Supreme court
In some countries, provinces and states, the highest court is called the
supreme court; for example, the Supreme Court of the United States. In most
states with constitutions, the supreme court interprets that state's
constitution. It has also been called the court of last resort as there is
no further appeal that can be taken from such a court.
Generally, the higher courts in an area create case law with their
decisions, or interpret codal provision in civil law countries to maintain a
uniform interpretation. Most common law nations have the doctrine of stare
decisis in which the rulings of the supreme court constitute binding
precedent. Most civil law nations do not have the official doctrine of stare
decisis and hence the rulings of the supreme court are usually not binding
outside the immediate case in question.
In most states of the United States, the highest court is called "Supreme
Court"; in others, it is called the "Court of Appeals". In New York, Supreme
Court is the name of a trial court.
The Supreme Court of Canada was established in 1875, but only became the
highest court in the country in 1949, when the right of appeal to the
Judicial Committee of the Privy Council was abolished.
The highest court in France is called the Cour de cassation.
In the United Kingdom, there is no single court called the "Supreme Court".
In England and Wales, the Supreme Court includes the High Court of England
and Wales and the Court of Appeal of England and Wales. In Scotland the
Supreme Court is the Court of Session. Above these is the Judicial Committee
of the House of Lords (aka the "Law Lords"), the most senior court in the
UK, though this is due to change in 2003 with the creation of a true Supreme
Court for the UK. For a fuller explanation, see the entry on the UK Court
Systems.
In Germany, there is no single supreme court. Interpretation of the German
constitution, the Grundgesetz, is the task of the Federal Constitutional
Court of Germany. With civil and criminal cases, the highest court in a
hierarchy of appellate courts is the Bundesgerichtshof. The other branches
of the German judicial branch for social, labor, and administrative cases
each have their own appellate systems and highest courts.
In Australia, the High Court of Australia became the court of last resort
with the passing the the Australia Act in 1986. This act abolished the right
of appeal to the Judicial Committee of the Privy Council.
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