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Courts in Federal Countries

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  • Which countries use a Constitutional Court?

    Germany, Austria, Spain and South Africa all use variations of this model. In South Africa, in a departure from the practice followed in other federations that use constitutional courts, other courts also can entertain constitutional questions and the Constitutional Court itself has a very wide jurisdiction.

  • Which country has a shared or integrated court system?

    For the mentioned examples of the shared or integrated court systems, each country has its own distinct federal characteristics and terms. For the single court system examples, South Africa is a quasi-federal country and Myanmar is constituted as a union system (section 8).

  • What is the difference between federal and provincial jurisdiction?

    There is no clear distinction between federal (or union) and provincial jurisdiction; most courts, apart from the Federal Court and the Tax Court, are able to hear cases that combine the two (Hueglin 2006: 115–16). In India’s integrated court system, each state and region establishes its own lower court; these are at the bottom of the hierarchy.

  • Does Australia have a state court system?

    Both the union and each of the states has its own court hierarchy, and exercises federal and state jurisdiction, respectively (sections 75, 76). The High Court of Australia is at the apex of the system; it has appellate jurisdiction from both union and state courts, which has a unifying efect on Australian law (section 73).


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Courts in Federal Countries