Misplaced Pages

#862137

112-518: The Federal Administrative Court (German: Bundesverwaltungsgericht , German pronunciation: [bʊndəsfɛɐ̯ˈvaltʊŋsɡəˌʁɪçt] ) is one of the five federal supreme courts of Germany. It is the court of the last resort for generally all cases of administrative law , mainly disputes between citizens and the state. It hears appeals from the Oberverwaltungsgerichte , or Superior Administrative Courts, which, in turn, are

224-572: A central government established usually through coercion (on the model of the Roman Empire ). An empire often includes self-governing regions, but these will possess autonomy only at the sufferance of the central government. On the other hand, a political entity that is an empire in name, may comprise several partly autonomous kingdoms organised together in a federation, with the empire being ruled over by an emperor or senior king ( great king , high king , king of kings ...). One example of this

336-525: A federal system of government may 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 . However, other federations, such as Canada, may have

448-505: A stronger central government than the US in the wake of the Civil War of the latter, use the term "Confederation" to refer to the formation or joining, not the structure, of Canada. Legal reforms, court rulings, and political compromises have decentralized Canada in practice since its formation in 1867. An empire is a multi-ethnic state, multinational state , or a group of nations with

560-450: A broad definition of a basic federalism , there are two or more levels of government that exist within an established territory and govern through common institutions with overlapping or shared powers as prescribed by a constitution. The federal government is the government at the level of the sovereign state. Usual responsibilities of this level of government are maintaining national security and exercising international diplomacy, including

672-490: A central authority theoretically can include: the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringes on the constituent states' powers by invoking the central government's constitutional authority to ensure "peace and good government" or to implement obligations contracted under an international treaty. The governmental or constitutional structure found in

784-546: A constitutional nature from Azad Kashmir and Gilgit-Baltistan. Azad Kashmir has its own courts system and the constitution of Pakistan does not apply to it as such; appeals from Azad Kashmir relate to its relationship with Pakistan. The provinces have their own courts system, with the High Court as the apex court, except insofar as where an appeal can go to the Supreme Court as mentioned above. The Supreme Court of

896-524: A court of last resort, with the right of appeal to the Privy Council being abolished. The idea of a supreme court owes much to the framers of the Constitution of the United States . It was while debating the division of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary. Creating

1008-642: A duty of judicial review, and which can strike down legislation as being in conflict with the Constitution. As with France, administrative cases are ruled by the Council of State . In Japan , the Supreme Court of Japan is called 最高裁判所 (Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo, and is the highest court in Japan. It has ultimate judicial authority within Japan to interpret

1120-426: A federation is Malaysia , in which Sarawak and Sabah agreed to form the federation on different terms and conditions from the states of Peninsular Malaysia . A federation often emerges from an initial agreement between several separate states. The purpose can be the will to solve mutual problems and to provide for mutual defense or to create a nation-state for an ethnicity spread over several states. The former

1232-492: A federation is considered to be federalist , or to be an example of federalism . It can be considered in comparison with the unitary state . France and Japan , for example, have been unitary for many centuries. The Austrian Empire was a unitary state with crown lands , after the transformation into the Austria-Hungary monarchy the remaining crown lands of so-called Cisleithania became federated as Länder of

SECTION 10

#1732765644863

1344-638: A federation only after the fall of the monarchy , and Venezuela became a federation after the Federal War . Australia and Canada are also federations. Germany is another nation-state that has switched between confederal, federal and unitary rules, since the German Confederation was founded in 1815. The North German Confederation , the succeeding German Empire and the Weimar Republic were federations. Founded in 1922,

1456-475: A federation to be brought into being by agreement between a number of formally independent states, in a unitary state self-governing regions are often created through a process of devolution, where a formerly centralized state agrees to grant autonomy to a region that was previously entirely subordinate. Thus, federations are often established voluntarily from "below" whereas devolution grants self-government from "above". A confederation , in modern political terms,

1568-452: A further hearing on its own judgment. In a matter on which the Supreme Court has ruled – whether as a court of appeals or as the High Court of Justice – with a panel of three or more justices, it may rule at a further hearing with a panel of a larger number of justices. A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that

1680-538: A general outline of the judiciary, vesting of federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". They delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole. In jurisdictions using a common law system, the doctrine of stare decisis applies, whereby

1792-595: A new and different court was introduced to judge them in place of normal courts, the Justice Court of the Republic ( Cour de Justice de la République ). It has since been highly criticized and is scheduled for deletion in a constitutional amendment due for 2019. In Germany , there is no de jure single supreme court. Instead, cases are decided in the final instance by one of five federal high courts (see below), depending on their nature. Final interpretation of

1904-641: A separate "third branch" of government was a novel idea; in the English tradition, judicial power is just one aspect of the sovereign authority of the Crown . It was also proposed in the Constitutional Convention that the judiciary should have a role in checking the executive power to exercise a veto or to revise laws. In the end, the Framers of the Constitution compromised by sketching only

2016-532: A supreme court of general jurisdiction, able to decide any question of law. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts , headed by a supreme administrative court (such as the Supreme Administrative Court of Finland , for example). A number of jurisdictions also maintain a separate constitutional court or other judicial or quasi-judicial body (first developed in

2128-514: Is also charged with the review of administrative acts on whether they violate constitutionally guaranteed rights. Other than that, administrative acts are reviewed by the Administrative Court ( Verwaltungsgerichtshof ). The Supreme Court ( Oberste Gerichtshof (OGH) ), stands at the top of Austria's system of " ordinary courts " ( ordentliche Gerichte ) as the final instance in issues of private law and criminal law . In Brazil ,

2240-525: Is an important challenge. The inability to meet this challenge may lead to the secession of parts of a federation or to civil war, as occurred in the United States (southern states sought to protect the institution of slavery while northern states opposed it, with a catalysis occurring in the then– Kansas Territory ), in Nigeria and in Switzerland . In the case of Malaysia , Singapore was expelled from

2352-604: Is banned from testing legislation against the constitution, pursuant to the principle of the sovereignty of the States-General; the court can, however, test legislation against treaties such as the European Convention on Human Rights . Next to the Hoge Raad, in administrative law there are also other highest courts of appeal. Which highest court has jurisdiction in this field of law depends on the subject of

SECTION 20

#1732765644863

2464-477: Is binding upon every court, other than the Supreme Court itself. The Israeli supreme court is both an appellate court and the high court of justice. As an appellate court, the Supreme Court considers cases on appeal (both criminal and civil) on judgments and other decisions of the District Courts. It also considers appeals on judicial and quasi-judicial decisions of various kinds, such as matters relating to

2576-476: Is by way of the " question préjudicielle " (prejudicial question). The Court of last resort for civil and criminal proceedings is the " Cour de cassation ". For administrative proceedings the highest court is the " Cour administrative " (Administrative Court). The supreme court of Macau is the Court of Final Appeal ( Portuguese : Tribunal de Última Instância ; Chinese : 澳門終審法院 ), though like Hong Kong,

2688-506: Is convened only when one high court intends to diverge from another high court's legal opinion. As the courts have well-defined areas of responsibility, situations like these are rather rare and the Joint Senate gathers very infrequently. The Supreme Court of Iceland ( Icelandic : Hæstiréttur Íslands , lit . Highest Court of Iceland ) was founded under Act No. 22/1919 and held its first session on 16 February 1920. The Court holds

2800-549: Is divided among three judicial bodies: When there is jurisdictional dispute between judicial and administrative courts: the Court of Arbitration ( Tribunal des conflits ), which is empanelled half from the Court of Cassation and half from the Council of State and presided over by the Minister of Justice , is called together to settle the dispute or hand down a final decision. The High Court ( Haute Cour ) exists only to impeach

2912-651: Is divided into three traditional chiefdoms: Uvea , Sigave , and Alo . The chiefdoms are allowed to have their own legal system which have to be implemented along with French legal system . Under the terms of the Fomboni Accords, signed in December 2001 by the leaders of all three islands, the official name of the country was changed to the Union of the Comoros ; the new state was to be highly decentralised and

3024-621: Is necessarily the case (such as Saint Kitts and Nevis or the Federated States of Micronesia ). About 40% of world population live in a federation. Several ancient chiefdoms and kingdoms, such as the 4th-century-BCE League of Corinth , Noricum in Central Europe , and the Iroquois Confederacy in pre-Columbian North America , could be described as federations or confederations . The Old Swiss Confederacy

3136-407: Is sometimes one with only a single, centralized, national tier of government. However, unitary states often also include one or more self-governing regions. The difference between a federation and this kind of unitary state is that in a unitary state the autonomous status of self-governing regions exists by the sufferance of the central government, and may be unilaterally revoked. While it is common for

3248-542: Is suggested as one possible de facto federation as it grants more self-government to its autonomous communities than are retained by the constituent entities of most federations. For the Spanish parliament to revoke the autonomy of regions such as Galicia , Catalonia or the Basque Country would be a political near-impossibility, though nothing bars it legally. The Spanish parliament has, however, suspended

3360-542: Is the court of last resort of electoral law , and also oversees general elections . The Superior Military Court ( Tribunal Superior Militar ) is the highest court in matters of federal military law . In Croatia , the supreme jurisdiction is given to the Supreme Court , which secures a uniform application of laws. The Constitutional Court exists to verify constitutionality of laws and regulations, as well as decide on individual complaints on decisions on governmental bodies. It also decides on jurisdictional disputes between

3472-544: Is the highest court in Nigeria. The Supreme Court mainly regulates in disputes between states and/or the federal government. Another power of the Supreme court rests in its authority to oversee any decisions over presidential elections and term lengths. The Supreme Court has been the apex court for Pakistan since the declaration of the republic in 1956 (previously the Privy Council had that function). The Supreme Court has

Federal Administrative Court (Germany) - Misplaced Pages Continue

3584-454: Is therefore not a de jure federation, although some academic observers conclude that after 50 years of institutional evolution since the Treaties of Rome it is becoming one. The European Union possesses attributes of a federal state. However, its central government is far weaker than that of most federations and the individual members are sovereign states under international law, so it

3696-473: Is usually characterized as an unprecedented form of supra-national union. The EU has responsibility for important areas such as trade, monetary union, agriculture, and fisheries. Nonetheless, EU member states retain the right to act independently in matters of foreign policy and defense, and also enjoy a near-monopoly over other major policy areas such as criminal justice and taxation. Since the Treaty of Lisbon ,

3808-558: Is usually limited to a permanent union of sovereign states for common action in relation to other states. The closest entity in the world to a confederation at this time is the European Union . While the word confederation was officially used when the Canadian federal system was established in 1867, the term refers only to the process and not the resulting state since Canadian provinces are not sovereign and do not claim to be. In

3920-678: The Bundesarbeitsgericht (Federal Labour Court) for employment and labour, the Bundesfinanzhof (Federal Fiscal Court) for taxation and financial issues, and the Bundesverwaltungsgericht (Federal Administrative Court) for administrative law. The so-called Gemeinsamer Senat der Obersten Gerichtshöfe (Joint Senate of the Supreme Courts) is not a supreme court itself, but an ad-hoc body that

4032-665: The Appellate Court . In addition, an agreement between Nauru and Australia in 1976 provides for appeals from the Supreme Court of Nauru to the High Court of Australia in both criminal and civil cases, with the notable exception of constitutional cases. In New Zealand , the right of appeal to the Privy Council was abolished following the passing of the Supreme Court Act (2003). A right of appeal to

4144-769: The Basic Law , its constitution, the territory remains a common law jurisdiction. Consequently, judges from other common law jurisdictions (including England and Wales ) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law. On the other hand, the power of interpretation of the Basic Law itself is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing (without retroactive effect), and

4256-797: The British Empire . In some recent cases, federations have been instituted as a measure to handle ethnic conflict within a state, such as Bosnia and Herzegovina , and Iraq since 2005 as well as Somalia since 2012 . With the United States Constitution having become effective on 4 March 1789, the United States is the oldest surviving federation, while the newest federation is Nepal , after its constitution went into effect on 20 September 2015. The component states are in some sense sovereign, insofar as certain powers are reserved to them that may not be exercised by

4368-643: The Court of Cassation of Armenia is the highest court in Armenia , except in the sphere of constitutional justice, in which the Constitutional Court of Armenia maintains authority. In Austria , the Austrian Constitution of 1920 (based on a draft by Hans Kelsen ) introduced judicial review of legislative acts for their constitutionality . This function is performed by the Constitutional Court ( Verfassungsgerichtshof ), which

4480-773: The Crown Dependencies of the Isle of Man and the bailiwicks of Guernsey and Jersey in the Channel Islands and the United Kingdom is very similar to a federate relation: the Islands enjoy independence from the United Kingdom, which, via The Crown, takes care of their foreign relations and defense – although the UK Parliament does have overall power to legislate for the dependencies. However,

4592-672: The Czechoslovak Constitution of 1920 ), such as Austria, France, Germany, Italy, Luxembourg, Portugal, Russia, Spain and South Africa. Within the former 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

Federal Administrative Court (Germany) - Misplaced Pages Continue

4704-648: The House of Lords was the ultimate court in addition to being a legislative body , and the Lord Chancellor , with legislative and executive functions, was also a senior judge in the House of Lords. The Supreme Court of the United States , established in 1789, is the highest federal court in the United States . It has final appellate powers over the federal court system , and can perform judicial review in matters involving US federal law (which applies to all

4816-612: The New York Supreme Court, Appellate Division is a lower court, not a supreme court. The titles for judicial officeholders can cause confusion, even within the same jurisdiction. In Texas , the posts of Justice, Judge, and Justices of the Peace are members of successively lower levels of courts. The Roman law and the Corpus Juris Civilis are generally held to be the historical model for civil law. From

4928-478: The President and Vice-President of the Republic . The Superior Court of Justice ( Superior Tribunal de Justiça ) reviews State and Federal Circuit courts decisions for civil law and criminal law cases, when dealing with federal law or conflicting rulings. The Superior Labour Court ( Tribunal Superior do Trabalho ) reviews cases involving labour law . The Superior Electoral Court ( Tribunal Superior Eleitoral )

5040-703: The President of the French Republic in case of "breach of his duties patently incompatible with his continuing in office". Since a constitutional amendment of 2007, the French Constitution states that the High Court is composed of all members of both Houses of Parliament. As of 2023, it has never been convened. While the President is not , members of the French government are subject to the same laws as other French citizens. However, since 1993,

5152-456: The Republic of Austria through the implementation of its constitution . Germany , with its 16 states, or Länder , and Nigeria , with its 36 states and federal capital territory , are examples of federations. Federations are often multi-ethnic and cover a large area of territory (such as Russia , the United States , Canada , India , Brazil , Pakistan or Australia ), but neither

5264-806: The Scotland Act 1998 , Government of Wales Act and Northern Ireland Act were also transferred to the new Supreme Court by the Constitutional Reform Act, from the Judicial Committee of the Privy Council . The Supreme Court shares its members and accommodation at the Middlesex Guildhall in London with the Judicial Committee of the Privy Council which hears final appeals from certain smaller Commonwealth realm countries, admiralty cases, and certain appeals from

5376-522: The Soviet Union was formally a federation of Soviet republics , autonomous republics and other federal subjects, though in practice highly centralized under the government of the Soviet Union . The Russian Federation has inherited a similar system. India , Pakistan , Nigeria and Malaysia (then Federation of Malaya ) became federations on or shortly before becoming independent from

5488-439: The Supreme Court of Hong Kong (now known as the High Court of Hong Kong ) was the final court of appeal during its colonial times which ended with transfer of sovereignty in 1997. The final adjudication power, as in any other British Colonies, rested with the Judicial Committee of the Privy Council (JCPC) in London, United Kingdom. Now the power of final adjudication is vested in the Court of Final Appeal created in 1997. Under

5600-412: The Supreme Federal Court ( Supremo Tribunal Federal ) is the highest court. It is both the constitutional court and the court of last resort in Brazilian law. It only reviews cases that may be unconstitutional or final habeas corpus pleads for criminal cases. It also judges, in original jurisdiction , cases involving members of congress , senators , ministers of state, members of the high courts and

5712-406: The ecclesiastical courts and statutory private jurisdictions, such as professional and academic bodies. (The Constitutional Reform Act also renamed the Supreme Court of Judicature of Northern Ireland to the Court of Judicature , and the rarely cited Supreme Court of Judicature for England and Wales as the Senior Courts of England and Wales ). The Supreme Court was set up in 2009; until then

SECTION 50

#1732765644863

5824-515: The "F" word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system. ( See, for instance, Bednar, Filippov et al., McKay, Kelemen, Defigueido and Weingast ) A more nuanced view has been given by

5936-405: The "federal nature of Spain's government (a trend that almost no one denies)." Each autonomous community is governed by a Statute of Autonomy ( Estatuto de Autonomía ) under the Spanish Constitution of 1978 . Although South Africa bears some elements of a federal system, such as the allocation of certain powers to provinces, some nevertheless argue that it is functionally a unitary state. On

6048-677: The 1970s. Moreover, although nominally called a federal state, the country's structure already has a number of confederational traits . At present, there is a growing movement to transform the existing federal state into a looser confederation with two or three constitutive states and/or two special regions. A confederation is most likely to feature three differences when contrasted with a federation: (1) No real direct powers: many confederal decisions are externalized by member-state legislation; (2) Decisions on day-to-day-matters are not taken by simple majority but by special majorities or even by consensus or unanimity (veto for every member); (3) Changes of

6160-431: The Constitution and decide questions of national law (including local bylaws). It has the power of judicial review (i.e., it can declare Acts of Diet and Local Assembly, and administrative actions, unconstitutional). In Luxembourg , challenges on the conformity of the law to the Constitution are brought before the Cour constitutionnelle (Constitutional Court). The most used and common procedure to present these challenges

6272-412: The Constitution, the Judiciary Act , and the High Court of Australia Act 1979. It is composed of seven Justices: the Chief Justice of Australia , currently Stephen Gageler AC , and six other Justices. They are appointed by the Governor-General of Australia on the advice of the federal government, and under the constitution must retire at age 70. The Supreme Court of Bangladesh is created by

6384-420: The German Constitution, the Grundgesetz , is the task of the Bundesverfassungsgericht (Federal Constitutional Court), which is the de facto highest German court, as it can declare both federal and state legislation ineffective. In addition, it has the power to overrule decisions of all other courts, despite not being a court of appeals in the German court system. It is also the only court possessing

6496-478: The German Constitutional Court. Here the EU is defined as 'an association of sovereign national states ( Staatenverbund )'. With this view, the European Union resembles more of a confederation . Constitutionally, the power vested in the special administrative regions of the People's Republic is granted from the Central People's Government , through a decision by the National People's Congress . However, there have been certain largely informal grants of power to

6608-579: The Member States' right to leave the Union is codified, and the Union operates with more qualified majority voting (rather than unanimity) in many areas. By the signature of this Treaty, the participating Parties give proof of their determination to create the first supranational institution and that thus they are laying the true foundation of an organized Europe. This Europe remains open to all nations. We profoundly hope that other nations will join us in our common endeavor. Europe has charted its own brand of constitutional federalism. Those uncomfortable using

6720-424: The Privy Council remains for criminal cases which were decided before the Supreme Court was created, but it is likely that the successful appeal by Mark Lundy to the Privy Council in 2013 will be the last appeal to the Board from New Zealand. The new Supreme Court of New Zealand was officially established at the beginning of 2004, although it did not come into operation until July. The High Court of New Zealand

6832-531: The Tenth Amendment contained in the Bill of Rights and the Eleventh Amendment. However, later amendments, particularly the Fourteenth Amendment, gave the federal government considerable authority over states. Federal government within this structure are the government ministries and departments and agencies to which the ministers of government are assigned. There are 26 federations in the world, with 6 each in Asia and Europe , 5 in Africa , 4 in North America , 3 in South America and 2 in Oceania . Some of

SECTION 60

#1732765644863

6944-438: The United Kingdom is the ultimate court for criminal and civil matters in England, Wales and Northern Ireland and for civil matters in Scotland. (The supreme court for criminal matters in Scotland is the High Court of Justiciary .) The Supreme Court was established by the Constitutional Reform Act 2005 with effect from 1 October 2009, replacing and assuming the judicial functions of the House of Lords . Devolution issues under

7056-445: The United Kingdom, because, in a devolved state, the central government can revoke the independence of the subunits (the Scottish Parliament , the Welsh Parliament and the Northern Ireland Assembly in the case of the United Kingdom) without changing the constitution. In some cases, such as the autonomous communities of Spain , devolution has led to federation in all but name, or "federation without federalism". The relation between

7168-755: The United States, also do not have a single highest court. The highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia . On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court , the supreme courts of several Canadian provinces/territories , and the former Supreme Court of Judicature of England and Wales and Supreme Court of Judicature of Northern Ireland , which are all subordinate to higher courts of appeal. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. Some countries with

7280-428: The autonomy of Catalonia in response to the Catalan declaration of independence , in the lead-up to the 2017 Catalan election . Additionally, some autonomies such as Navarre or the Basque Country have full control over taxation and spending, transferring a payment to the central government for the common services (military, foreign relations, macroeconomic policy). For example, scholar Enrique Guillén López discusses

7392-415: The autonomy of a self-governing region, it may be politically difficult for it to do so in practice. The self-governing regions of some unitary states also often enjoy greater autonomy than those of some federations. For these reasons, it is sometimes argued that some modern unitary states are de facto federations. De facto federations, or quasi-federations, are often termed " regional states ". Spain

7504-409: The case of Switzerland , while the country is still known officially as the Swiss Confederation, this is now a misnomer since the Swiss cantons lost their sovereign status in 1848. In Belgium, however, the opposite movement is underway. Belgium was founded as a centralized state, after the French model, but has gradually been reformed into a federal state by consecutive constitutional reforms since

7616-414: The case. The most important of these courts is the Department of Justice of the Council of State (Afdeling Bestuursrechtspraak van de Raad van State). In Portugal , there are several supreme courts, each with a specific jurisdiction: Until 2003, a fifth supreme court also existed for the military jurisdiction, this being the Supreme Military Court ( Supremo Tribunal Militar ). Presently, in time of peace,

7728-471: The central government. However, a federation is more than a mere loose alliance of independent states. The component states of a federation usually possess no powers in relation to foreign policy and so enjoy no independent status under international law . However, German Länder have that power, which is beginning to be exercised on a European level. Some federations are called asymmetric because some states have more autonomy than others. An example of such

7840-417: The central union government would devolve most powers to the new island governments, each led by a president. Certain forms of political and constitutional dispute are common to federations. One issue is that the exact division of power and responsibility between federal and regional governments is often a source of controversy. Often, as is the case with the United States , such conflicts are resolved through

7952-434: The ceremonial inauguration of the building as the Federal Administrative Court on 12 September 2002. 51°19′59″N 12°22′11″E  /  51.33306°N 12.36972°E  / 51.33306; 12.36972 This article about government in Germany is a stub . You can help Misplaced Pages by expanding it . Supreme court Civil law states tend not to have a single highest court. Some federations, such as

8064-478: The component states, as well as the division of power between them and the central government, is constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body without constitutional amendment. Sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. Overriding powers of

8176-788: The constitution but its further appellate jurisdiction from lower courts is defined by law. The Irish Supreme Court consists of its presiding member, the Chief Justice, and seven other judges. Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government. The Supreme Court sits in the Four Courts in Dublin . In Nauru , there is no single highest court for all types of cases. The Supreme Court has final jurisdiction on constitutional matters, but any other case may be appealed further to

8288-484: The constitution, usually a treaty, require unanimity. Over time these terms acquired distinct connotations leading to the present difference in definition. An example of this is the United States under the Articles of Confederation . The Articles established a national government under what today would be defined as a federal system (albeit with a comparatively weaker federal government). However, Canadians, designed with

8400-404: The courts are authorised to interpret the Basic Law when trying cases, in accordance with Article 158 of the Basic Law. This arrangement became controversial in light of the right of abode issue in 1999, raising concerns for judicial independence. The Supreme Court of India was created on January 28, 1950 after adoption of the Constitution . Article 141 of the Constitution of India states that

8512-776: The courts of appeals for decisions of the Verwaltungsgerichte ( administrative courts ). However, cases concerning social security law belong to the jurisdiction of the Sozialgerichte (Social Courts) with the Bundessozialgericht as federal court of appeals, and cases of tax and customs law are decided by the Finanzgerichte ( Fiscal Courts ), and, ultimately, by the Bundesfinanzhof . The Bundesverwaltungsgericht has its seat at

8624-591: The decisions of the supreme court usually provide a very strong precedent, or jurisprudence constante , for both itself and all lower courts. The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia . It has both original and appellate jurisdiction , the power of judicial review over laws passed by the Parliament of Australia and

8736-461: The entire jurisdiction is relatively homogeneous, and each constituent state resembles a miniature version of the whole; this is known as 'congruent federalism'. On the other hand, incongruent federalism exists where different states or regions possess distinct ethnic groups. The ability of a federal government to create national institutions that can mediate differences that arise because of linguistic, ethnic, religious, or other regional differences

8848-542: The federal and the unitary state during its history. Some present-day states of the Brazilian federation retain borders set during the Portuguese colonization (before the very existence of the Brazilian state), whereas the latest state, Tocantins , was created by the 1988 Constitution for chiefly administrative reasons. Seven of the top eight largest countries by area are governed as federations. A unitary state

8960-802: The federation because of rising racial tension. In some cases, internal conflict may lead a federation to collapse entirely, as occurred the Federation of Rhodesia and Nyasaland , the Gran Colombia , the United Provinces of Central America , and the West Indies Federation . The federal government is the common government of a national or supranational federation. A federal government may have distinct powers at various levels authorized or delegated to it by its member states. The structure of federal governments varies. Based on

9072-442: The final say on matters of constitutional law, federal law or on matters of mixed federal and provincial competence. It can hear appeals on matters of provincial competence only if a matter of a constitutional nature is raised. With respect to Pakistan's autonomous territories (i.e. Azad Kashmir and Gilgit-Baltistan) the Supreme Court's jurisdiction is rather limited and varies from territory to territory; it can hear appeals only of

9184-692: The former Reichsgericht (Imperial Court of Justice) building in Leipzig's district Mitte . The Federal Administrative Court was established on the basis of Article 95 (1) of the Basic Law by Act of 23 September 1952. The seat of the Federal Administrative Court was initially Berlin . Since 8 June 1953, the Federal Administrative Court was housed in the former premises of the Prussian Higher Administrative Court. The decision in favour of Berlin as

9296-527: The highest authority in interpreting that state's law and administering that state's judiciary. The courts of Oklahoma and Texas have separate criminal and civil courts of last resort, while Delaware has separate courts for appellate and equity functions. The official names of state supreme courts vary, as do the titles of its members, which can cause confusion between jurisdictions. Alternative names for supreme courts includes Court of Appeals , Supreme Court of Appeals and Supreme Judicial Court . However

9408-575: The highest judicial power in Iceland. The court system was transformed from a two level system to a three level system in 2018 with the establishment of Landsréttur. Israel 's Supreme Court is at the head of the court system in the State of Israel . It is the highest judicial instance. The Supreme Court sits in Jerusalem . The area of its jurisdiction is the entire State. A ruling of the Supreme Court

9520-401: The importance, difficulty or novelty of a ruling of the Court justifies such hearing. The Supreme Court also holds the unique power of being able to order " trial de novo " (a retrial). Italy has different supreme courts. The Italian court of last resort for most disputes is the Supreme Court of Cassation . There is also a separate constitutional court, the Constitutional Court , which has

9632-727: The initiator of the European Community system, wrote that a transnational Community like the founding of the European Coal and Steel Community lay midway between an association of States where they retained complete independence and a federation leading to a fusion of States in a super-state . The Founding Fathers of the European Union wrote the Europe Declaration (Charter of the Community) at

9744-793: The islands are neither an incorporated part of the United Kingdom nor are they considered to be independent or associated states. The islands do not have a monarch, per se ; rather in the Isle of Man the British Monarch is, ex officio , Lord of Mann , and in the Bailiwicks of Guernsey and Jersey, the British Monarch rules as the Duke of Normandy . Dependent territories , such as the British overseas territories , are vested with varying degrees of power; some enjoy considerable independence from

9856-403: The judicial system, which delimits the powers of federal and local governments. The relationship between federal and local courts varies from nation to nation and can be a controversial and complex issue in itself. Another common issue in federal systems is the conflict between regional and national interests, or between the interests and aspirations of different ethnic groups. In some federations

9968-470: The late 18th century onwards, civil law jurisdictions began to codify their laws, most of all in civil codes . The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the constitution (for example, it can overturn a law passed by Congress if it deems it unconstitutional). According to the Armenian constitution

10080-462: The law declared by Supreme Court is to be binding on all Courts within the territory of India while article 142 vests the court with the inherent power to pass any decree or order to ensure 'complete justice'. It is the highest court in India and has ultimate judicial authority to interpret the Constitution and decide questions of national law (including local bylaws). The Supreme Court is also vested with

10192-536: The law, and direct challenges to the constitutionality of laws enacted by the Knesset. The court has broad discretionary authority to rule on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal. The High Court of Justice grants relief through orders such as injunction, mandamus and Habeas Corpus, as well as through declaratory judgments. The Supreme Court can also sit at

10304-523: The legality of Knesset elections and disciplinary rulings of the Bar Association. As the High Court of Justice (Hebrew: Beit Mishpat Gavoha Le'Zedek בית משפט גבוה לצדק; also known by its initials as Bagatz בג"ץ), the Supreme Court rules as a court of first instance, primarily in matters regarding the legality of decisions of State authorities: Government decisions, those of local authorities and other bodies and persons performing public functions under

10416-533: The legislative, executive and judicial branches. In Denmark , all ordinary courts have original jurisdiction to hear all types of cases, including cases of a constitutional or administrative nature. As a result, there exists no special constitutional court, and therefore final jurisdiction is vested with the Danish Supreme Court ( Højesteret ) which was established 14 February 1661 by king Frederik III . In France , supreme appellate jurisdiction

10528-447: The other hand, if federation is defined as the constitutional entrenchment of the powers of subcentral units (provinces, etc.) that is not unilaterally changeable or revocable by the central authority, South Africa does qualify, formally, as a federal state. The European Union (EU) is a sui generis political union or confederation (the assemblage of societies or an association of two or more states into one state). Robert Schuman ,

10640-615: The parliaments of the states, and the ability to interpret the Constitution of Australia and thereby shape the development of federalism in Australia . The High Court is mandated by section 71 of the Constitution, which vests in it the judicial power of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under, the Judiciary Act 1903 . It now operates under sections 71 to 75 of

10752-580: The power and authority to outlaw political parties, should their manifests or activism prove unconstitutional. When it comes to civil and criminal cases, the Bundesgerichtshof (Federal Court of Justice) is at the top of the hierarchy of courts. The other branches of the German judicial system each have their own appellate systems, each topped by a high court; these are the Bundessozialgericht (Federal Social Court) for matters of social security,

10864-402: The power of judicial review to ensure the application of the rule of law. The Supreme Court is the highest court in the Republic of Ireland . It has authority to interpret the constitution, and strike down laws and activities of the state that it finds to be unconstitutional. It is also the highest authority in the interpretation of the law. Constitutionally it must have authority to interpret

10976-669: The power to interpret the Basic Law is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing, without retroactive effect. The Supreme Court of Justice of the Nation ( Spanish : Suprema Corte de Justicia de la Nación ) is the highest court in Mexico. In the Netherlands , the Supreme Court of the Netherlands is the highest court. Its decisions, known as "arresten", are absolutely final. The court

11088-402: The principles applied by the supreme 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

11200-571: The provinces, to handle economic affairs and implement national policies, resulting in a system some have termed federalism " with Chinese characteristics ". Constitutionally a unitary state , the political system in Myanmar bears many elements of federalism. Each administrative division has its own cabinets and chief ministers, making it more like a federation rather than a unitary state. The French overseas collectivity Wallis and Futuna maintains some quasi-federation attributes. The territory

11312-495: The provisions of the Constitution of Bangladesh, 1972. There are two Divisions of the Supreme Court, i.e. (a) Appellate Division and (b) High Court Division. Appellate Division is the highest Court of Appeal and usually does not exercise the powers of a court of the first instance. Whereas, the High Court Division is a Court of the first instance in writ/judicial review, company, and admiralty matters. In Hong Kong ,

11424-491: The right to sign binding treaties. Basically, a modern federal government, within the limits defined by its constitution, has the power to make laws for the whole country, unlike local governments. As originally written, the United States Constitution was created to limit the federal government from exerting power over the states by enumerating only specific powers. It was further limited by the addition of

11536-645: The seat was controversial among the Allied Powers ; the Soviet Union in particular was opposed to it. As a result, with the rearmament of the Federal Republic, the military service senates of the Federal Administrative Court had to move to Munich . Since the Federal Administrative Court moved from Berlin to Leipzig to the Reichsgericht building, they have also resided in Leipzig. Leipzig

11648-410: The sovereign state, which only takes care of their foreign relations and defense. However, they are neither considered to be part of it nor recognized as sovereign or associated states. The distinction between a federation and a unitary state is often quite ambiguous. A unitary state may closely resemble a federation in structure and, while a central government may possess the theoretical right to revoke

11760-518: The states). There are currently nine members of the US Supreme Court, however, there is no number specified in the Constitution. New members are nominated to life terms by the President of the United States and must be confirmed by the Senate . There are no specific requirements set out in the Constitution for Supreme Court nominees. Each U.S. state also has its own state supreme court ,

11872-421: The supreme court for military justice matters is the Supreme Court of Justice, which now includes four military judges. Federation List of forms of government A federation (also called a federal state ) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government ( federalism ). In a federation, the self-governing status of

11984-607: The time of the signing of the Treaty of Paris on 18 April 1951 saying that Europe should be organized on a transnational foundation. They envisaged a structure quite different from a federation called the European Political Community . The EU is a three-pillar structure of the original supranational European Economic Community and the nuclear energy cooperation and non-proliferation treaty, Euratom , plus two largely intergovernmental pillars dealing with External Affairs and Justice and Home Affairs. The EU

12096-848: Was an early example of formal non-unitary statehood. Several colonies and dominions in the New World consisted of autonomous provinces, transformed into federal states upon independence such as the United States , and various countries in Latin America (see Spanish American wars of independence ). Some of the New World federations failed; the Federal Republic of Central America broke up into independent states less than 20 years after its founding. Others, such as Argentina , have shifted between federal, confederal , and unitary systems, before settling into federalism. Brazil became

12208-478: Was designated as the new seat of the Federal Administrative Court by law of 21 November 1997. The official date of the change of seat was set for 26 August 2002 by the Federal Minister of Justice by legal decree of 24 June 2002. The most recent chapter in the history of the Federal Administrative Court is thus connected with the use of the former Reichsgericht building in Leipzig - it officially began with

12320-499: Was the German Empire (1871–1918). A federacy is a unitary state that incorporates one or more self-governing autonomous areas . It is distinguished from a federation in that the constitutional structure of the state is still unitary, but incorporates federalist principles. Some federacies, notably Åland , were established through international treaty . A federation differs from a devolved state , such as Indonesia and

12432-510: Was the case with the United States and Switzerland. However, as the histories of countries and nations vary, the federalist system of a state can be quite different from these models. Australia, for instance, is unique in that it came into existence as a nation by the democratic vote of the citizens of each state, who voted "yes" in referendums to adopt the Australian Constitution . Brazil, on the other hand, has experienced both

12544-513: Was until 1980 known as the Supreme Court. The Supreme Court has a purely appellate jurisdiction and hears appeals from the Court of Appeal of New Zealand . In some cases, an appeal may be removed directly to the Supreme Court from the High Court. For certain cases, particularly cases which commenced in the District Court, a lower court (typically the High Court or the Court of Appeal) may be the court of final jurisdiction. The Supreme Court

#862137