (french: provinces de l'Atlantique), is the region of Eastern Canada comprising the provinces located on the Atlantic coast, excluding Quebec. The four provinces are New Brunswick, Newfoundlan ...
. 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
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
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.
India
The law of India is a hybrid of common law, civil law, customary law, and religious principles. The
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
was created on January 28, 1950 after adoption of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
.
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.
Indonesia
Law of Indonesia
Law of Indonesia is based on a civil law system, intermixed with local customary law and the Roman Dutch law. Before the Dutch presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently wit ...
at the national level is based on a combination of
civil law from the tradition of
Roman-Dutch law
Roman-Dutch law (Dutch: ''Rooms-Hollands recht'', Afrikaans: ''Romeins-Hollandse reg'') is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it ...
and
customary law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudina ...
from the tradition of
Adat
Alesis Digital Audio Tape (ADAT) is a magnetic tape format used for the recording of eight digital audio tracks onto the same S-VHS tape used by consumer VCRs.
Although it is a tape-based format, the term ''ADAT'' now refers to its successo ...
. Law in regional jurisdictions can vary from province to province, including even
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
law, for example
Islamic criminal law in Aceh
The province of Aceh in Indonesia enforces some provisions of Islamic criminal law, the sole Indonesian province to do so. In Aceh, Islamic criminal law is called ''jinayat'' (an Arabic loanword). The laws that implement it are called ''Qanun ...
, 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
The Constitutional Court of the Republic of Indonesia ( id, Mahkamah Konstitusi Republik Indonesia) is one of the apex courts in Indonesia along with the Indonesian Supreme Court. Its primary role is reviewing the constitutionality of statutes ...
, 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. 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
The President of the Republic of Indonesia ( id, Presiden Republik Indonesia) is both the head of state and the head of government of the Republic of Indonesia. The president leads the executive branch of the Indonesian government and is ...
and the
People's Representative Council
The People's Representative Council of the Republic of Indonesia ( id, Dewan Perwakilan Rakyat Republik Indonesia, DPR-RI), also known as the House of Representatives, is one of two elected chambers of the People's Consultative Assembly (MPR), ...
.
[Ina Parlina and Margareth S Aritonang,]
House begins selection of new Constitutional Court justice'
''The Jakarta Post'', 28 February 2013.
Soviet-model jurisdictions
In most nations with constitutions modelled after the
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
, the
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
was given the power of being the ''court of last resort''.
People's Republic of China
In
the judicial system of
mainland China
"Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
the highest court of appeal is the
Supreme People's Court
The Supreme People's Court of the People's Republic of China (SPC; ) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of national ...
. 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.
The final power to interpret the law is vested in the
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state po ...
(NPCSC). This power includes the power to interpret the
basic laws of
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
and
Macau
Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
, the constitutional documents of the two
special administrative regions which are British-based
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
and Portuguese-based
civil law 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.
Socialist Republic of Vietnam
* For
Vietnam
Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
, see
Supreme People's Court of Vietnam
Supreme may refer to:
Entertainment
* Supreme (character), a comic book superhero
* ''Supreme'' (film), a 2016 Telugu film
* Supreme (producer), hip-hop record producer
* "Supreme" (song), a 2000 song by Robbie Williams
* The Supremes, Motown-e ...
and
Standing Committee of the National Assembly of Vietnam.
Islamic law jurisdictions
*
Supreme Judicial Council of Saudi Arabia
See also
*
Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional ...
*
Separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
*
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
*
Independence of the judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
*
List of national supreme courts
List of supreme courts
States recognised by the United Nations
States recognised by at least one United Nations member
States not recognised by any United Nations members
''Sui generis'' entities
International courts
There are a numb ...
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Lists of supreme court justices
The following are lists of justices of several national Supreme Courts:
* : List of Justices of the High Court of Australia
* : List of justices of the Supreme Court of Canada
* : List of justices of the Federal Constitutional Court
* : Lis ...
References
{{DEFAULTSORT:Supreme Court
Courts by type