Supreme court
The supreme court in some countries, provinces and states, is that jurisdiction's highest court, for example, the Supreme Court of the United States. (But some jurisdictions use that name for a court subordinate to its highest court, as noted below.)
Such courts are termed the court of last resort since there is no appeal that can be taken beyond them. In most countries and subordinate states with constitutions, the supreme court interprets the corresponding constitution.
Many higher courts create through their decisions case law applicable within their respective jurisdictions, or interpret codal provisions in civil law countries to maintain a uniform interpretation:
- Most common-law nations have the doctrine of stare decisis in which the rulings of the supreme court constitute binding precedent.
- Most civil-law nations do not have the official doctrine of stare decisis and hence the rulings of the supreme court are usually not binding outside the immediate case in question. Exceptions, including Spain, appear below.
| Table of contents |
|
2 Civil-Code Jurisdictions |
In the United Kingdom, there is no single court called the "Supreme Court".
Common-Law Jurisdictions
Above these are the Law Lords of the House of Lords, the most senior court, though this will change in 2003 with the proposed creation of a true Supreme Court for the UK. (For details, see UK Court Systems.)
The Supreme Court of Canada was established in 1875, but only became the highest court in the country in 1949, when the right of appeal to the Judicial Committee of the Privy Council was abolished.
In Australia, the High Court of Australia became the court of last resort with the passing of the Australia Act in 1986. This act abolished the right of appeal to the Judicial Committee of the Privy Council.
In New Zealand, the right of appeal to the Privy Council has been abolished, folowing the passing of the Supreme Court Act 2003.
Hong Kong continues to share many aspects with common-law jurisdictions, but see "Soviet-model Jurisdictions" below.
The Supreme Court of the United States is the highest US Court. Its jurisdiction to judge whether Acts of Congress are within the limits set by the Constitution was unclear until it asserted that jurisdiction in Marbury vs. Madison in the early 19th century, but has been unchallenged since.
While Federal law is applicable within Louisiana, its state legal system is as described under "Civil-Code Jurisdictions" below.
In New York State, "Supreme Court" is part of the name of various trial courts; each of them is subordinate to its respective Superior Court (and the Court of Appeals).
In most states of the United States, courts of last resort are called "Supreme Court"; in four states, the name includes "Court of" and "Appeals", with or without additional words. See state supreme court.
The highest court in France for judicial cases is called the Cour de cassation; the litigation section of the Conseil d'État plays a similar role for administrative cases.
In Germany, there is no single supreme court. Interpretation of the German constitution, the Grundgesetz, is the task of the Federal Constitutional Court of Germany.
With civil and criminal cases, the highest court in a hierarchy of appellate courts is the Bundesgerichtshof. The other branches of the German judicial branch for social, labor, and administrative cases each have their own appellate systems and highest courts.
The high courts in Spain can create binding precedents if they choose to do so.
This has changed somewhat within the People's Republic of China where an emphasis on constitutional regularity and rule of law has given the Standing Committee of the National People's Congress of China (NPCSC) some authority to interpret law.
In Hong Kong, the right of appeal to the Privy Council was ended following its return to Chinese sovereignty in 1997. Under the Basic Law of the Special Administrative Region (SAR), the Court of Final Appeal takes its place. (However, the SAR remains a common-law jurisdiction, and judges from other such jurisdictions, including England and Wales, continue to serve as Court judges.) As the court of last resort of the PRC (see preceding paragaraph), the NPCSC is also the court of last resort for Hong Kong. It first exercised that power in the Hong Kong Immigration cases.United States
Civil-Code Jurisdictions
The US state of Louisiana's legal system derives from the Napoleonic Code of France, in contrast to all other US states. While Federal law is applicable there, its state legal system is a civil-code one. Its highest court is the Louisiana Supreme Court.Soviet-model Jurisdictions
In most nations with constitutions modeled after the Soviet Union, the legislature was given the power of being the court of last resort, however because of the lack of a strong legal system, this power was only nominal.
