Supreme court
Encyclopedia

A supreme court is the highest court
Court
A court is a form of tribunal, often a governmental 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 with the rule of law...

 within the hierarchy of many legal jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

s. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or (in South Asia) apex court. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court.

In a minority of jurisdictions, the "Supreme Court" is not in fact the highest court; examples include the Supreme Court of the State of New York, and the former Supreme Court of Judicature of England and Wales. Conversely, the "supreme court" in some jurisdictions is sometimes known by a different name; for example, 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...

.

Supreme courts typically function primarily as appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

s, hearing 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 decisions of lower trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...

s, or from intermediate-level appellate courts.

Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...

 system of government typically have both a federal supreme court (such as the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

), and supreme courts for each member state (such as the Supreme Court of Nevada
Supreme Court of Nevada
The Supreme Court of Nevada is the state supreme court of Nevada. It is the highest judicial body of the Nevada state government.There are seven Justices of the court, who are elected to six-year terms in officially nonpartisan elections. The Governor appoints Justices in the case of a vacancy...

), with the former having jurisdiction over the latter only to the extent that the federal constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 extends federal law
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 together in a federation, surrendering their individual sovereignty and many powers to the central government while...

 over state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...

; the US states of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 and Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

 also split the functions of a supreme court between separate courts for criminal and civil cases. Jurisdictions with a civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 system often have a hierarchy of administrative court
Administrative court
Greece, as a civil law country has administrative courts. The establishment of those courts can be found in article 94 of the Constitution of the Hellenic Republic 1975, as revised in 2001. The administrative courts are composed from districts Courts of First Instance, district Courts of Appeal and...

s separate from the ordinary courts, headed by a supreme administrative court
Supreme Administrative Court
A supreme administrative court is the highest court in a country with jurisdiction over lower administrative courts and the administrative decisions of the authorities, but not the legislative decisions made by the government...

. A number of jurisdictions also follow the "Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

n" model of a separate constitutional court (first developed in the Czechoslovak Constitution of 1920
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 constitution adopted on 13 November 1918.The introduction...

).

Within the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

, 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
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

's Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 (based in London). A number of Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

 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
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, the doctrine of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...

applies, whereby the principles applied by the local 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 constante
Jurisprudence constante is a legal doctrine according to which a long series of previous decisions applying a particular rule of law is very important and may be determinative in subsequent cases...

, for both itself and all lower courts.

Australia

In Australia, 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...

 became the court of last resort with the passing of the Australia Act in 1986. This act abolished the last rights of appeal to the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

. Each state and territory has its own Supreme Court
Australian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...

, which is the highest court in that state/territory. This leads to some confusion among those from other jurisdictions as the term "supreme court" seems to refer to the court of last resort. The reason that 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...

 is not named the "supreme court" is purely historical. Before the federation of the Australian colonies
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...

 as states of Australia (in 1901), each colony had its own independent judicial system with a supreme court as the highest court physically within the colony (with a right of appeal to the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

). On federation, the constitution provided for the establishment of a federal "supreme court", to be named the "High Court" which could hear appeals from the state Supreme Courts. With the exception of the Australian Capital Territory, each state's Supreme Court is divided into two divisions: the Trial Division and the Court of Appeal. Appeals from The ACT Supreme Court are heard in the High Court of Australia. The current Chief Justice of the High Court is Robert French
Robert French
Robert Shenton French, AC is Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy....

.

Bangladesh

The Supreme Court of Bangladesh
Supreme Court of Bangladesh
The Supreme Court of Bangladesh 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 Chapter I of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division...

 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 first instance. Whereas, the High Court Division is a Court of first instance in company and admiralty matters. The Supreme Court of Bangladesh is the protector and guardian of Bangladesh Constitution.

The judgements of Appellate Division of Bangladesh Supreme Court are accessible in the Chancery Law Chronicles.

Canada

In Canada
Law of Canada
The Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the United Kingdom and later a member of the Commonwealth of Nations. Quebec, however, still retains a civil system for issues of private law...

, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 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
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 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 judgements created 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. The title "Supreme" can be confusing because, for example, The Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...

 does not have the final say and controversial cases heard there often get appealed in higher courts - it is in fact one of the lower courts in such a process.

Hong Kong

In Hong Kong, the Supreme Court of Hong Kong (now known as the High Court
High Court (Hong Kong)
The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :...

) 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
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 (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
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

) can be recruited and continue to serve in the judiciary
Judiciary of Hong Kong
The Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong. It hears all prosecutions and civil disputes, including disputes between individuals and the government. It is fundamental to Hong Kong’s legal system that members of the judiciary are independent of the...

 according to Article 92 of the Basic Law. On the other hand, the power of interpretation of the Basic Law itself, being a national law, is vested in the Standing Committee of the National People's Congress
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...

 (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
Right of abode issue, Hong Kong
The right of abode in Hong Kong is the right to legally reside in Hong Kong and was governed by rules both under British and Chinese administration. As the People's Republic of China stood to resume sovereignty over Hong Kong in 1997, the nationality of Hong Kongers as well as their right of abode...

 in 1999, raising concerns for judicial independence.

India

In India, the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...

 was created on January 28, 1950 after the adoption of the Constitution
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...

.
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.

With reference to the State of Jammu and Kashmir (J&K) it would be relevant to note that, J&K has for various historical reasons a special status vis-a-vis the other states of India. Article 370 of the Constitution of India carves out certain exceptions for J&K. The Constitution of India is not fully applicable to the state of J&K. This is the effect of Article 370. The Constitution of India is applicable to the state of J&K with various modifications and exceptions. These are provided for in the Constitution (Application to Jammu and Kashmir) Order, 1954. Also, Jammu and Kashmir, unlike the other Indian states, also has its own Constitution. Although the Constitution of India is applicable to Jammu and Kashmir with numerous modifications, the Constitution (Application to Jammu and Kashmir) Order, 1954 makes Article 141 applicable to the state of J&K and hence law declared by Supreme Court is equally applicable to all courts of J&K including the High Court.

Ireland

The Supreme Court is the highest court in Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

. 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
Four Courts
The Four Courts in Dublin is the Republic of Ireland's main courts building. The Four Courts are the location of the Supreme Court, the High Court and the Dublin Circuit Court. The building until 2010 also formerly was the location for the Central Criminal Court.-Gandon's Building:Work based on...

 in Dublin.

Israel

Israel's Supreme Court
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...

 (Hebrew: בית המשפט העליון, Beit haMishpat ha'Elyon) is at the head of the court system in the State of Israel. It is the highest judicial instance. The Supreme Court sits in Jerusalem. 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
Trial de novo
In law, the expression trial de novo means a "new trial" by a different tribunal...

" (a retrial).

Nauru

In Nauru
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...

, there is no single highest court for all types of cases. The Supreme Court
Supreme Court of Nauru
The Supreme Court of Nauru is the highest judicial court of the Republic of Nauru.-Constitutional establishment:It is established by part V of the Constitution, adopted upon Nauru's independence from Australia in 1968. Art. 48 of the Constitution establishes the Supreme Court as "a superior court...

 has final jurisdiction on constitutional
Constitution 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...

 matters, but any other case may be appealed further to the Appellate Court. In addition, an agreement between Nauru and 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 1976 provides 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 the notable exception of constitutional cases.

New Zealand

In New Zealand
Law of New Zealand
The law of New Zealand can be found in several sources. The primary sources of New Zealand law are statutes enacted by the New Zealand Parliament and decisions of the New Zealand Courts. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary...

, the right of appeal to the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 has recently been abolished following the passing of the Supreme Court Act (2003). The new Supreme Court of New Zealand
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...

 was officially established at the beginning of 2004, although it did not come into operation until July. In September 2006, a new design for a dedicated Supreme Court building was announced, with was completed in 2009. The High Court of New Zealand
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....

 was until 1980 known as the Supreme Court.

Pakistan

The Supreme Court
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...

 has been the apex court for Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

 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
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

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 territories (i.e. FATA, Azad Kashmir, Northern Areas and Islamabad Capital Territory (ICT)) the Supreme Court's jurisdiction is rather limited and varies from territory to territory; it can hear appeals only of a constitutional nature from FATA and Northern Areas, while ICT generally functions the same as provinces. 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
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...

 was established by the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...

 with effect from 1 October 2009 and assumed the judicial functions of the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...

, which include final appellate jurisdiction in civil cases throughout the UK, and in criminal cases in Northern Ireland, England and Wales. In the United Kingdom
Law of the United Kingdom
The United Kingdom has three legal systems. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law...

, there are separate legislatures with limited devolved powers over Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...

, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

: devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...

 issues under the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

, Government of Wales Act
Government of Wales Act 1998
This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998 This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998...

 and Northern Ireland Act
Northern Ireland Act 1998
The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland, the Northern Ireland Assembly, after decades of direct rule from Westminster....

 were transferred from the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 to the new Supreme Court by the Constitutional Reform Act.

In respect of Community Law the Supreme Court is subject to the decisions of the European Court of Justice. Since there can be no appeal from the Supreme Court, there is an interlocutory procedure by which the Supreme Court may refer to the European Court questions of European law which arise in cases before it, and obtain a definitive ruling before the Supreme Court gives its judgment.

The Supreme Court shares its members and accommodation at the Middlesex Guildhall with the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 which hears final appeals from certain smaller Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...

s and Colonies, admiralty cases, and certain appeals from the ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...

s and statutory private jurisdictions, such as professional and academic bodies.

(The Constitutional Reform Act renamed the rarely cited Supreme Court of Judicature for England and Wales as the Senior Courts of England and Wales).

United States

The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

, established in 1789, is the highest Federal court in the United States
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...

, with powers of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...

 first asserted in Calder v. Bull
Calder v. Bull
Calder v. Bull, 3 U.S. 386 , is a United States Supreme Court case in which the Court examined its authority to review state legislature decisions.-Background:...

(1798) in Justice Iredell's dissenting opinion. The power was later given binding authority by Justice Marshall in Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...

(1803). There are currently nine seats on the US Supreme Court.

Each U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 has a state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....

, which is the highest authority interpreting that state's law and administering that state's judiciary. Two states, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

 and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

, each have two separate highest courts that respectively specialize in criminal cases and civil cases. Although Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...

 has a specialized court, the Court of Chancery
Delaware Court of Chancery
The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court.-Jurisdiction:...

, to hear cases in equity, it is not a supreme court because the Delaware Supreme Court
Delaware Supreme Court
The Supreme Court of Delaware is the sole appellate court in the United States' state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and...

 has appellate jurisdiction over it.

The titles of state supreme court vary, which can cause confusion between jurisdictions because one state may use a name for its highest court that another uses for a lower court. In New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

, and the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 the highest court is called the Court of Appeals, a name used by many states for their intermediate appellate courts. Further, trial courts of general jurisdiction in New York are called the Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...

, and the intermediate appellate court is called the Supreme Court, Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...

. In West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...

, the highest court of the state is the Supreme Court of Appeals. In Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...

 and Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

 the highest court is styled the "Supreme Judicial Court
Supreme Judicial Court
The term Supreme Judicial Court is the shorthand name for the:*Massachusetts Supreme Judicial Court*Maine Supreme Judicial CourtIt was also once the name of the Rhode Island Supreme Court....

"; the latter is the oldest appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

 of continuous operation in the Western hemisphere.

Civil law jurisdictions

The Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...

 and the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...

 are generally held to be the historical model for civil law. From the late 18th century onwards, civil law jurisdictions
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 began to codify their laws, most of all in civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...

s.

Austria

In Austria
Law of Austria
Austria in 2008 had 141 district courts with civil jurisdiction. There were also 20 provincial courts with civil and criminal jurisdiction and four higher provincial courts with criminal jurisdiction, located in Vienna, Graz, Innsbruck, and Linz...

, the Austrian Constitution
Constitution of Austria
The Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts...

 of 1920 (based on a draft by Hans Kelsen) introduced judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...

 of legislative acts for their constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...

. 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.
Other than that, administrative acts are reviewed by the Administrative Court (Verwaltungsgerichtshof). The Supreme Court (Oberste Gerichtshof (OGH)), stands at the top of Austria's system of "ordinary courts" (ordentliche Gerichte) as the final instance in issues of private law
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 or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...

 and criminal law
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...

.

Brazil

In Brazil, the Supreme Federal Tribunal
Supreme Federal Tribunal
The Supreme Federal Court is the supreme court of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed...

 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. It also judges, in original jurisdiction
Original 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:...

, cases involving members of congress
National Congress of Brazil
The National Congress of Brazil is the legislative body of Brazil's federal government.Unlike regional legislative bodies – Legislative Assemblies and City Councils -, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies .The Senate represents the 26 states and...

, senators, ministers of state, members of the Court and the President
President of Brazil
The president of Brazil is both the head of state and head of government of the Federative Republic of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces...

 and Vice-President of the Republic
Vice-President of Brazil
The Vice President of Brazil is the second-highest ranking government official in the executive branch of the Government of Brazil after the President...

. The Superior Justice Tribunal grants writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...

s of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...

 for civil law
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 or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...

 and criminal law
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...

 cases. The Superior Labour Tribunal reviews cases involving labour law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...

. The Superior Electoral Tribunal is the court of last resort of electoral law, and also oversees general elections
Elections in Brazil
Brazil elects on the national level a head of state – the president – and a legislature. The president is elected to a four-year term by the people. The National Congress has two chambers. The Chamber of Deputies has 513 members, elected to a four-year term by proportional...

. The Superior Military Tribunal is the highest court in matters of military law
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...

.

Republic of China

In the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...

, there are three different courts of last resort:
  • Supreme Court of the Republic of China
    Supreme Court of the Republic of China
    The Supreme Court of the Republic of China -History:In 1927, the government of the Republic of China renamed Dali Yuan to the Supreme Court...

     (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.
  • Council of Grand Justices (大法官會議): interpretation of the Constitution, interpretation of laws and regulations, dissolution of political parties in violation of the Constitution, trial of impeachments against the President
    President of the Republic of China
    The President of the Republic of China is the head of state and commander-in-chief of the Republic of China . The Republic of China was founded on January 1, 1912, to govern all of China...

     or Vice President
    Vice President of the Republic of China
    The Vice President of the Republic of China is the second-highest executive official of the Republic of China . The existing office was created in 1948 under the 1947 Constitution of the Republic of China...

    .


The Council of Grand Justices, consisting of 15 justices and mainly dealing with constitutional issues, is the counterpart of constitutional courts in some countries.

All three courts are directly under the Judicial Yuan
Judicial Yuan
The Judicial Yuan is one of five branches of the government of the Republic of China in Taiwan and serves as the highest judicial organ in Republic of China. Its Justices of the Constitutional Court , with 15 members, is charged with interpreting the Constitution...

, whose president also serves as Chief Justice in the Council of Grand Justices.

Croatia

In Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...

, the supreme jurisdiction is given to the Supreme Court
Croatian Supreme Court
The Supreme Court of the Republic of Croatia is a highest court and it ensures the uniform application of laws and equal justice to all.-Judicial system:...

, which secures a uniform application of laws. The Constitutional Court
Croatian Constitutional Court
Constitutional Court of the Republic of Croatia is the interpreter and guardian of the Croatian Constitution and considered the highest judicial authority de facto, because it can overturn Supreme Court decisions on the basis of constitutional breaches...

 exists to verify constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...

 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, all ordinary courts 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
Courts of Denmark
The Danish Supreme Court is the highest civil and criminal court responsible for the administration of justice in Denmark. The Kingdom of Denmark, consisting of Denmark, Greenland and the Faroe Islands, does not have a single unified judicial system – Denmark has one system, Greenland another, and...

 (Højesteret) which was established 14 February 1661 by king Frederik III.

France

In France
Law of France
In academic terms, French law can be divided into two main categories: private or judicial law and public law .Judicial law includes, in particular:*civil law ; and*criminal law ....

, supreme appellate jurisdiction is divided among 5 judicial bodies:
  • for judicial courts, i.e., civil or criminal
    Criminal justice
    Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...

     matters: Supreme Court Cour de cassation
    Court of Cassation (France)
    The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...

  • for administrative courts: Council of State
  • constitutional challenges of statutory laws: Constitutional Council
    Constitutional Council of France
    The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...

  • when there is jurisdictional dispute between judicial and administrative courts, the Court of Jurisdictional Disputes (Tribunal of the Conflicts), which is empanelled half from the Supreme Court and half from the Council of State (and presided over by the Minister of Justice
    Minister of Justice (France)
    The Ministry of Justice is controlled by the French Minister of Justice , a top-level cabinet position in the French government. The current Minister of Justice is Michel Mercier...

    ), is called together to settle the dispute or hands down a final decision.
  • the High Court of Justice used to judge the President of the French Republic
    President of the French Republic
    The President of the French Republic colloquially referred to in English as the President of France, is France's elected Head of State....

     in case of high treason
    High treason
    High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...

    . Since a constitutional amendment of 2007, the French Constitution now states that the members of both Parliamentary Chambers meet to form the High Court, which can impeach the president for a "breach of his duties patently incompatible with his continuing in office".

Germany

In Germany
Law of Germany
The modern German legal system is a system of law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws as for example most regulations of the civil code were developed prior to the 1949 constitution...

, there is no single supreme court.

Final interpretation of the German Constitution, the Grundgesetz, is the task of the Bundesverfassungsgericht (Federal Constitutional Court
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...

), which is the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...

highest German court as it can declare federal and state
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...

 legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

 immediately ineffective, and has the power to overrule decisions of all other federal courts despite not being a regular court of appeals in the German court system.

In civil and criminal cases, the Bundesgerichtshof 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 supreme court; these are the Bundessozialgericht for social security, the Bundesarbeitsgericht for employment and labour, the Bundesfinanzhof for taxation, and the Bundesverwaltungsgericht for administrative law. The so-called Gemeinsamer Senat der Obersten Gerichtshöfe (Joint Senate of the Supreme Courts), is not a supreme court in itself, but an ad-hoc body that is convened only in when one supreme court intends to diverge from another supreme court's legal opinion. As the courts have well-defined areas of responsibility, this situation rarely arises, and so the Joint Senate only gathers rather rarely, and only to consider matters which are mostly definitory.

The Netherlands

In the Netherlands
Law of the Netherlands
The Netherlands is a civil law country. Its laws are written and the application of customary law is exceptional. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law...

, the Supreme Court of the Netherlands is the highest. 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, which amounts to some form of de facto constitutional review. Also, the ordinary courts in the Netherlands, including the Hoge Raad, do not deal with administrative law, which is dealt with in separate administrative courts, the highest of which is the Council of State (Raad van State)

Iceland

The Supreme Court of Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...

 (Hæstiréttur) 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, where the court system has two levels.

Italy

Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 follows the French system of different supreme courts.

The Italian court of last resort for most disputes is the Corte Suprema di Cassazione
Court of Cassation (Italy)
The Supreme Court of Cassation is the major court of last resort in Italy. It has its seat in the Rome Hall of Justice.The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts...

. There is also a separate constitutional court, the Corte costituzionale
Constitutional Court of Italy
The Constitutional Court of Italy is a supreme court of Italy, the other being the Court of Cassation. Sometimes the name Consulta is used as a metonym for it, because its sessions are held in Palazzo della Consulta in Rome....

, which has a duty of judicial review, and which can strike down legislation as being in conflict with the Constitution.

Japan

In Japan, the Supreme Court of Japan
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...

 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 bylaws). 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, 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 or highest court in the territory is Court of Final Appeal (Macau)
Court of Final Appeal (Macau)
The Court of Final Appeal is the court with the final adjudication power on laws of Macau Special Administrative Region of the People's Republic of China...

.

The Philippines

While the Philippines is generally considered a civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 nation, its Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

 is heavily modelled after the American Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

. This can be attributed to the fact that the Philippines was colonized by both Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

 and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, 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
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

s. The 1987 Philippine Constitution
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

 also explicitly grants to the Supreme Court the power of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...

 over laws and executive actions. The Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

 is composed of 1 Chief Justice
Chief Justice of the Philippines
The Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...

 and 14 Associate Justices
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...

. The court sits either en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...

 or in divisions, depending on the nature of the case to be decided.

Scotland

Founded by papal bull in 1532, the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....

 is the supreme civil court of Scotland, and the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...

 is the supreme criminal court.

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 laws 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.

Sweden

In Sweden, the Supreme Court
Supreme Court of Sweden
The Supreme Court of Sweden is the supreme court and the third and final instance in all civil and criminal cases in Sweden. Before a case can be decided by the Supreme Court, leave to appeal must be obtained, and with few exceptions, leave to appeal can be granted only when the case is of...

 and the Supreme Administrative Court
Supreme Administrative Court of Sweden
The Supreme Administrative Court of Sweden is the supreme court and the third and final tier for administrative court cases in Sweden, and is located in Stockholm...

 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
Government of Sweden
The Government of the Kingdom of Sweden is the supreme executive authority of Sweden. It consists of the Prime Minister and cabinet ministers appointed by the Prime Minister. The Government is responsible for their actions to the Riksdag, which is the legislative assembly...

. 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, the Federal Supreme Court of Switzerland
Federal Supreme Court of Switzerland
The Federal Supreme Court of Switzerland is the supreme court of Switzerland. It is located in Lausanne.According to the Constitution of Switzerland, the court has jurisdiction over violations of:*federal law;*public international law;*intercantonal law;...

 is the final court of appeals. Due to Switzerland's system of direct democracy
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure 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.

Other civil law jurisdictions

  • For Honduras, see Supreme Court of Honduras
    Supreme Court of Honduras
    The Supreme Court of Honduras is the Supreme Court and Constitutional Court of Honduras. The Supreme Court is the highest judicial authority in Honduras.- Structure, power, and duties :...

    .
  • For Peru see Supreme Court of Peru
    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 in Lima.The supreme court is composed of three Supreme Sectors:...

    .
  • For Poland
    Law of Poland
    The Polish law, or legal system in Poland. has been developing since the first centuries of Polish history, over 1,000 years ago. The public and private laws of Poland are codified. The supreme law in Poland is the Constitution of Poland...

    , see Supreme Court of the Republic of Poland.
  • For Portugal
    Law of Portugal
    The Law of Portugal is the legal system that applies in Portugal. The Portuguese legal system is a civil law or continental legal system, based on Roman law...

    , see Supreme Court of Portugal.
  • For Uganda, see Supreme Court of Uganda
    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 majorly an appellate court with original jurisdiction in a few cases like Presidential election petition...

  • For Ukraine
    Law of Ukraine
    The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other...

    , see Supreme Court of Ukraine
    Supreme Court of Ukraine
    The Supreme Court of Ukraine is the highest judicial body in the system of courts of general jurisdiction in Ukraine.The Court derives its authority from the Constitution of Ukraine, but much of its structure is outlined in legislation...

    .

Sri Lanka

In Sri Lanka, the Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...

 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.

South Africa

In South Africa
Law of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans...

, the Supreme Court of Appeal
Supreme Court of Appeal of South Africa
The Supreme Court of Appeal is an appellate court in South Africa; it is the highest appeal court except in constitutional matters, which are ultimately decided by the Constitutional Court...

 (SCA) was created in 1994 and replaced the Appellate Division
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

 of the Supreme Court of South Africa as the highest court of appeal in non-constitutional matters. The SAC is subordinate to the Constitutional Court
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...

, which is the highest court in matters involving the interpretation of the Constitution
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...

.

Soviet-model jurisdictions

In most nations with constitutions modelled after the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....

, the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

 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. In the People's Republic of China
Law of the People's Republic of China
Law of the People's Republic of China is the legal regime of the People's Republic of China, with the separate legal traditions and systems of Mainland China, Hong Kong, and Macau....

, the final power to interpret the law is vested in the Standing Committee of the National People's Congress
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...

. This power includes the power to interpret the basic law
Basic Law
The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution...

s of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 and Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...

, the constitutional documents of the two special administrative regions which are 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...

 and Portuguese-based legal system 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.

See also

  • Constitutionalism
    Constitutionalism
    Constitutionalism has a variety of meanings. Most generally, it is "a complex 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"....

  • Independence of the judiciary
  • Judiciary
    Judiciary
    The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

  • List of national supreme courts
  • Separation of powers
    Separation of powers
    The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

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