Malcolm Rivera
The Supreme Court is the highest court in the land, serving as the court of last resort for those seeking justice. It plays a crucial role in the constitutional system of government by ensuring that each branch of government respects its limits and safeguarding civil rights and liberties. The Supreme Court's decisions have a significant impact on society, and it has the authority to interpret the Constitution and strike down laws that conflict with it. In some countries, such as the United States, the Supreme Court has both original and appellate jurisdiction, while other countries have separate constitutional courts or supreme courts for each member state. The Constitutional Court, on the other hand, deals solely with constitutional matters and issues connected to constitutional interpretation, serving as an important source of law.
| Characteristics | Values |
|---|---|
| Nature of the Court | The Constitutional Court deals with constitutional matters and issues connected with decisions on constitutional matters. |
| Jurisdiction | The Constitutional Court has jurisdiction over matters of constitutional importance and can hear appeals from lower courts. |
| Binding Decisions | Decisions of the Constitutional Court are binding on all lesser courts. |
| Number of Judges | The Constitutional Court typically requires a quorum of at least eight judges, but all 11 judges hear every case. |
| Right to Appeal | There is no automatic right to appeal to the Constitutional Court. The Court decides whether to grant leave to appeal. |
| Appellate Jurisdiction | The Constitutional Court can hear appeals on almost any case involving a point of constitutional law. |
| Original Jurisdiction | The Constitutional Court has original jurisdiction over certain cases, such as disputes between states or disputes involving ambassadors. |
| Nature of Proceedings | The Constitutional Court does not hear evidence or question witnesses but relies on written submissions from parties. |
| Appointment of Judges | Judges are appointed by a relevant authority, such as the President or the Chief Justice. |
| Federal vs State Law | In federal systems, the federal supreme court has jurisdiction over state supreme courts, except in matters where federal law does not extend. |
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What You'll Learn
The Supreme Court's role in the US
The Supreme Court of the United States is the highest court in the country and is the court of last resort for those seeking justice. The Court's role is established by Article III, Section I of the US Constitution, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Supreme Court plays a crucial role in the US constitutional system of government. It has the power of judicial review, ensuring that each branch of government recognizes its own limits and does not overstep its authority. The Court also protects civil rights and liberties by striking down laws that violate the Constitution. For example, in the 2014 case of National Labor Relations Board v. Noel Canning, the Court limited the president's power to make recess appointments, including appointments to the Supreme Court itself.
Additionally, the Supreme Court ensures that the majority's changing views do not undermine fundamental American values such as freedom of speech, freedom of religion, and due process of law. The Court's decisions have a significant impact on society, affecting not just lawyers and judges but also the general public, including high school students.
The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction and can choose to hear almost any case on appeal that involves a point of constitutional or federal law. On average, the Court receives about 7,000 petitions for writs of certiorari each year but only grants around 80.
The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. This independence from political branches is designed to protect the judiciary's autonomy.
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The Constitutional Court's role in South Africa
The Constitutional Court of South Africa is the country's highest court on constitutional matters. It was established by the Interim Constitution of 1993 and its first session was held in February 1995. The Court has continued to exist under the Constitution of 1996.
The Court's role is to interpret, protect, and enforce the Constitution. It can decide on the constitutionality of any parliamentary or provincial Bill, as well as any amendment to the Constitution. The Court also decides on disputes between organs of state concerning constitutional status, powers, or functions.
The Constitutional Court is made up of eleven judges who are appointed by the President of South Africa from a list drawn up by the Judicial Service Commission. The judges serve for a term of twelve years and the Court is headed by the Chief Justice of South Africa and the Deputy Chief Justice. In practice, all eleven judges hear almost every case, though a quorum of eight judges is required. Decisions are reached by a majority and written reasons are given.
The Court may be approached on appeal if the High Court rules against an application. However, because the Court may only hear constitutional matters, an applicant must show that the case concerns a constitutional issue. There is no automatic right of appeal. If the Court decides to grant leave to appeal, the case is set down on a certain date so that arguments from the parties can be heard.
The Constitutional Court also has the power to condone non-compliance with the rules, including deadlines, in appropriate cases.
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The Supreme Court's jurisdiction
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, including suits between two or more states, cases involving ambassadors, other public ministers and consuls, and those in which a state shall be a party.
The Supreme Court's appellate jurisdiction consists of appeals from federal courts of appeal, the United States Court of Appeals for the Armed Forces, the Supreme Court of Puerto Rico, the Supreme Court of the Virgin Islands, the District of Columbia Court of Appeals, and final judgments or decrees rendered by the highest court of a state.
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 Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
The Supreme Court also has the power to consider appeals from state courts, rather than just federal courts. This power was created by the Judiciary Act of 1789 and upheld by its rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The Supreme Court is the only federal court that has jurisdiction over direct appeals from state court decisions.
In South Africa, the Constitutional Court is the highest court in all constitutional matters and makes the final decision on whether a matter is a constitutional matter. The Constitutional Court may be approached on appeal if the High Court rules against an application.
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The Constitutional Court's jurisdiction
The Constitutional Court is South Africa's highest court on constitutional matters. Its jurisdiction is restricted to constitutional matters and issues connected with decisions on constitutional matters.
The Constitutional Court is the highest court in the country when it comes to the interpretation, protection, and enforcement of the Constitution. It deals exclusively with constitutional matters—those cases that raise questions about the application or interpretation of the Constitution.
The Constitutional Court has exclusive jurisdiction in deciding disputes about the powers and constitutional status of branches of government. Only the Constitutional Court may decide disputes between organs of state concerning the constitutional status, powers, or functions of any of those organs of state; decide on the constitutionality of any parliamentary or provincial Bill; decide on the constitutionality of any amendment to the Constitution; and decide that parliament or the president has failed to fulfil a constitutional obligation.
The Constitutional Court may be approached on appeal if the High Court rules against an application. Since the Court may only hear constitutional matters, an applicant must show that the case concerns a constitutional matter. The Constitutional Court judges will decide if an important principle relating to the interpretation of the Constitution has been raised and will consider whether there is a reasonable prospect that the appeal may succeed.
Section 167 of the Constitution allows a person, "when it is in the interests of justice and with leave of the Constitutional Court", to bring a matter directly to the Constitutional Court or to appeal directly to the Constitutional Court from any other court.
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The Supreme Court's authority
The authority of the Supreme Court varies across different nations. In the United States, the Supreme Court is the highest court in the land, and its authority is established by Article III, Section II of the Constitution. The Court has original jurisdiction over certain cases, such as disputes between states or cases involving ambassadors, and appellate jurisdiction over almost all other cases that involve constitutional or federal law. The Supreme Court plays a crucial role in the constitutional system of government, acting as the final arbiter of justice, ensuring that each branch of government respects its limits, protecting civil rights and liberties, and setting limits on democratic government to safeguard minority rights.
In other countries, such as Canada, the supreme court may have general jurisdiction, allowing it to decide on any question of law. Federations like the United States may have both a federal supreme court and supreme courts for each member state, with the federal court having jurisdiction over matters where federal law supersedes state law. For example, each U.S. state has its own supreme court, which is the highest authority for interpreting that state's laws and administering its judiciary.
In the United Kingdom, the Supreme Court serves as the highest court for criminal and civil matters in England, Wales, and Northern Ireland, and for civil matters in Scotland. It was established by the Constitutional Reform Act of 2005, assuming the judicial functions previously held by the House of Lords.
The Republic of Ireland also has a Supreme Court, which is the highest court in the country. It holds the authority to interpret the constitution and strike down any laws or state actions deemed unconstitutional. The Irish Supreme Court consists of a Chief Justice and seven other judges, who are appointed by the President based on the advice of the government.
In some jurisdictions, there may be a separate constitutional court or other judicial body in addition to the supreme court. For example, South Africa has both a Supreme Court of Appeal and a Constitutional Court. The Constitutional Court deals with matters directly related to the interpretation of the Constitution and can be approached on appeal if the High Court rules against an application.
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Frequently asked questions
The Constitutional Court is a judicial or quasi-judicial body that deals solely with constitutional matters and issues connected to decisions on constitutional matters.
The Supreme Court is the highest court in the land and the court of last resort for those seeking justice. It interprets the constitution and strikes down laws and activities of the state that are deemed unconstitutional.
The Constitutional Court deals exclusively with constitutional matters, while the Supreme Court has jurisdiction over a wider range of cases, including those involving the interpretation of state law and the administration of state judiciaries.
Yes, if the High Court rules against an application, the Constitutional Court may be approached on appeal. However, the applicant must show that the case concerns a constitutional matter and there is no automatic right of appeal.
No, the Constitutional Court does not have jurisdiction over appeals from the Supreme Court. The Supreme Court is the highest court and the final arbiter of justice. While the Supreme Court may hear appeals from lower courts, it is not obligated to do so unless the case has national significance or precedential value.
