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Supreme Courts in Transition in China and the West

Part of the Ius Gentium: Comparative Perspectives on Law and Justice Book Series (volume 59)

Editors: van Rhee, Cornelis Hendrik (Remco); Fu, Yulin

DOI: 10.1007/978-3-319-52344-6

ISBN: 978-3-319-52343-9

Publisher: Springer International Publishing - Springer Journals

Feb 21, 2017

1 - 10 of 11 Chapters

LitStream

Chapter 1Introduction

van Rhee, C. H. (Remco); Fu, Yulin

Pages: 1 –12

[When can a court be classified as a supreme court? This question is rarely asked in discussions about supreme courts, which is surprising. Very often it is assumed that courts high up in the judicial hierarchy that produce influential case law can be classified as such, but obviously more is...
LitStream

Chapter 2The Chinese Supreme People’s Court in Transition

Fu, Yulin

Pages: 13 –36

[In China, the court system consists of four-level ordinary courts that lie at the core of the system, special courts and military courts. The next higher court to the first instance court has appellate jurisdiction as the second instance, and the decision by this court is final and cannot be...
LitStream

Chapter 3The Supreme Court of the United Kingdom: A Selective Tribunal with the Final Say on Most Matters

Andrews, Neil

Pages: 37 –51

[The decisions of the Supreme Court of the United Kingdom are binding on all lower civil and criminal courts in England and Wales and in Northern Ireland, and on Scottish civil courts if the appeal emanates from Scotland. The Court decides fundamental questions concerning judge-made law (the...
LitStream

Chapter 4From Courts of Appeal to Courts of Precedent—Access to the Highest Courts in the Nordic Countries

Sunde, Jørn Øyrehagen

Pages: 53 –76

[In none of the Nordic countries does one find unlimited access of appeal in civil cases to the highest courts. The Swedish, Finnish, Danish and Norwegian Supreme Courts operate with a qualitative criterion, where the precedent effect for other cases is decisive for granting access to the highest...
LitStream

Chapter 5The Supreme Cassation Court of the Netherlands: Efficient Engineer for the Unity and Development of the Law

Verkerk, R. R.; van Rhee, C. H. (Remco)

Pages: 77 –96

[The Dutch Supreme Cassation Court was established in 1838 within the context of the French cassation tradition. From its inception important improvements were implemented when compared to the French model, for example the rule that cassation appeal would be allowed only one time in any single...
LitStream

Chapter 6Civil Cassation in Spain: Past, Present, and Future

de Benito, Marco

Pages: 97 –130

[This study presents the evolution of the Spanish Supreme Court and cassation appeal. The Supreme Court of Spain was created in 1812 and definitively installed in 1836. It remained the highest court until the Constitutional Court, open to third parties, was created in 1978. Similarly, Spanish...
LitStream

Chapter 7Squaring the Circle: Individual Rights and the General Interest Before the Supreme Courts of the German-Speaking Countries

Domej, Tanja

Pages: 131 –148

[In the German-speaking jurisdictions, the supreme courts have a hybrid role. They are expected to ensure the uniform application of the law and to contribute to the development of the law. In addition, they are still very much perceived as guardians of individual rights. The rules on access to...
LitStream

Chapter 8The End of Cassation in Chile? Recourse to the Chilean Supreme Court in Civil Matters

Bravo-Hurtado, Pablo

Pages: 149 –173

[At the moment of its creation (1823), the Chilean Supreme Court had five judges. In reaction to the codification period and because of its subsequent increasing caseload, the Court expanded and today has twenty-one judges. The function of the Supreme Court was amended in 1902 to include...
LitStream

Chapter 9The French Court of Cassation: On the Threshold of a Quiet Revolution?

Ferrand, Frédérique

Pages: 175 –206

[Already in 1790 the ‘regulating role’ (rôle régulateur) of the Tribunal of Cassation was stressed. Legal unity was and still remains the principal aim of cassation. It is, however, not the only aim. For historical reasons, the task to develop the law has never been officially acknowledged;...
LitStream

Chapter 10Changing Faces of Post-socialist Supreme Courts: Croatia and Slovenia Compared

Uzelac, A.; Galič, Aleš

Pages: 207 –228

[While both Croatia and Slovenia belong to the circle of successor countries of the former Yugoslavia, and share common roots and traditions, developments pertaining to legal reforms since the 1990s proceeded at different speeds and, partly, in different directions. This paper compares...

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