Chief Justice
Encyclopedia
The Chief Justice in many countries is the name for the presiding member of a Supreme Court
in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law
, such as the Supreme Court of Canada
, the Constitutional Court of South Africa
, the Court of Final Appeal of Hong Kong, the Supreme Court of India
, the Supreme Court of Pakistan
, the Supreme Court of Nepal, the Supreme Court of Ireland, the Supreme Court of New Zealand
, the High Court of Australia
, the Supreme Court of the United States
, or provincial or state supreme court
s. In England and Wales
and Northern Ireland
, the equivalent position is the Lord Chief Justice and in Scotland
the equivalent is the Lord President of the Court of Session
.
The Chief Justice can be appointed to the post in a variety of different ways, but in many nations the presiding position is commonly given to the senior-most justice in the court, while in the United States it is often the President's most important political nomination, subject to approval by the United States Senate
. Although the title of this top American jurist is, by statute, Chief Justice of the United States
, the term "Chief Justice of the Supreme Court" is often used unofficially.
In some states the Chief Justice has another title, e.g. president
of the Supreme Court.
In other cases the title of Chief Justice is used, but the court has another name, e.g. the Supreme Court of Judicature
in colonial (British) Ceylon, the Court of Appeals
in Maryland
.
In several countries, the Chief Justice is second in line to the Office of President or Governor General, should the incumbent die or resign, or third, if there is a Vice President or Lieutenant Governor General. For example, the Chief Justice of Canada
, if the Governor General of Canada
is unable to perform his or her duties, performs the duties of the Governor General.
Apart from their intrinsic role in litigation, they may have additional competences, such as "swearing in" high officers of state; for instance, the Chief Justice of the United States
traditionally administers the oath of office at the inauguration
ceremony of the President of the United States
, as does the Chief Justice of South Africa
at the inauguration of the President of South Africa
.
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, such as the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, the Constitutional Court of South Africa
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
, the Court of Final Appeal of Hong Kong, the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
, the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
, the Supreme Court of Nepal, the Supreme Court of Ireland, the Supreme Court of New Zealand
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
, the High Court of Australia
High Court of Australia
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, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, or provincial or state supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
s. In England and Wales
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, the equivalent position is the Lord Chief Justice and in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
the equivalent is the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
.
The Chief Justice can be appointed to the post in a variety of different ways, but in many nations the presiding position is commonly given to the senior-most justice in the court, while in the United States it is often the President's most important political nomination, subject to approval by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. Although the title of this top American jurist is, by statute, Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
, the term "Chief Justice of the Supreme Court" is often used unofficially.
In some states the Chief Justice has another title, e.g. president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
of the Supreme Court.
In other cases the title of Chief Justice is used, but the court has another name, e.g. the Supreme Court of Judicature
Supreme Court of Judicature
Supreme Court of Judicature may refer to:* Supreme Court of Judicature . Supreme Court of Barbados* Supreme Court of Judicature , Supreme Court of Guyana* Supreme Court of Judicature , the supreme court in Ireland from 1877 to 1920...
in colonial (British) Ceylon, the Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
in Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
.
Competence
The Chief Justice is often responsible for serving as chair during private supreme court deliberations, and often is first to voice their opinion. However, most Supreme Courts are non-hierarchical, meaning the Chief Justice does not necessarily have any direct power of control over the actions of the other judges. Their personal ruling is equal in weight to the rulings of any associate judges on the court.In several countries, the Chief Justice is second in line to the Office of President or Governor General, should the incumbent die or resign, or third, if there is a Vice President or Lieutenant Governor General. For example, the Chief Justice of Canada
Chief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
, if the Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
is unable to perform his or her duties, performs the duties of the Governor General.
Apart from their intrinsic role in litigation, they may have additional competences, such as "swearing in" high officers of state; for instance, the Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
traditionally administers the oath of office at the inauguration
Inauguration
An inauguration is a formal ceremony to mark the beginning of a leader's term of office. An example is the ceremony in which the President of the United States officially takes the oath of office....
ceremony of the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, as does the Chief Justice of South Africa
Chief Justice of South Africa
The Chief Justice of South Africa is the head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts...
at the inauguration of the President of South Africa
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
.
List of Chief Justice positions
- Bailiff of GuernseyBailiff (Channel Islands)The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the...
- Bailiff of JerseyBailiff (Channel Islands)The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the...
- Chief Justice of AlbaniaChief Justice of AlbaniaThe Supreme Court of Albania consists of the Chief Justice of Albania and thirteen Judges, all appointed by the Assembly of the Republic of Albania . All thirteen are chosen from either sitting judges or barristers who have at least ten years' standing at the Bar of a province or territory...
- Chief Justice of AustraliaChief Justice of AustraliaThe Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
- Chief Justice of BangladeshChief Justice of BangladeshChief Justice of Bangladesh is the chief amongst the judges of the Supreme Court of Bangladesh He also is the head of the whole judicial establishment in the country, including subordinate courts....
- Chief Justice of CanadaChief Justice of CanadaThe Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
- Chief Justice of the Supreme Court of Estonia
- Chief Justice of FijiChief Justice (Fiji)The Chief Justice is Fiji's highest judicial officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted. ...
- Chief Justice of Hong Kong
- Chief Justice of IndiaChief Justice of IndiaThe Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....
- Chief Justice of IrelandChief Justice of IrelandThe Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
- Chief Justice of the Republic of Kenya
- Chief Justice of LiberiaChief Justice of LiberiaThe Chief Justice of Liberia is the head of the judicial branch of the Government of the Republic of Liberia and the chief judge of the Supreme Court of Liberia.-Appointment and term:...
- Chief Justice of MaltaChief Justice of MaltaThe Chief Justice of Malta is the primus inter pares of the judicial branch of the Republic of Malta. The Chief Justice leads the business of the Supreme Court and is appointed by the President of Malta acting in accordance with the advice of the Prime Minister of Malta...
- Chief Justice of MalaysiaChief Justice of MalaysiaThe Chief Justice of Malaysia , also known as the Chief Justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the Lord President of the Federal Court. The Chief Justice is the head...
- Chief Justice of the Federated States of MicronesiaChief Justice of the Federated States of MicronesiaThe Chief Justice of the Federated States of Micronesia is the seniormost judge of the Supreme Court of the Federated States of Micronesia. The position is established in art.XI, section 2 of the federal Constitution....
- Chief Justice of NamibiaChief Justice of NamibiaThe Chief Justice of Namibia is the head of the Supreme Court of Namibia, the highest appellate court in Namibia. It is the highest post in the Namibia's judicial system, presiding over the operation of the supreme court...
- Chief Justice of New ZealandChief Justice of New ZealandThe Chief Justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. Before the establishment of the latter court in 2004 the Chief Justice was the presiding judge in the High Court of New Zealand and was also ex officio a member of the...
- Chief Justice of the Supreme Court of NigeriaChief Justice of the Supreme Court of NigeriaThe Chief Justice of the Supreme Court of the Federal Republic of Nigeria is the head of the judicial branch of the government of Nigeria, and presides over the country's Supreme Court...
- Chief Justice of NorwayChief Justice of the Supreme Court of NorwayThe Chief Justice of the Supreme Court of Norway is the judicial leader of the Supreme Court of Norway.The following is a chronological list of chief justices since the court was established:...
- Chief Justice of Pakistan
- Chief Justices of the Federal Shariat CourtChief Justices of the Federal Shariat CourtThe Chief Justice heads the Federal Shariat Court of Pakistan. These are the names of the Chief Justices of the Federal Shariat Court of Pakistan, which came into being in 1980.-List: Temporal Order...
- Chief Justice of the PhilippinesChief Justice of the PhilippinesThe Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
- Chief Justice of SingaporeChief Justice of SingaporeThe Chief Justice of Singapore is the highest post in the judicial system of Singapore. The Chief Justice is appointed by the President, chosen from candidates recommended by the Prime Minister. The present Chief Justice is Chan Sek Keong....
- Chief Justice of Sri LankaChief Justice of Sri LankaThe Chief Justice of Sri Lanka is the highest post in the judicial system of Sri Lanka and heads the Supreme Court of Sri Lanka. The Chief Justice is appointed by the President, chosen from candidates recommended by the Constitutional Council...
- Chief Justice of South AfricaChief Justice of South AfricaThe Chief Justice of South Africa is the head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts...
- Chief Justice of TanzaniaChief Justice of TanzaniaThe Chief Justice of Tanzania is the highest judge of the mainland of the state United Republic of Tanzania. He is appointed by its President and presides the Court of Appeal of Tanzania.-History:...
- Chief Justice of Trinidad and TobagoChief Justice of Trinidad and TobagoThe Chief Justice of Trinidad and Tobago is the highest judge of the state Trinidad and Tobago and presides its Supreme Court of Judicature. He is appointed by a common decision of the President, the Prime Minister and the leader of the main opposition party....
- Chief Justice of ZanzibarChief Justice of ZanzibarThe Chief Justice of Zanzibar is the highest judge of Zanzibar, part of the state United Republic of Tanzania. He is appointed by the President of Zanzibar in consultation with the Judicial Services Commission and presides over the High Court for Zanzibar....
- Chief Justice of the United StatesChief Justice of the United StatesThe Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
- Lord Chief Justice of England and WalesLord Chief Justice of England and WalesThe Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
- Lord Chief Justice of IrelandLord Chief Justice of Irelandthumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
- Lord Chief Justice of Northern IrelandLord Chief Justice of Northern IrelandThe Lord Chief Justice of Northern Ireland is the head of the judiciary in Northern Ireland, presiding over the Courts of Northern Ireland. The present Lord Chief Justice of Northern Ireland is Sir Declan Morgan...
See also
- Associate justiceAssociate JusticeAssociate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
- Puisne judge
- Chief Justice of the Common PleasChief Justice of the Common PleasThe Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
- President of the Supreme Court of the United Kingdom
- Lord PresidentLord PresidentThe title Lord President may refer to one of several offices:*Lord President of the Council, the presiding officer of Her Majesty's Most Honourable Privy Council*Lord President of the Court of Session, the Chief Justice and Lord Justice General of Scotland...
- Chief judgeChief judgeChief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...