Glossary
CCP (China)
The Chinese Communist Party, which exerts significant control over the judiciary in China, despite constitutional provisions for judicial independence.
Example:
Although the constitution states judicial independence, the CCP (China) ultimately dictates judicial appointments and outcomes in politically sensitive cases.
Chambers (Mexico)
Divisions of the Mexican Supreme Court, each composed of five ministers, that handle specific types of cases.
Example:
A specific Chamber (Mexico) of the Supreme Court might specialize in administrative law, hearing appeals related to government regulations.
Chief Justice (Iran)
The head of Iran's judicial system, a cleric and expert in sharia law, appointed by the Supreme Leader for a five-year term.
Example:
The Chief Justice (Iran) plays a pivotal role in overseeing the entire judicial apparatus and ensuring adherence to Islamic law.
Civil Liberties
Guarantees of equal treatment and protection from discrimination by the government or other individuals.
Example:
The freedom to express one's political views without fear of government censorship is a crucial civil liberty.
Civil Rights
Protections that shield individuals from government abuse of power, ensuring the government does not overstep its authority.
Example:
The right to a fair trial is a fundamental civil right, preventing the government from arbitrarily imprisoning citizens.
Common Law
A legal system based on tradition, custom, and judicial precedent rather than codified statutes, evolving through court decisions.
Example:
Many aspects of property rights in the UK are governed by Common Law, relying on centuries of judicial rulings.
Constitutional Court (Russia)
A Russian court responsible for ensuring that laws and decrees comply with the country's constitution.
Example:
The Constitutional Court (Russia) might review a new federal law to determine if it infringes upon citizens' rights as outlined in the constitution.
Courts of Appeals
Courts that review decisions made by lower courts, determining if legal errors occurred during the initial trial.
Example:
If a defendant believes their trial was unfair, they can take their case to a Court of Appeals to seek a review of the verdict.
Courts of Original Jurisdiction
Courts where a case is heard for the first time, typically involving the initial presentation of evidence and arguments.
Example:
A local district court would serve as a Court of Original Jurisdiction for a new criminal case.
Federal Court of Appeals (Nigeria)
A Nigerian court that hears appeals from state courts and has 72 branches across the country.
Example:
If a case from a state high court in Nigeria is appealed, it would typically go to the Federal Court of Appeals (Nigeria).
Judicial Review
The power of a court to determine whether a law or government action is constitutional, and to nullify it if it is found to be unconstitutional.
Example:
In Mexico, the Supreme Court can exercise Judicial Review to strike down a law passed by the legislature if it violates the constitution.
Law Lords
Members of the House of Lords who previously performed the judicial functions of the highest court in the UK before the creation of the Supreme Court in 2009.
Example:
Before 2009, the Law Lords were the ultimate judicial authority in the UK, blending legislative and judicial roles.
Parliamentary Sovereignty
A core principle of the UK constitution where the Parliament has ultimate legal authority and its laws cannot be overturned by any other body, including the judiciary.
Example:
Due to Parliamentary Sovereignty, the UK Supreme Court cannot declare a law passed by Parliament unconstitutional.
People's Court (China)
The four-tiered judicial system in China, comprising grassroots, intermediate, higher, and supreme courts.
Example:
A civil dispute in a small town in China would likely begin in a local People's Court.
People's Procuratorate
The state agency in China responsible for public prosecution and legal supervision, including providing public defenders.
Example:
The People's Procuratorate would be responsible for bringing charges against a suspect in a criminal case in China.
Plenum (Mexico)
The full body of 11 ministers of the Mexican Supreme Court, which convenes to decide on major constitutional issues.
Example:
When a highly significant constitutional question arises, the entire Plenum (Mexico) of the Supreme Court will deliberate and issue a ruling.
Qanun
Secular laws in Iran that are passed by legislative bodies, which must comply with sharia law.
Example:
The Iranian Parliament might pass a new tax law, which would be considered Qanun, but it must align with Islamic legal principles.
Rule by Law
A system where the law is used as an instrument of control by the ruling power, often without the same accountability for those in power.
Example:
In China, despite having a legal code, the judiciary often operates under Rule by Law, where the CCP uses the legal system to enforce its will.
Rule of Law
A principle stating that everyone, including government officials, is subject to and accountable under the law, ensuring fairness and predictability.
Example:
In a country adhering to the Rule of Law, even the president must face legal consequences if they break the law.
Sharia
Islamic law derived from the Quran and the teachings of Prophet Muhammad, serving as the foundation for Iran's legal system and influencing courts in northern Nigeria.
Example:
In Iran, all secular laws, or Qanun, must be reviewed to ensure they do not contradict Sharia principles.
Supreme Court (Mexico)
The highest federal court in Mexico, responsible for determining the constitutionality of laws and enforcing the law under the Constitution.
Example:
The Supreme Court (Mexico) frequently hears cases challenging the legality of government actions based on constitutional provisions.
Supreme Court (Nigeria)
The highest court in Nigeria, primarily serving as an appellate court but also having original jurisdiction in disputes between states or between a state and the federal government.
Example:
A major legal dispute between two Nigerian states over oil revenue would be heard directly by the Supreme Court (Nigeria).
Supreme Court (Russia)
The highest court in Russia for administrative, civil, and criminal law, serving as the court of last resort for these matters.
Example:
After exhausting all appeals in lower courts, a complex criminal case might reach the Supreme Court (Russia) for a final decision.
Supreme Court (UK)
The highest court in the United Kingdom, established in 2009, which serves as the final court of appeal for civil and criminal cases.
Example:
The Supreme Court (UK) might rule on a complex constitutional matter, but it cannot overturn an act of Parliament.