Omar Bennett
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms. The structure of constitutional court systems varies across different countries. For example, the US Supreme Court is the highest court in the United States, with 13 appellate courts sitting below it, whereas South Africa's highest court on constitutional matters is the Constitutional Court, followed by the Supreme Court of Appeal, the High Courts, and the Magistrates' Courts. Some countries, like Germany, have separate state constitutional courts, while others, like Austria, have a dedicated constitutional court for judicial review of parliamentary laws.
| Characteristics | Values |
|---|---|
| Number of Supreme Court justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Jurisdiction of Supreme Court | Original jurisdiction over certain cases, e.g., suits between states or cases involving ambassadors |
| Appellate jurisdiction on almost any other case involving constitutional or federal law | |
| Power of Supreme Court | Judicial review, i.e., the ability to declare a Legislative or Executive act in violation of the Constitution |
| Protects civil rights and liberties by striking down laws that violate the Constitution | |
| Sets limits on democratic government to ensure majority cannot pass laws that harm minorities | |
| Ensures each branch of government recognizes limits of its power | |
| Constitutional Court | Deals exclusively with constitutional matters |
| Judges decide if an important principle relating to interpretation of Constitution has been raised | |
| No automatic right of appeal | |
| Requires a quorum of at least 8 judges to hear a case, though all 11 judges typically hear every case | |
| Does not hear evidence or question witnesses | |
| Individuals may have access in human rights cases | |
| Appellate Court | Determines whether the law was correctly applied in the trial court or federal administrative agency |
| District Court | Resolves disputes by determining facts and applying the law to those facts |
| Bankruptcy Court | Helps people and businesses unable to pay debts get a "fresh start" |
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What You'll Learn
The role of the Supreme Court
The Supreme Court is the highest court in the United States. It plays a crucial role in the constitutional system of government. As the court of last resort, it is an essential pillar of the constitutional system of checks and balances. The Supreme Court's powers and responsibilities include:
Judicial Review
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in Marbury v. Madison (1803). The Court ruled that an Act of Congress contrary to the Constitution could not stand, as Article VI of the Constitution establishes it as the supreme law of the land.
Interpreting the Constitution
The Supreme Court interprets the Constitution, ensuring that the legislative and executive branches of government recognise their limits. This includes striking down laws that violate the Constitution and protecting civil rights and liberties.
Setting Limits on Democratic Government
The Supreme Court ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. It safeguards fundamental values such as freedom of speech, freedom of religion, and due process of law.
Jurisdiction
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It has appellate jurisdiction over almost any other case involving constitutional or federal law, including cases where the United States is a party or those involving treaties.
Impact of Decisions
The decisions of the Supreme Court have far-reaching implications, affecting not just lawyers and judges but also society at large.
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Federal and state courts
The structure of the constitutional court system varies across different countries. In the United States, the judicial branch of the government operates within a constitutional system of "checks and balances", where each of the three branches—legislative, executive, and judicial—is formally separate but often requires cooperation with the other branches.
The US Supreme Court, established by Article III of the US Constitution, is the highest court in the country and acts as the court of last resort. It has the power of judicial review, which allows it to determine the constitutionality of federal laws and resolve cases involving federal laws. The Supreme Court consists of one Chief Justice and eight Associate Justices.
Below the Supreme Court are 13 appellate courts, also known as the US Courts of Appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. There are also 94 district or trial courts, known as US District Courts, which resolve disputes by determining the facts and applying the law to those facts. Additionally, there are 90 US Bankruptcy Courts that assist individuals and businesses facing insolvency.
The US Court of Appeals for the Armed Forces and the US Tax Court are other examples of federal courts. Federal laws are passed by Congress and signed by the President, and judges depend on the executive branch for the enforcement of court decisions.
State courts, on the other hand, handle cases that fall under their respective state's jurisdiction. For example, the Constitutional Court of Berlin in Germany is the constitutional court for the city-state of Berlin and has the power of judicial review, allowing it to review electoral complaints and cases concerning referendums and popular initiatives.
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Constitutional courts
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e., whether they conflict with constitutionally established rules, rights, and freedoms. The concept of constitutional courts gained prominence after World War II and is based on the Austrian model developed by Hans Kelsen. This model, known as the Austrian System, involves a separate special constitutional court that exclusively hears cases concerning the constitutionality of the national legislature's acts.
The United States Supreme Court, established by Article III of the U.S. Constitution, is not technically a constitutional court. However, it shares similarities with specialized constitutional courts in its focus on cases with constitutional implications and its power of judicial review. The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. It serves as the final arbiter of justice, ensuring that each branch of government recognizes its limits and protecting civil rights and liberties by striking down laws that violate the Constitution.
Some countries, like South Africa, have a dedicated Constitutional Court as the highest authority on constitutional matters. The South African Constitutional Court's jurisdiction is restricted to interpreting, protecting, and enforcing the Constitution, with the Supreme Court of Appeal handling all other matters. The Constitutional Court decides on the importance of principles related to constitutional interpretation and considers the prospects of a successful appeal.
Other countries with separate constitutional courts include Austria, which established the first dedicated constitutional court in 1919, Germany, with constitutional courts in Berlin, Baden-Württemberg, and Bavaria, and Russia, which has constitutional courts in several republics, known as charter courts.
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Judicial review
The power of judicial review allows courts to strike down laws or acts that violate the constitution, protecting the fundamental rights and freedoms guaranteed by the constitution. This review process is not limited to national laws but also extends to state or regional laws, ensuring their compatibility with both national and state constitutions. For example, the Constitutional Court of Berlin in Germany has the authority to review state laws within its jurisdiction.
The establishment of dedicated constitutional courts for judicial review began with the Constitutional Court of Austria in 1919, followed by the First Czechoslovak Republic in 1920. This model, known as the Austrian System, has been adopted by various countries. However, some nations, like the United States, Canada, and Australia, adopted the concept of judicial review by their ordinary courts before the emergence of dedicated constitutional courts.
The role of judicial review in constitutional court systems is not universal, as some democratic countries expressly exclude it or have introduced only modest forms of judicial control. For instance, Great Britain's 1998 Human Rights Act provides a limited form of judicial control over Parliament. On the other hand, countries like Israel have empowered their Supreme Courts to develop general principles, such as human dignity, to exert control over lawmakers.
The process of judicial review varies across constitutional court systems. For example, in South Africa, the Constitutional Court decides on important principles related to the interpretation of the Constitution and considers the reasonable prospect of an appeal's success. Direct access to the Constitutional Court is permitted under specific circumstances, as outlined in Section 167 of their Constitution.
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Checks and balances
Constitutional courts are an integral part of a country's judicial system, providing a mechanism for checks and balances on governmental power. They are specialised courts with the primary authority to interpret and enforce the constitution, ensuring that the actions of the legislative and executive branches adhere to the nation's foundational document. This power of judicial review allows constitutional courts to act as a safeguard against potential overreach by the other branches of government.
The concept of constitutional courts emerged in the early 20th century, with the establishment of the First Austrian Republic's Constitutional Court in 1919. This court, influenced by the theories of Hans Kelsen, held the power to review the laws of Austria's federal states. Subsequently, this model, known as the Austrian System, was adopted by various countries seeking to establish a dedicated court for the judicial review of parliamentary laws.
The United States Supreme Court, established by Article III of the U.S. Constitution, is an example of a court that plays a crucial role in the country's constitutional system of checks and balances. While it is not technically a constitutional court, it shares similarities with them. The U.S. Supreme Court has the power of judicial review, enabling it to declare acts of the legislative or executive branch unconstitutional. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to interpret the Constitution as the supreme law of the land.
In South Africa, the Constitutional Court serves as the highest authority on constitutional matters. Its jurisdiction is restricted to interpreting, protecting, and enforcing the Constitution, ensuring that other branches of government respect constitutional limits. Similarly, Germany has constitutional courts at the state level, such as the Constitutional Court of Berlin, which possess the power of judicial review and can examine the compatibility of state laws with the state constitution.
The presence of constitutional courts or equivalent institutions helps maintain a balance of power within a democratic society. By providing a mechanism for judicial review and oversight, these courts ensure that legislative and executive actions align with the principles enshrined in the constitution, protecting the rights and freedoms of citizens.
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Frequently asked questions
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
The US constitutional court system consists of the Supreme Court, 13 appellate courts (also known as US courts of appeals), and 94 district or trial courts. The Supreme Court is the highest court in the US and has the power of judicial review, meaning it can declare a Legislative or Executive act in violation of the Constitution.
The structure of South Africa's court system is set out in Chapter 8 of the final Constitution. The Constitutional Court is the highest court in the country for constitutional matters, followed by the Supreme Court of Appeal, the High Courts, and the Magistrates' Courts.
The Austrian System refers to the idea of having a separate special constitutional court that only hears cases concerning the constitutionality of the national legislature's acts. This system was first implemented in the First Austrian Republic in 1919 and has since been adopted by many other countries.
Some countries with constitutional courts include Austria, Germany, South Africa, Russia, Canada, and India. It's worth noting that not all countries have separate constitutional courts, and in some cases, constitutional judicial authority is delegated to the ordinary court system.
