Supreme court

The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. In the United States, for example, there is a federal Supreme Court as well as supreme courts within most of the states. However, some jurisdictions do not use the phrase "Supreme Court" in naming their highest courts, as described below.

Civil-law jurisdictions

The Roman law and the Corpus Juris Civilis are generally held to be the historical model for civil law. From the late 18th century onwards, civil law jurisdictions began to codify their laws, most of all in civil codes.

Related Topics:
Roman law - Corpus Juris Civilis - Civil law jurisdictions - Civil code

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Austria

The Austrian Constitution of 1920 (based on a draft by Hans Kelsen) was the second (after the US) to introduce judicial review of legislative acts for their constitutionality. This function is performed by the Constitutional Court (Verfassungsgerichtshof), which is also charged with the review of administrative acts on whether they violate constitutionally guaranteed rights.

Related Topics:
Austrian Constitution - 1920 - Hans Kelsen - Judicial review - Constitutionality - Constitutional Court

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Other than that, administrative acts are reviewed by the Administrative Court (Verwaltungsgerichtshof).

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The Supreme Court (Oberster Gerichtshof), stands at the top of Austria's system of "ordinary courts" (ordentliche Gerichte) as the final instance in issues of private law and criminal law.

Related Topics:
Supreme Court - Private law - Criminal law

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Croatia

The supreme jurisdiction is given to the Supreme Court, which secures a uniform application of laws.

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The Constitutional Court exists to verify constitutionality of laws and regulations, as well as decide on individual complaints on decisions on governmental bodies. It also decides on jurisdictional disputes between the legislative, executive and judicial branches.

Related Topics:
Constitutional Court - Constitutionality

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France

France divides supreme jurisdiction into 3 entities:

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• judicial cases (civil justice or criminal justice): Cour de Cassation
• most recourses against the administration, cancellation of administrative decisions: Conseil d'État (Council of State)
• constitutional challenges with respect to statute law: Constitutional Council

When there is a conflict between the attributions of the Court of Cassation and the Conseil d'État, the Tribunal of the Conflicts, formed in equal part of members of both institutions and possibly presided by the Minister of Justice, meets and settles which court system should handle the case.

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Germany

In Germany, there is no single supreme court. Interpretation of the German Constitution, the Grundgesetz, is the task of the Bundesverfassungsgericht (Federal Constitutional Court of Germany).

Related Topics:
Grundgesetz - Federal Constitutional Court of Germany

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With civil and criminal cases, the highest court in a hierarchy of appellate courts is the Bundesgerichtshof. The other branches of the German judicial branch for social, labor, taxes and administrative cases each have their own appellate systems and highest courts. There is also a common supreme court of justice, the so-called Gemeinsamer Senat der Obersten Gerichtshöfe (Common Senate of the Supreme Courts of Justice), which acts only in the case that one supreme court of justice disagrees with another court's decision. As the courts have well-defined areas of responsibility, this situation very rarely arises, and the court only gathers rather rarely and only on matters which are mostly definitory.

Related Topics:
Bundesgerichtshof - Judicial branch - Gemeinsamer Senat der Obersten Gerichtshöfe

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Netherlands

Hoge Raad der Nederlanden is the Supreme Court of the Netherlands.

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Poland

See Supreme Court of Poland.

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Spain

The high courts in Spain can create binding precedents if they choose to do so.

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Sri Lanka

The Supreme Court of Sri Lanka was created in 1972 after the adoption of a new Constitution. the Supreme Court is the highest and final superior court of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The court rulings take precedence over all lower Courts. The Sri Lanka judicial system is complex blend of both common-law and civil-law. In some cases such as capital punishment, the decision may be passed on to the President of the Republic for clemency petitions.

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Switzerland

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

Related Topics:
Federal Supreme Court of Switzerland - Switzerland - Direct democracy - European Convention of Human Rights

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