Judicial Systems

China

Structure: 

• Supreme People's Court (SPC) is the highest appellate court 

  • Chief judge = President of the SPC, formally chosen by NPC, ACTUALLY chosen by CCP

• Lower courts 

• Military courts 

• CCP courts (did you break a rule with the party) 

Subservient to CCP 

Political and legal committees of the CCP oversee the entire judicial system 

All judges selected by local CCP leaders

Political and legal committees of the CCP oversee the entire judicial system 

No judicial review  

RULE BY LAW instead of rule of law, using the law to go after enemies  

Xi, moved courts to be independent of corruption, but not the party  

• Reform: Central Leading Group on Judicial Reform headed by Xi, looks to employ more professional judges, five-year training plans for party judges, reduce local interference, reduce coerced confessions (make defendant uncomfortable to get them to confess) 

• Xinfang: petition court for unfair judgements without travel to Beijing 

Reforms Deng's "reform and open up" of the 1980s, foreign direct investment required protection of private property and contract laws to be enacted 

Human rights lawyers considered subversive and law licenses suspended for human rights lawyers 

Iran

Structure: 

• Highest court = Supreme Court

• Lower level civil courts

• Lower level criminal courts

• Special courts just for clerics

• Revolutionary courts to deal with threats to the regime

  • 1980s royal family

Function: Legal system based on Sharia law 

Legal code is Sharia law so only religious clerics (therefore men) are judges

Judges have a high degree of independence in interpreting the law, leading to contradictory opinions across the court system 

If found guilty, punishments are often severe (high death penalty)  

Head of judiciary (Chief Justice) appointed by Supreme leader for a five-year term

Chief Justice appoints and removes judges and appoints half of the Guardian Council (6 clerics)

No judicial review  

Mexico

Judicial system is in transition 

Structure: 

• National Supreme Court of Justice 

  • 11 magistrates (= Supreme Court justices) 

    • 1994 Reform: Presidents selects magistrates from a list prepared by a nonpartisan commission 

      • (Then confirmed by the Senate) 

    • Can only serve for one term (15 years) 

• State and local courts 

Supreme Court has judicial Review 

Multiple constitutional amendments to strengthen effectiveness and independence of the judicial system 

• 1994 Reform 

• 1980s reform: Supreme Court can determine that constitutionality of LEGISLATION at the request of 1/3 of the Chamber of Deputies, and can strike down the legislation as unconstitutional with a supermajority of 8 out of 11 justices agreeing 

• 2008 Reform: Gradual shift from inquisitorial model to adversarial model by 2016 

  • Behind schedule, slow reforms

  • Greater emphasis on due process rights for the accused 

  • Presumption of innocence until proven guilty 

  • Oral trials increase transparency of process

Impeachment process to remove judges  

Russia

Two high courts in Russia:

• Constitutional Court:

  • 19 members 

    • Nominated by president and appointed by Federation Council 

  • Issues advisory opinions- Abstract Review

    • Constitutionality questions

    • Impeachment issues

    • International treaties

  • Judicial Review- Concrete review

    • Specific cases

    • Regional laws (often overturned)

    • Violation of civil rights

• Supreme Court:

  • Final court for civil and criminal cases

  • Appellate court

Absence of Rule of Law, judicial system used to target opposition

Code Law, not common law  

Inquisitorial model (Yelling at the defendant, not giving them a chance to speech); more adversarial since 1993 

System remains corrupt 

Judicial review does not work as a check, constitutionally the courts have the power of judicial review but it has not been used to limit the authority of the executive 

Nigeria

Based on British common law 

• Use of precedents set in previous court cases to make decisions  

Structure: 

• National: 

  1. Supreme court 

  2. Appeals court 

  3. Federal High Court 

• State: 

  1. High Court 

  2. Appeals Court 

  3. Lower court (ex. Sharia courts in the North) 

Supreme Court: 

• Original jurisdiction 

• Appellate jurisdiction 

  • Lower courts -> appeal to higher courts 

• Judicial Review 

• Supreme Court justices 

  • Recommended by nonpartisan judicial council, appointed by president, and confirmed by the Senate 

  • Must retire by age 70 

• Legacy of local autonomy- relative independence 

• Abacha Military Dictatorship 

  • 1993-1998 

  • Used courts to intimidate and silence opposition

• Fourth Republic: 

  • Rule of Law 

  • Anti-corruption 

UK

Common law used to enforce rule of law- British practice "judge-made " law; judicial decisions are binding in future cases 

Judicial system built on independence, rule of law, Constitutional Reform Act (CRA 2005) 

Supreme Court of UK established in 2009 

• Appointment Commission 

• Final court of appeals 

• Protect human/civil rights and liberties 

• Rules on devolution disputes 

• Parliamentary sovereignty- no judicial review, cannot overturn acts of Parliament