(Redirected from Chief justice)
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 the United States, the
Supreme Court of Canada, the
Supreme Court of India, the
Supreme Court of Ireland, the
Supreme Court of New Zealand, the
Supreme Court of Justice of the Nation (Mexico), or provincial or state
supreme courts. 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.
There can also be a chief justice in the highest court of a constitutive state or even a territory, as it was formerly in Dakota, New Mexico and Oregon in the U.S.
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; the title of this top American jurist, often incorrectly said to be "Chief Justice of the Supreme Court", is actually
Chief Justice of the United States, by statute.
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.
Competence
The Chief Justice is often responsible for serving as chair during private supreme court deliberations, and often is first to voice his 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. His 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.
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 administers the oath of office at the
inauguration ceremony of the
President of the United States.
★ An extraordinary historical Chief Justice's mandate was in the case of the Tripartite German-UK-US Protectorate of (West)
Samoa, administered by the joint
Consuls of the three protecting powers, where he had the power to decide "any question ... respecting the rightful appointment and election of native Kings or any other Chief claiming authority over the islands, or respecting the validity of the power which the King or any Chief may claim in the exercise of his office." The Chief Justice was named by agreement of the three powers, or, failing their agreement, by the
king of Sweden. The incumbents were:
★
★
January 2,
1891 –
November 3,
1893 :
Conrad Cedercrantz (Sweden, b. 1854 - d. 1932)
★
★
November 3,
1893 –
1897 :
Henry Clay Ide (U.S.)
★
★
1897 – July,
1899 :
William Lea Chambers (U.S., b. 1852 - d. 1933); President of the Supervisory Committee
June 22,
1898 –
December 31,
1898
★
★ July,
1899 –
March 1,
1900 :
Luther Wood Osborn (acting) (former U.S. Consul, b. 1843 - d. 1901)
List of Chief Justice positions
★
Chief Justice of Australia
★
Chief Justice of Canada
★
Chief Justice of Fiji
★
Chief Justice of the Court of Final Appeal of Hong Kong
★
Chief Justice of India
★
Chief Justice of Ireland
★
Chief Justice of Malaysia
★
Chief Justice of New Zealand
★
Chief Justice of Pakistan
★
Chief Justice of the Philippines
★
Chief Justice of Singapore
★
Chief Justice of South Africa
★
Chief Justice of the United States
★
Lord Chief Justice of England and Wales
★
Lord Chief Justice of Ireland
★
Lord Chief Justice of Northern Ireland
★
Lord President of the Court of Session and Lord Justice General of Scotland
See also
★
Associate justice
★
Puisne judge
Sources and references
(sadly incomplete)
★
WorldStatesmen- here Samoa