Eleanor Finch
The number of members in a constitutional court varies from country to country. For example, the Constitutional Court of South Africa has 11 members, including the Chief Justice of South Africa and the Deputy Chief Justice. On the other hand, the Constitutional Court of Italy has 15 justices, while Germany's Constitutional Court has 16. The US Supreme Court, on the other hand, consists of nine members: one chief justice and eight associate justices.
| Characteristics | Values |
|---|---|
| Number of members | 9 in the US, 7 in Bahrain, 9 in Colombia, 16 in Germany, 15 in Italy, 11 in South Africa, 9 in Thailand, 15 in Serbia, 10 High Courts in South Africa |
| Type of members | Justices, judges, chief justices |
| Term | For life in the US, 9 years in South Africa, Colombia, Thailand, Italy, and Serbia, 12 years in Germany, 12-15 years in South Africa |
| Selection process | Appointed by the President in the US, by the king in Bahrain and Thailand, by the President, Supreme Court, and Council of State in Colombia, by the Senate from a list of nominees in Colombia, by the President in South Korea, by the President, legislature, and Supreme Court of Cassation in South Africa, by the king based on the recommendation of the Supreme Judicial Council in Bahrain, by the upper and lower houses of parliament in Germany, by the judges on the three high courts, both houses of Parliament, and the President in Italy, by the legislature, Chief Justice of the Supreme Court, and the President in South Korea |
| Minimum age | 40 in Germany and South Africa |
| Mandatory retirement age | 68 in Germany, 70 in Italy |
| Membership alteration | Power to alter the number of seats rests with Congress in the US |
| Jurisdiction | Original and appellate jurisdiction in the US, restricted to constitutional matters and issues connected with decisions on constitutional matters in South Africa |
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What You'll Learn
- Constitutional Court of South Africa: 11 members, including the Chief Justice and Deputy Chief Justice
- Constitutional Court of Thailand: 9 members, appointed by the king
- Constitutional Court of Italy: 15 justices, 5 elected by judges, 5 by Parliament, 5 by the President
- Constitutional Court of Serbia: 15 justices, renewable nine-year terms
- Constitutional Court of Bahrain: 7 justices, 1 court president, single nine-year terms
Constitutional Court of South Africa: 11 members, including the Chief Justice and Deputy Chief Justice
The Constitutional Court of South Africa 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, including issues connected with decisions on constitutional matters. The Court's jurisdiction is restricted to these matters, and it makes the final decision on whether a matter is constitutional.
The Court has 11 members, including the Chief Justice and Deputy Chief Justice. Members serve a non-renewable term of 12 to 15 years. When there is a vacancy, the Judicial Services Commission calls for nominations and holds public interviews. The Commission provides the President with a list of nominees, and the President appoints new members after consultation with the Chief Justice and National Assembly leadership.
In ordinary practice, all 11 judges hear every case. If any judge is absent for a long period or a vacancy arises, an acting judge may be appointed. The Court does not hear evidence or question witnesses but considers the record of evidence heard in the original court. Hearings are intended to tackle difficult issues raised by written arguments presented to the Court. Each judge sitting in a case must indicate their decision, and the ruling is then determined by majority vote.
The Constitutional Court is independent and subject only to the Constitution and the law. It is identified in Section 166 of the Constitution, which defines the role of each court.
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Constitutional Court of Thailand: 9 members, appointed by the king
The Constitutional Court of Thailand is an independent court established by the 1997 Constitution, which was replaced by the 2006 Constitution, and then again by the 2007 Constitution. The Court's purpose is to safeguard the supremacy of the Constitution and protect the rights and liberties of the people. It exercises jurisdiction over the constitutionality of royal decrees, acts of parliament, appointments and terminations of public officials, and all the concerns of political parties.
The Constitutional Court consists of nine members, all appointed by the King with senatorial advice. The nine members include:
- Three Supreme Court of Justice (SCJ) judges, selected by the SCJ Plenum through secret ballot
- Two Supreme Administrative Court (SAC) judges, selected by the SAC Plenum through secret ballot
- Two law experts, approved by the Senate and selected by a special panel
- Two political science experts, approved by the Senate and selected by the same special panel as above
The decisions of the Constitutional Court are final and binding on all government organs, including the National Assembly and the Council of Ministers. The Court has made several significant decisions, including on the validity of resolutions or regulations of political parties and the termination of prime ministers.
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Constitutional Court of Italy: 15 justices, 5 elected by judges, 5 by Parliament, 5 by the President
The Constitutional Court of Italy, or Consulta, is the country's highest court in matters of constitutional law. It was established by the Italian Constitution in 1948 but only became operative in 1955. The Court is composed of 15 judges, who are appointed for a term of nine years. The judges are appointed by three different bodies in equal numbers: five by the President of Italy, five by the Parliament of Italy, and five by the ordinary and administrative supreme courts.
The President of the Court is elected by the members of the Court in a secret ballot. The President has the same authority as the other judges in the decision-making process, except that they can cast a tie-breaking vote. They also represent the Court officially and supervise its administrative activities.
The Constitutional Court is tasked with passing judgement on controversies regarding the constitutional legitimacy of laws issued by the State and Regions. When the Court declares a law unconstitutional, it ceases to have effect the day after the ruling is published. The Court also resolves conflicts involving the allocation of powers between the State and Regions and passes judgement on charges brought against the President of the Republic, such as high treason and attacks on the Constitution.
The Court's first public hearing was held on April 23, 1956, and was presided over by its first President, Enrico De Nicola. The hearing concerned the constitutionality of a 1931 law on public security, which required police authorization for distributing leaflets or putting up posters. The Court ruled that this law was incompatible with Article 21 of the Constitution, which guarantees freedom of expression.
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Constitutional Court of Serbia: 15 justices, renewable nine-year terms
The Constitutional Court of Serbia is made up of 15 justices, who serve renewable nine-year terms. This is similar to the Constitutional Court of Italy, which also has 15 justices serving single nine-year terms. In contrast, the Constitutional Court of South Africa has 11 members, including the Chief Justice and Deputy Chief Justice of South Africa. The members of the South African Constitutional Court serve non-renewable 12 to 15-year terms.
The process of selecting justices for the Constitutional Court of Serbia is not mentioned in the sources. However, the sources do describe the selection process for other countries' constitutional courts. For example, in South Africa, when there is a vacancy, the Judicial Services Commission calls for nominations and conducts public interviews. The Commission then provides the President with a list of nominees, with at least three more names than there are vacancies. The President appoints new members after consulting with the Chief Justice and the National Assembly leadership.
In Thailand, the king formally appoints the nine members of the Constitutional Court to a single nine-year term. The members of the Constitutional Court of Bahrain also serve a single nine-year term. They are appointed by the king based on the recommendations of the Supreme Judicial Council, which is chaired by the king and composed of judges from various courts.
The length of terms and the number of justices on a constitutional court vary from country to country. For example, Germany's Constitutional Court has 16 justices elected to a single 12-year term, with a required minimum age of 40 and a mandatory retirement age of 68.
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Constitutional Court of Bahrain: 7 justices, 1 court president, single nine-year terms
The Constitutional Court of Bahrain consists of seven justices and a court president, all of whom serve a single nine-year term. The members of the court are appointed by the king, based on recommendations from the Supreme Judicial Council. This council is responsible for court administration and the selection of judges and prosecutors. It is chaired by the king and includes judges from the Court of Cassation, Sharia Law Courts, and the High Court of Appeal.
The Constitutional Court of Bahrain is responsible for interpreting and protecting the country's constitution, ensuring that the government's actions align with it. Each of the justices and the court president plays a crucial role in upholding the country's constitutional framework and resolving disputes related to constitutional matters.
The single nine-year term for each member of the Constitutional Court of Bahrain is designed to ensure stability and consistency in the interpretation and application of the country's constitution. It allows for a sufficient period for justices to thoroughly understand and apply constitutional principles while also providing regular opportunities for new members to be appointed, bringing fresh perspectives and legal interpretations.
The appointment process, led by the king and the Supreme Judicial Council, aims to select individuals with exceptional legal expertise, a deep understanding of constitutional law, and a strong commitment to impartiality. The court's composition, with seven justices and a court president, is intended to facilitate thorough deliberations and balanced decision-making in complex constitutional cases.
The Constitutional Court of Bahrain, through its structure and the tenure of its members, plays a vital role in safeguarding the nation's constitutional integrity and interpreting the fundamental laws that govern the country. The single nine-year terms of the justices and court president contribute to the court's effectiveness and independence in carrying out its constitutional responsibilities.
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Frequently asked questions
The Constitutional Court of South Africa has 11 members, including the Chief Justice of South Africa and the Deputy Chief Justice.
The Constitutional Court of Italy has 15 justices.
The king of Thailand formally appoints the nine members of the Constitutional Court.
