2.8 & 2.9 | Judicial Systems & Independent Judiciaries

Rule of Law

The principle that the law applies equally to all individuals, requiring that laws be publicly promulgated, equally enforced, and independently adjudicated.

Common Law

A legal system based on court rulings and precedents rather than statutory laws.

Civil Law

A legal system primarily based on written codes or statutes.

Sharia Law

A religious law forming part of the Islamic tradition, derived from the Quran and Hadith.

Supreme Court of Nigeria

The highest court in Nigeria, responsible for final appeal and interpretation of law.

• Maximum of 21 justices

• Nominated by the National Judicial Council, appointed by the President, confirmed by the Senate

• 15 years of legal experience

• Retirement age of 70

• Not all present for all matters

Function

• Final court of appeal

• Constitutional interpretation

• Judicial review

• Election petitions

• Federalism and intergovernmental disputes

Supreme Court of the UK

The highest court in the United Kingdom, which serves as the final court of appeal for civil and criminal cases.

Structure

• 12 justices

• Nominated by judicial Appointments Commission, formally nominated by PM ot King

• Does not handle criminal appeals from Scotland

• Retirement age of 70

Function

• Final court of appeal

• Interpreter of constitutional law

• Judicial review authority

  • Declaration of Incompatibility with Human Rights Act of 1998

• Protector of human rights

• Arbiter of devolution disputes

Amparo cases

Legal procedures in Mexico designed to protect individual rights against unlawful acts of authorities.

Constitutional Court of the Russian Federation

Structure

• 11 justices, but up to 19 is allowed

• Nominated by President, approved by Federation Council

• Can hear cases as a full bench or in two chambers

• Lifetime tenure

Function

• Exclusive authority to interpret the Constitution of Russia and its application

• Handles disputes between President and Parliament, branches, and federal and regional authorities

• Individual complaints of constitutional rights

• Reviews international treaties

Supreme Court of the Russian Federation

The highest court in Russia, overseeing both general and administrative jurisdiction.

Structure

• Around 170 judges

• Judicial chamber depends on the type of case

• Nominated by President, approved by Federation Council

• Disciplinary board for other judges

Function

• Highest judicial authority for civil, criminal, administrative, and economic disputes

• Final court of appeals

• Provides legal opinion on laws from Duma

• Advises government on judicial reform

Supreme Court of Iran

The highest court in Iran, primarily responsible for interpreting Islamic law.

Structure

• No fixed number 

• Court made up of senior clerics or Islamic jurists

• Multiple panels, or chambers, of 2+ judges hear different appellate cases from lower courts

• General assembly may convene to ensure consistency

Function

• Appellate jurisdiction

• Oversight of judges and legal interpretation

• Review of death sentences

• Handling cases with government officials

Supreme People’s Court

The highest court in China, responsible for the administration of justice and overseeing the judiciary.

Judicial Review

The power of courts to review the actions of other branches of government, ensuring their legality.

Judicial Independence

The principle that the judiciary should be independent from the other branches of government.

Guardian Council

An appointed body in Iran that oversees elections and legislation to ensure conformity with Islamic law.

Legislative Branch

The branch of government responsible for making laws.

Executive Branch

The branch of government responsible for enforcing laws.

Judicial Branch

The branch of government responsible for interpreting laws.

Electoral Tribunal of the Federal Judiciary

An autonomous institution in Mexico responsible for the organization and oversight of elections.

Final Court of Appeal

The highest court in a jurisdiction where decision-making is final.

Nigerian Judiciary

Framework

• Constitutionally established in 1999

• Civil law system 

Appointments

• Appointed by President (SCON) or Governors (State Courts)

• Nominations by National Judicial Council

Constructed to be independent

RULE OF LAW

British Judiciary

Framework

• Common law system based on precedent

• Interpret and apply laws 

Independence 

• Independent of legislative and executive, but Parliament remains supreme

  • Cannot strike down laws due to parliamentary sovereignty 

• Security of tenure 

• Separation from politics

RULE OF LAW

Mexican Judiciary

Framework

• Constitutionally established in 1824

• Civil law system  

Independence 

• Constructed to be independent

• Federal Judicial Council

• Political influence and pressure, corruption, and reforms have sparked debates

RULE OF LAW

Supreme Court of Mexico

Structure

• 11 justices

• Nominated by President, approved by Senate, 15 year terms

• Full court with 7 needed for quorum or two chambers with one tie-breaker judge

• Supermajority needed to strike down a law

• Chief Justice is elected to 4-year nonrenewable terms

Function

• Interpreter of constitutional law

• Judicial review

• Handles Amparo cases

  • Protects individuals from unconstitutional government actions

• Handles constitutional controversies

Russian Judiciary

Framework

• Constitutionally established in 1993

• Civil law system 

Appointments

• Constitutional Court: Nominated by President, approved by Federation Council

• Supreme Court: Nominated by President, approved by Federation Council

Independence 

• Constructed to be independent

• Political influence, lack of enforcement of rulings, and political and financial pressure make independence weak

RULE BY LAW

Iranian Judiciary

Framework

• Constitutionally established in 1979

• Civil law system 

Appointments

• Appointed by Head of Judiciary

• Usually clerics or trained in Islamic Law

• Removed at discretion of higher authorities

Independence 

• Very limited to no  independence

• Minimal transparency

• Political interference

RULE BY LAW

Chinese Judiciary

Framework

• Constitutionally established in 1949

• Function under the leadership of the party

Independence 

• No independence

• Must work under the leadership of the CCP framework

RULE BY LAW

Supreme Court of China

Structure

• No fixed number; traditionally 200-400

• Court divided into specialized sections

• Judicial committee within the court reviews major or sensitive cases

• Supreme Court President: Elected for a five year term with a 2-term limit

Function

• Final court of appeal

• Death penalty review

• Judicial supervision and interpretation that lower courts follow

Benefits of Independent Judiciaries

• Strengthen democracy

  • Maintain checks and balances

  • Protect rights and liberties

  • Establish rule of law

  • Maintain separation of powers