Eleanor Finch
The emergence of constitutional courts has been regarded as one of the most typical features of Continental constitutionalism. In most countries, the constitutional courts emerged long after the supreme courts had already established their authority. The Supreme Court of the United States, for instance, is considered the world's oldest constitutional court. It is the highest court in the land and has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. On the other hand, constitutional courts are typically established to hear cases concerning the constitutionality of the national legislature's acts. For example, the Bavarian Constitutional Court is the state constitutional court for the Free State of Bavaria and has the power of judicial review to examine the compatibility of state laws with the state constitution.
| Characteristics | Values |
|---|---|
| Number of Courts | There are at least two parallel supreme courts in almost all civil law countries. |
| Emergence | The emergence of a separate constitutional court is a typical feature of Continental constitutionalism. |
| Authority | The Supreme Court is the highest court in the land and is the court of last resort. |
| Jurisdiction | The Supreme Court has original and appellate jurisdiction. |
| Judicial Review | The Supreme Court has the power of judicial review. |
| Constitutional Matters | The Constitutional Court may decide only on constitutional matters and issues connected with decisions on constitutional matters. |
| Binding Decisions | The decisions of the Supreme Court are binding on all lesser courts. |
| Number of Justices | There is one Chief Justice and eight Associate Justices of the United States Supreme Court. |
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What You'll Learn
The Supreme Court of the United States is the world's oldest constitutional court
The Supreme Court of the United States, also known as SCOTUS, is considered the world's oldest constitutional court. It is the highest court in the federal judiciary of the United States and plays a crucial role in the country's constitutional system of government. The Supreme Court consists of nine members: one chief justice and eight associate justices. The size of the court has varied over time, ranging from as few as five to as many as ten justices.
The Supreme Court's powers are established by the United States Constitution, particularly Article III, which vests the federal judiciary power in "one supreme Court". The Constitution, however, does not specify the exact powers or organisation of the court, leaving these details to be determined by Congress. The Judiciary Act of 1789 was the first exercise of this power, establishing a six-justice Supreme Court and the lower federal court system.
One of the most significant powers of the Supreme Court is its ability to conduct judicial review, or the power to declare a legislative or executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority over acts of Congress. The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction over almost any case involving constitutional or federal law.
The Supreme Court's role extends beyond adjudicating cases. It also interprets the Constitution and determines when a right is protected or violated. This power has been criticised for contributing to polarisation in the United States, as the Court's decisions can unilaterally strike down legislation passed by other politically accountable branches. Additionally, the United States Constitution is challenging to amend, further emphasising the Court's influence.
In summary, the Supreme Court of the United States is recognised as the world's oldest constitutional court due to its early establishment and its enduring role as the highest judicial authority in the country. Its decisions shape the interpretation of constitutional rights and have a profound impact on the nation's legal and political landscape.
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The Austrian System: a separate constitutional court
The Austrian System refers to a separate constitutional court that only hears cases concerning the constitutionality of the national legislature's acts. The Austrian Constitutional Court, established in 1920, was the first of its kind. It is composed of a President, a Vice-President, twelve members, and six deputy members, all of whom are appointed by the Federal President. The Austrian Constitutional Court has several functions, including ensuring that all Austrian legislation conforms to the constitution and verifying the constitutionality of statutes, the legality of ordinances, and other secondary legislation.
The Austrian System stands out due to its emphasis on judicial independence and pluralism on the bench. The framers of the 1920 constitution did not want the Court to primarily consist of professional judges; instead, they sought a diverse range of professionals, including attorneys, professors, and civil servants. This approach has influenced the design of constitutional courts in other countries, ensuring their independence from political actors and promoting a wide range of perspectives.
The Austrian Constitutional Court plays a crucial role in safeguarding fundamental rights and freedoms. It has the authority to scrutinize laws and regulations and determine whether they comply with the Constitution. When a law is found to be unconstitutional, the Court can set it aside, effectively supervising and correcting the legislative activity of the National Council.
In addition to its role in legislative review, the Austrian Constitutional Court also decides on matters such as election complaints, holding elected officials accountable for their conduct, and adjudicating on liability claims against the Austrian government and its bureaucracy. The Court's interpretations of laws significantly influence how they are understood and applied in practice, sometimes resembling the impact of a new Act of Parliament.
The Austrian System, with its dedicated constitutional court, has been adopted by various countries, including Liechtenstein, Greece, Spain, and Germany. Each country's constitutional court may have unique features, but they share the core principle of maintaining a separate judicial body focused on upholding the constitution and protecting fundamental rights.
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The Constitution establishes the Supreme Court
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly stated in the Constitution but was established in the case of Marbury v. Madison in 1803. The Supreme Court has the final say on whether a right is protected by the Constitution or when a Constitutional right is violated. As such, it plays a crucial role in ensuring that each branch of the government recognizes its own power limits.
The concept of a constitutional court, or a court dedicated to reviewing the constitutionality of legislative acts, first emerged in the early 20th century. The 1920 Constitution of Czechoslovakia was the first to provide for a dedicated court for judicial review, and this idea, known as the Austrian System, was subsequently adopted by many other countries. The Supreme Court of the United States, established by the Constitution, is considered the world's oldest constitutional court due to its early exercise of judicial review in the Marbury v. Madison case.
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Supreme Court's power of judicial review
A constitutional court is a dedicated court for the judicial review of parliamentary laws. The Supreme Court of the United States is often regarded as the world's oldest constitutional court, as it was one of the first to invalidate a law as unconstitutional.
The Supreme Court's power of judicial review is the authority to evaluate the constitutionality of legislative and executive actions. This means that the Court can determine whether laws passed by Congress or actions taken by the President are in line with the U.S. Constitution. The Supreme Court's power of judicial review allows it to declare laws made by the other branches of government as unconstitutional.
The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution, but it was established through precedent in the landmark case of Marbury v. Madison in 1803. In this case, Chief Justice John Marshall asserted that it is the duty of the judicial branch to interpret the law and ensure that no law stands that contradicts the Constitution. The Court's power of judicial review allows it to invalidate laws or executive actions that are unconstitutional, but it cannot overrule the Bill of Rights.
The Supreme Court's power of judicial review is an essential function of the United States' judicial system, allowing it to interpret the Constitution and overrule certain governmental actions when they are deemed unconstitutional. The Court's power of judicial review is exercised with caution, making it a vital yet infrequent mechanism in U.S. law. It is used sparingly, with only a small percentage of laws being struck down over the Court's history.
The Supreme Court's ability to invalidate laws is a profound power, but one that is carefully wielded. It serves to maintain checks and balances within the government, ensuring that no law contradicts the Constitution. This power allows the judiciary to act as a guardian of the Constitution, preventing the legislative and executive branches from overstepping their powers.
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Conflict between constitutional and supreme courts
A constitutional court is a dedicated court for the judicial review of parliamentary laws. The Supreme Court of the United States is often regarded as the world's oldest constitutional court, as it was one of the first to invalidate a law as unconstitutional.
However, the two are not always the same. Some countries, like those that adopted the Austrian System, have separate constitutional courts, while others delegate constitutional authority to their ordinary court system, with the final decision-making power resting in the supreme ordinary court. For example, several republics of Russia had their own constitutional courts before 2020, but they were disestablished by constitutional amendments that year.
The Supreme Court of the United States has established its authority to strike down state laws found to be in violation of the Constitution. This power of judicial review ensures that each branch of the government recognizes the limits of its power.
While the Supreme Court is the highest court in the land, conflicts between constitutional and supreme courts can arise due to differences in jurisdiction and the interpretation of constitutional law. For instance, in the United States, the Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, while it has appellate jurisdiction on almost any other case that involves a point of constitutional or federal law.
The expansion of jurisdiction through liberal court interpretation has also led to conflicts, as seen in cases where prisoners have taken advantage of new constitutional decisions that were retroactive, leading to increased filings in federal courts and exacerbating tensions with state judges and law enforcement officials.
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Frequently asked questions
A constitutional court is a separate court that only hears cases concerning the constitutionality of a national legislature's acts.
A supreme court is the highest court in the land and acts as a court of last resort for those seeking justice.
No, they are not the same. While both courts deal with matters of constitutional law, they have different functions and powers. In most countries, the constitutional court emerged long after the supreme court and has to find its place within the existing judicial structures.
