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A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court.
In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the Supreme Court of the State of New York and the former Supreme Court of Judicature of England and Wales. Conversely, the highest court in some jurisdictions is not named the "Supreme Court"; for example, the High Court of Australia.
Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court (such as the Supreme Court of the United States), and supreme courts for each member state (such as the Supreme Court of Nevada), with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law; the US states of Texas and Oklahoma also split the functions of a supreme court between separate courts for criminal and civil cases. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts, headed by a supreme administrative court. A number of jurisdictions also follow the "Austrian" model of a separate constitutional court (first developed in the Czechoslovak Constitution of 1920).
Within the British Empire, the highest court within a colony was often called the "Supreme Court", even though appeals could be made from that court to the United Kingdom's Privy Council (based in London). A number of Commonwealth jurisdictions retain this system, but many others have reconstituted their own highest court as a court of last resort, with the right of appeal to the Privy Council being abolished.
In jurisdictions using a common law system, the doctrine of stare decisis applies, whereby the principles applied by the local court in its decisions are binding upon all lower courts; this is intended to apply a uniform interpretation and implementation of the law. In civil law jurisdictions the doctrine of stare decisis is not generally considered to apply, so the decisions of the supreme court are not necessarily binding beyond the immediate case before it; however, in practice the decisions of the supreme court usually provide a very strong precedent, or jurisprudence constante, for both itself and all lower courts.
In Australia, the High Court of Australia became the court of last resort with the passing of the Australia Act in 1986. This act abolished the last rights of appeal to the Privy Council. Each state and territory has its own Supreme Court, which is the highest court in that state/territory. This leads to some confusion among those from other jurisdictions as the term "supreme court" seems to refer to the court of last resort. The reason that the High Court of Australia is not named the "supreme court" is purely historical. Before the federation of the Australian colonies as states of Australia (in 1901), each colony had its own independent judicial system with a supreme court as the highest court physically within the colony (with a right of appeal to the Privy Council). On federation, the constitution provided for the establishment of a federal "supreme court", to be named the "High Court" which could hear appeals from the state Supreme Courts. With the exception of the Australian Capital Territory, each state's Supreme Court is divided into two divisions: the Trial Division and the Court of Appeal. Appeals from The ACT Supreme Court are heard in the High Court of Australia. The current Chief Justice of the High Court is Robert French.
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court.
In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the Supreme Court of the State of New York and the former Supreme Court of Judicature of England and Wales. Conversely, the highest court in some jurisdictions is not named the "Supreme Court"; for example, the High Court of Australia.
Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court (such as the Supreme Court of the United States), and supreme courts for each member state (such as the Supreme Court of Nevada), with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law; the US states of Texas and Oklahoma also split the functions of a supreme court between separate courts for criminal and civil cases. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts, headed by a supreme administrative court. A number of jurisdictions also follow the "Austrian" model of a separate constitutional court (first developed in the Czechoslovak Constitution of 1920).
Within the British Empire, the highest court within a colony was often called the "Supreme Court", even though appeals could be made from that court to the United Kingdom's Privy Council (based in London). A number of Commonwealth jurisdictions retain this system, but many others have reconstituted their own highest court as a court of last resort, with the right of appeal to the Privy Council being abolished.
In jurisdictions using a common law system, the doctrine of stare decisis applies, whereby the principles applied by the local court in its decisions are binding upon all lower courts; this is intended to apply a uniform interpretation and implementation of the law. In civil law jurisdictions the doctrine of stare decisis is not generally considered to apply, so the decisions of the supreme court are not necessarily binding beyond the immediate case before it; however, in practice the decisions of the supreme court usually provide a very strong precedent, or jurisprudence constante, for both itself and all lower courts.
In Australia, the High Court of Australia became the court of last resort with the passing of the Australia Act in 1986. This act abolished the last rights of appeal to the Privy Council. Each state and territory has its own Supreme Court, which is the highest court in that state/territory. This leads to some confusion among those from other jurisdictions as the term "supreme court" seems to refer to the court of last resort. The reason that the High Court of Australia is not named the "supreme court" is purely historical. Before the federation of the Australian colonies as states of Australia (in 1901), each colony had its own independent judicial system with a supreme court as the highest court physically within the colony (with a right of appeal to the Privy Council). On federation, the constitution provided for the establishment of a federal "supreme court", to be named the "High Court" which could hear appeals from the state Supreme Courts. With the exception of the Australian Capital Territory, each state's Supreme Court is divided into two divisions: the Trial Division and the Court of Appeal. Appeals from The ACT Supreme Court are heard in the High Court of Australia. The current Chief Justice of the High Court is Robert French.
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