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.

Common-law jurisdictions

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.

Related Topics:
High Court of Australia - Australia Act - 1986 - Judicial Committee of the Privy Council

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Each state and territory has its own supreme court, which leads to some confusion with young schoolchildren or overseas tourists (particularly those outside the Commonwealth of Nations) since the term "supreme court" seems at first to be loftier than "high court". However, previous to the federation of Australia, each colony had its own independent judicial system which typically had a supreme court as the highest court physically within colonial jurisdiction. See Australian court hierarchy.

Related Topics:
Commonwealth of Nations - Federation of Australia - Australian court hierarchy

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Canada

The Supreme Court of Canada was established in 1875 but only became the highest court in the country in 1949 when the right of appeal to the Judicial Committee of the Privy Council was abolished. This court hears appeals of decisions rendered by appellate courts from each of the country's provinces and territories, as well as appeals of judgments made by the Federal Court of Appeal. The court's decisions are final and binding on the federal courts and the courts from all provinces and territories, including the Province of Quebec which has its own distinct legal system in matters of property and civil law based on the Civil Code of Quebec.

Related Topics:
Supreme Court of Canada - 1875 - 1949 - Judicial Committee of the Privy Council - Quebec - Civil Code of Quebec

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Hong Kong

In Hong Kong, the power of final adjudication which was previously vested with the Privy Council is now vested in the Court of Final Appeal following Hong Kong's reunification with China in 1997. Under the Basic Law, the constitutional document of Hong Kong, the region remains a common law jurisdiction. Consequently, judges from other common law jurisdictions (including England and Wales) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law.

Related Topics:
Hong Kong - Court of Final Appeal - 1997 - Basic Law

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On the other hand, the power of interpretation of the Basic Law itself, being part of the national law, is vested in the Standing Committee of the National People's Congress of China (NPCSC) in accordance with Article 158 of the Basic Law. Some are concerned that this arrangement would amount to undermining judicial independence in Hong Kong. Such controversies have arisen in the right of abode issue in 1999.

Related Topics:
Standing Committee of the National People's Congress of China - Right of abode

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India

The Supreme Court of India was created on January 28, 1950 after the adoption of a new Constitution. The Supreme Court is a constitutional authority independent from political interference. All judgements are binding across all states of India. The exception being the state of Jammu and Kashmir where the Indian Penal Code is not applicable. The court rulings take precedence over state High Courts. In extremely rare cases such as capital punishment, the decision may be passed on to the President of India for clemency petitions.

Related Topics:
Supreme Court of India - January 28 - 1950 - Constitution - Jammu and Kashmir - High Court - Capital punishment - President of India

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Pakistan

The Supreme Court of Pakistan was established on 2nd March 1956 under the newly enacted Constitution (I956) of Pakistan. This Court indeed succeeded the Federal Court of Pakistan, established in 1949. Supreme Court of Pakistan is independent from political interference. All judgements are binding across all states of Pakistan. The Supreme Court is the highest and final superior court of record. Appointment of Supreme Court Judges The Chief Justice of Pakistan is appointed by the President. Other Judges are also appointed by the President after consultation with the Chief Justice.

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Republic of Ireland

The Supreme Court is the highest court in the Republic of Ireland. It has authority to interpret the constitution, and strike down laws and activities of the state that it finds to be unconstitutional. It is also the highest authority in the interpretation of the law. Constitutionally it must have authority to interpret the constitution but its further appellate jurisdiction from lower courts is defined by law. The Irish Supreme Court consists of its presiding member, the Chief Justice, and seven other judges. Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government. The Supreme Court currently sits in the Four Courts in Dublin.

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New Zealand

The right of appeal to the Privy Council has recently been abolished following the passing of the Supreme Court Act (2003). The new Supreme Court of New Zealand was officially established at the beginning of 2004, although it did not come into operation until July.

Related Topics:
Privy Council - Supreme Court of New Zealand - 2004

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United Kingdom

In England and Wales, the "Supreme Court" is not, despite its name, the court of last resort. The Supreme Court of England and Wales has three constituent courts: the Crown Court (which deals with criminal cases), the High Court of Justice (which deals mostly with civil cases) and the Court of Appeal (which considers appeals from both the Crown Court and the High Court). A similar arrangement is followed in Northern Ireland and Gibraltar. In Scotland, there is no court called the "Supreme Court"; the High Court of Justiciary is the highest criminal court, while the Court of Session is the highest civil court.

Related Topics:
England and Wales - Supreme Court of England and Wales - Crown Court - High Court of Justice - Court of Appeal - Northern Ireland - Gibraltar - Scotland - High Court of Justiciary - Court of Session

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Above all of these courts are the House of Lords and the Privy Council. The latter body hears a small group of cases: appeals from certain Commonwealth realms (in the sections below, one may take note of the several countries which have abolished Privy Council appeals), admiralty cases and certain appeals from the ecclesiastical courts. Most of the remaining cases are heard in the House of Lords. In both the Privy Council and House of Lords, the entire body does not hear the cases; rather, the "Law Lords," qualified judges, consider the matter. The Constitutional Reform Act 2005 will replace the House of Lords, insofar as judicial functions are concerned, with a Supreme Court of the United Kingdom, and renames the Supreme Court of England and Wales as the Senior Courts of England and Wales.

Related Topics:
House of Lords - Privy Council - Commonwealth realm - Ecclesiastical court - Constitutional Reform Act 2005 - Supreme Court of the United Kingdom - Senior Courts of England and Wales

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United States

The Supreme Court of the United States is the highest U.S. court. Its jurisdiction over the constitutionality of Acts of Congress was unclear until it was asserted in Marbury v. Madison in the early 19th century.

Related Topics:
Supreme Court of the United States - Constitutionality - Congress - Marbury v. Madison - 19th century

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While federal law is applicable within Louisiana, its state legal system is as described under "Civil code jurisdictions" below.

Related Topics:
Federal law - Louisiana

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In the state of New York, "Supreme Court" is actually the lowest State Court or trial court for civil cases in each county (and felony criminal cases in the five boroughs of New York City); each of its districts is subordinate to the Appellate Division of the Supreme Court, and the four Departments of the Appellate Division, in turn, are under the power of the New York Court of Appeals. It is called "Supreme" because it is a court of general jurisdiction, meaning it has authority to hear any case, whereas all other New York State courts have more limited jurisdiction.

Related Topics:
New York - Supreme Court - Trial court - New York City - Court of Appeals

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In most U.S. states, courts of last resort are called supreme courts. For details on the states that differ, see a separate discussion on state supreme courts.

Related Topics:
U.S. state - State supreme courts

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See also:

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• List of United States Supreme Court cases