Supreme Court of Nauru
Encyclopedia
The Supreme Court of Nauru is the highest judicial court
of the Republic of Nauru
.
, adopted upon Nauru's independence from Australia
in 1968. Art. 48 of the Constitution establishes the Supreme Court as "a superior court of record
", with jurisdiction prescribed constitutionally and by law. Art.49 stipulates that the Chief Justice is appointed by the President
and sits with other justices, likewise appointed by the President, whose number is to be determined by law. Only barrister
s and solicitor
s who have been practising for at least five years may be appointed to the Supreme Court. Articles 50 and 51 prescribe that a Supreme Court judge vacates his or her office upon attaining the age of 65 (unless that age limit be amended by legislation), or upon being removed for incapacity or misconduct by a motion adopted by at least two thirds of members of Parliament
, or upon tending his or her resignation to the President. Art.54 stipulates that "[t]he Supreme Court shall, to the exclusion of any other court, have original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of th[e] Constitution"; art.55 prescribes that Cabinet
"may refer questions on Constitution to the Supreme Court", and that "the Supreme Court shall pronounce in open court its opinion on the question". Thus the Supreme Court is empowered to deliver an advisory opinion
, albeit only upon questions referred to it by Cabinet.
and appellate jurisdiction
. The Pacific Islands Legal Information Institute notes that the Supreme Court "has unlimited original civil jurisdiction and although the Courts Act [1972] does not so specify it is assumed that it has original criminal jurisdiction". Additionally, as per the Appeals Act 1972, the Supreme Court hears appeal
s from the District Court in both criminal
and civil cases
, on questions of fact or law. The Family Court, however, functions separately, and no appeal is possible from this court to the Supreme Court.
Despite its name, the Supreme Court is not the highest court of appeal in most cases. Its judgements on constitutional matters are final, but any other case may be appealed further to the Appellate Court. In addition, art.57 of the Constitution stipulates that "Parliament may provide that an appeal lies as prescribed by law from a judgment, decree, order or sentence of the Supreme Court to a court of another country". This provision was implemented in an agreement between Nauru and Australia in 1976, providing for appeals from the Supreme Court of Nauru to the High Court of Australia
in both criminal and civil cases, with certain exceptions; in particular, no case pertaining to the Constitution of Nauru may be decided by the Australian court.
As Nauruan law
is derived from the English and Australian
common law
system, precedent
s set by the Supreme Court are integrated to national law, and the Supreme Court's interpretation of the law binds lower courts. Such precedents are, however, superseded by statute law.
The first constitutional case to reach the Supreme Court was Jeremiah v Nauru Local Government Council, decided in March 1971, on petition to the Supreme Court. The petitioner, Jeremiah, was a Nauruan man who wished to marry a non-Nauruan woman. The Nauru Local Government Council, whose consent was required for any lawful marriage between a Nauruan and a non-Nauruan (as per the Births, Deaths and Marriages Ordinance 1957), refused to grant consent, without providing a reason. Jeremiah argued this was a violation of article 3 of the Constitution, which provides that "every person in Nauru is entitled to the fundamental rights and freedoms of the individual". Chief Justice Thompson, however, ruled that the constitutional meaning of "fundamental rights and freedoms of the individual" was to be restricted to the rights and freedoms explicitly established by the Constitution. Thus, no constitutional right to marry existed.
In October 2010, the Supreme Court ruled on its most recent constitutional case, In the Matter of the Constitution and in the Matter of the Dissolution of the Eighteenth Parliament, to determine whether the dissolution of a deadlocked Parliament and the ensuing proclamation of a state of emergency
by President Marcus Stephen
were constitutionally valid. The case had been brought by members of the parliamentary Opposition. Justice John von Doussa ruled in favour of the President, stating that art.77 of the Constitution gave the President full latitude to determine whether a state of emergency should be declared.
, appointed in December 2010. The Court currently has one other judge, Justice John von Doussa, appointed in September 2010. Both were appointed by President Marcus Stephen
.
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of the Republic of Nauru
Nauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
.
Constitutional establishment
It is established by part V of the ConstitutionConstitution of Nauru
The constitution of the Republic of Nauru was adopted following national independence on 31 January 1968.In 2007 there were political debates in progress with a view to amend aspects of the Constitution, owing to the challenge of widely acknowledged political instability...
, adopted upon Nauru's independence from Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
in 1968. Art. 48 of the Constitution establishes the Supreme Court as "a superior court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
", with jurisdiction prescribed constitutionally and by law. Art.49 stipulates that the Chief Justice is appointed by the President
President of Nauru
The President of Nauru is elected by Parliament from amongst its members. He is both the head of state and head of government of Nauru. Nauru's unicameral Parliament has 18 members, with an electoral term of 3 years. Political parties only play a minor role in Nauru politics, and there has often...
and sits with other justices, likewise appointed by the President, whose number is to be determined by law. Only barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s and solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s who have been practising for at least five years may be appointed to the Supreme Court. Articles 50 and 51 prescribe that a Supreme Court judge vacates his or her office upon attaining the age of 65 (unless that age limit be amended by legislation), or upon being removed for incapacity or misconduct by a motion adopted by at least two thirds of members of Parliament
Parliament of Nauru
The Parliament of Nauru has 18 members, elected for a three year term in multi-seat constituencies. The President of Nauru is elected by the members of the Parliament.The members of the Parliament of Nauru are elected by a positional voting system....
, or upon tending his or her resignation to the President. Art.54 stipulates that "[t]he Supreme Court shall, to the exclusion of any other court, have original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of th[e] Constitution"; art.55 prescribes that Cabinet
Cabinet of Nauru
The Cabinet of Nauru is the cabinet of the government of the Republic of Nauru.The Constitution of Nauru specifies that the Cabinet is composed of the President and of four or five members of Parliament appointed to Cabinet positions by the President.The Cabinet is "collectively responsible to...
"may refer questions on Constitution to the Supreme Court", and that "the Supreme Court shall pronounce in open court its opinion on the question". Thus the Supreme Court is empowered to deliver an advisory opinion
Advisory opinion
An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important...
, albeit only upon questions referred to it by Cabinet.
Jurisdiction
The Supreme Court has both originalOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
and appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
. The Pacific Islands Legal Information Institute notes that the Supreme Court "has unlimited original civil jurisdiction and although the Courts Act [1972] does not so specify it is assumed that it has original criminal jurisdiction". Additionally, as per the Appeals Act 1972, the Supreme Court hears appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from the District Court in both criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, on questions of fact or law. The Family Court, however, functions separately, and no appeal is possible from this court to the Supreme Court.
Despite its name, the Supreme Court is not the highest court of appeal in most cases. Its judgements on constitutional matters are final, but any other case may be appealed further to the Appellate Court. In addition, art.57 of the Constitution stipulates that "Parliament may provide that an appeal lies as prescribed by law from a judgment, decree, order or sentence of the Supreme Court to a court of another country". This provision was implemented in an agreement between Nauru and Australia in 1976, providing for appeals from the Supreme Court of Nauru to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
in both criminal and civil cases, with certain exceptions; in particular, no case pertaining to the Constitution of Nauru may be decided by the Australian court.
As Nauruan law
Law of Nauru
Nauruan law, since Nauru's independence from Australia in 1968, is derived primarily from English and Australian common law, though it also integrates indigenous customary law to a limited extent...
is derived from the English and Australian
Law of Australia
The law of Australia consists of the Australian common law , federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories...
common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system, precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s set by the Supreme Court are integrated to national law, and the Supreme Court's interpretation of the law binds lower courts. Such precedents are, however, superseded by statute law.
Cases
The Supreme Court heard its first case, Detamaigo v Demaure, in April 1969. The case consisted in an "appeal against a decision of the Nauru Lands Committee as to the persons beneficially entitled to the personality of the estate of a deceased Nauruan". In a very brief ruling, Chief Justice Thompson struck out the appeal, on the grounds that "this Court has no jurisdiction to entertain appeals from the Nauru Lands Committee's determinations in respect of personalty", as such jurisdiction was not specifically provided by the Nauru Lands Committee Ordinance 1956.The first constitutional case to reach the Supreme Court was Jeremiah v Nauru Local Government Council, decided in March 1971, on petition to the Supreme Court. The petitioner, Jeremiah, was a Nauruan man who wished to marry a non-Nauruan woman. The Nauru Local Government Council, whose consent was required for any lawful marriage between a Nauruan and a non-Nauruan (as per the Births, Deaths and Marriages Ordinance 1957), refused to grant consent, without providing a reason. Jeremiah argued this was a violation of article 3 of the Constitution, which provides that "every person in Nauru is entitled to the fundamental rights and freedoms of the individual". Chief Justice Thompson, however, ruled that the constitutional meaning of "fundamental rights and freedoms of the individual" was to be restricted to the rights and freedoms explicitly established by the Constitution. Thus, no constitutional right to marry existed.
In October 2010, the Supreme Court ruled on its most recent constitutional case, In the Matter of the Constitution and in the Matter of the Dissolution of the Eighteenth Parliament, to determine whether the dissolution of a deadlocked Parliament and the ensuing proclamation of a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
by President Marcus Stephen
Marcus Stephen
Marcus Stephen was President of the Republic of Nauru from December 2007 to November 2011. In addition to the presidency, he held the offices of Minister for Home Affairs, Minister for the Nauru Phosphate Royalties Trust, Minister for Police, Prisons, & Emergency Services, and Minister for Public...
were constitutionally valid. The case had been brought by members of the parliamentary Opposition. Justice John von Doussa ruled in favour of the President, stating that art.77 of the Constitution gave the President full latitude to determine whether a state of emergency should be declared.
Current justices
The current Chief Justice of Nauru is Geoffrey Eames QCQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, appointed in December 2010. The Court currently has one other judge, Justice John von Doussa, appointed in September 2010. Both were appointed by President Marcus Stephen
Marcus Stephen
Marcus Stephen was President of the Republic of Nauru from December 2007 to November 2011. In addition to the presidency, he held the offices of Minister for Home Affairs, Minister for the Nauru Phosphate Royalties Trust, Minister for Police, Prisons, & Emergency Services, and Minister for Public...
.
External links
- Selected case law of the Supreme Court, Pacific Islands Legal Information Institute
See also
- Constitution of NauruConstitution of NauruThe constitution of the Republic of Nauru was adopted following national independence on 31 January 1968.In 2007 there were political debates in progress with a view to amend aspects of the Constitution, owing to the challenge of widely acknowledged political instability...
- Law of NauruLaw of NauruNauruan law, since Nauru's independence from Australia in 1968, is derived primarily from English and Australian common law, though it also integrates indigenous customary law to a limited extent...
- Chief Justice of Nauru
- District Court of Nauru
- Family Court of Nauru
- Appellate Court of Nauru