Who Elects The Constitutional Court Members?

The Constitutional Court is the highest court in a country that deals exclusively with constitutional matters. The number of justices in a Constitutional Court varies from country to country. For example, the Constitutional Court of South Africa has 11 members, including the Chief Justice and Deputy Chief Justice. On the other hand, the Constitutional Court of Italy has 15 justices, while the Constitutional Court of Bahrain has seven justices and a president. The members of the Constitutional Court are typically appointed by the president or the king of the country, sometimes based on recommendations from a Supreme Judicial Council or another legislative body.

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The US Supreme Court consists of nine members

The US Supreme Court is the highest court in the land, currently consisting of nine members—one Chief Justice and eight Associate Justices. The Justices meet at the Supreme Court Building in Washington, D.C. Each Justice has a single vote in deciding the cases argued before the court. When in the majority, the Chief Justice decides who writes the court's opinion; otherwise, the most senior associate justice in the majority assigns the task of writing the opinion. Justices are chosen by the President and confirmed by the Senate. They typically hold office for life and their salaries may not be reduced while they are in office. This is to protect the independence of the judiciary from the political branches of government. Justices may be impeached by the House of Representatives and convicted by the Senate, but this is rare.

The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. It also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. The Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.

The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case. In a petition for a writ of certiorari, a party asks the Court to review its case. The Supreme Court usually only hears cases that could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.

Justices are free to change their votes on a case until the decision is finalized and published. An opinion that more than half of the justices join (at least five justices) is known as a "majority opinion" and creates binding precedent in American law. An opinion that fewer than half of the justices join is known as a "plurality opinion" and is only partially binding precedent. Justices may choose to write a separate opinion in concurrence with the court or in dissent, and these may also be joined by other justices.

One Chief Justice and eight Associate Justices

The US Supreme Court is composed of nine members: one Chief Justice and eight Associate Justices. The US Constitution does not specify the size of the Supreme Court or the specific positions of its members. However, the Constitution assumes the existence of the office of the Chief Justice, as mentioned in Article I, Section 3, Clause 6, which states that the Chief Justice must preside over impeachment trials of the President of the United States.

The power to determine the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court through the Judiciary Act of 1789. This Act created a Supreme Court consisting of a Chief Justice and five Associate Justices. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from a minimum of five to a maximum of ten.

The current composition of nine justices, including the Chief Justice and eight Associate Justices, was established shortly after the Civil War. The justices typically hold office for life, and their salaries cannot be decreased during their term. These protections are in place to safeguard the independence of the judiciary from political influence.

The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. It has the authority to interpret the Constitution and determine the constitutionality of federal laws. The Court's power of judicial review allows it to strike down legislative or executive acts that violate the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803.

The power to define the Supreme Court's size and membership is assumed to belong to Congress

The U.S. Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for the court's members. The power to define the Supreme Court's size and membership is assumed to belong to Congress, which initially established a six-member Supreme Court composed of a chief justice and five associate justices through the Judiciary Act of 1789.

Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine, which remains the current size of the Supreme Court.

Congress has always allowed less than the court's full membership to make decisions, starting with a quorum of four justices in 1789. The size of the court was first altered by the Midnight Judges Act of 1801, which would have reduced the size of the court to five members upon its next vacancy. However, the Judiciary Act of 1802 promptly negated the 1801 act, restoring the court's size to six members before any such vacancy occurred.

In addition to setting the size of the Supreme Court, Congress also determines the time and place of the Court's sessions. Congress once changed the Court's term to forestall a constitutional attack on the repeal of the Judiciary Act of 1801, resulting in the Court not convening for fourteen months.

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The Supreme Court's main authority is to rule on whether laws conflict with constitutionally established rules

The Supreme Court is the highest court in the United States, with the power to hear cases and deliver rulings. The Court consists of nine members: one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. The Court's term commences on the first Monday of October and continues until June or early July of the following year. During this time, the Court hears cases and delivers rulings during "sittings", and discusses cases and writes opinions during "recesses".

The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases.

The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes its limits and does not exceed its powers. It also protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, shaping the interpretation and application of constitutional rights and values.

The justices of the Supreme Court are bound by ethics rules that they set and enforce themselves. This lack of external checks on their behaviour has led to criticism and calls for reform. However, the Court's independence from political branches of government is also seen as a safeguard for its impartiality and integrity.

The Constitutional Court of Austria was the first dedicated constitutional court (other countries have since adopted this), with powers to decide on the constitutionality of parliamentary or provincial bills

The Austrian Constitutional Court, established in 1919, was the first dedicated constitutional court. It was set up to take over the functions of the Imperial Court and the State Court. The court consists of a President, a Vice-President, twelve members, and six deputy members. All members are appointed by the Federal President, who chooses from a list of candidates proposed by the National Council, the Federal Council, and the Federal Government.

The Austrian Constitutional Court has the power to review the constitutionality of parliamentary or provincial bills. It can also review the constitutionality of decisions made by other courts. The court can declare laws or ordinances that violate the constitution null and void. This includes reviewing the constitutionality of federal laws upon application by a provincial government.

The Austrian Constitutional Court also has the power to review the lawfulness of elections and election complaints. It can decide on the validity of some elections, such as National Council elections or the election of members of the Federal Council by the Provincial Diets. The court can also rule on violations of international law and the lawfulness of treaties.

In addition to its powers regarding elections and international law, the Austrian Constitutional Court can decide on impeachments of office-holders such as the Federal President, Federal Ministers, or Provincial Governors. The court can also rule on liability claims against the Republic, its provinces, and its municipalities.

The Austrian Constitutional Court has undergone several changes and extensions of power over the years. For example, in 1958, the Court's power to review elections was expanded to include provincial and municipal elections. In 2008, the Court was given the power to decide on petitions contesting decisions taken by the Asylum Court.

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