The IALL blog wants to contribute to increased access and knowledge about supreme court decisions and constitutional law from the countries of our members. We have asked some of our members and participants of annual courses to write a short short about one of the topics based on three questions. First out is access to supreme court decisions in South Africa and Norway.
Stay tuned for next post from Philippines and Australia in January!
We hope more members would like to contribute to this blog post serie. If you want to contribute, send the blog editor an e-mail.
South Africa’s Supreme Court of Appeal, Bloemfontein.
By Khulekani Khumalo Chief Library Officer in the Office of the Chief State Law Adviser (International Law) Legal Library
The Supreme of Appeal (SCA) is the successor to the Appellate Division, which was first established in 1910 when the Union of South Africa was created, the name of the court was changed on the adoption of the Constitution in 1996.
SCA is except in respect of certain labour and competition matters, the second highest court in South Africa previously it and the Constitutional Court were both apex courts with different areas of jurisdiction. However, since August 2013 the Constitutional Court has been the highest court in all matters.
In terms of the Constitution the SCA: May decide any matter expect certain labour and competition matters but is purely an appeal court and it may deicide only appeals and issues connected with appeals.
The SCA consists of a President, Deputy President and a number of judges of appeal determined by an Act of Parliament. At present there are 23 permanently appointed judges in addition to the President and Deputy President. https://www.supremecourtofappeal.org.za/index.php/about-us
The court decisions are available online. https://www.supremecourtofappeal.org.za/index.php/judgements They are available in English only which is one of the twelve official languages in South Africa, they are not translated to other official languages of the country as there are court interpreters who are designated to translate court decisions.
Access to supreme court decisions in Norway
By Vivi Østbye, Supreme Court Librarian, Supreme Court of Norway
The Supreme Court of Norway (Norges Høyesterett) is the country’s highest court and one of three state powers. The Supreme Court is headed by the Chief Justice and has a total of 20 justices. The Supreme Court hears all types of cases and is thus the country’s highest constitutional court, administrative court, dispute tribunal and criminal court. In cases brought before it, the Supreme Court decides with a final force and effect the legal relationship between the parties.
Through its hearing of individual cases, the Supreme Court contributes to clarification and development of the law within the framework provided by the Constitution, domestic legislation and Norway’s obligations under international law. The Supreme Court’s interpretation of the law is also followed by other courts and by the legal community in general. Thus, the Supreme Court has decisive influence on applicable law in Norway.
Supreme Courts’ English site: https://www.domstol.no/en/supremecourt/
All the Supreme Court’s rulings by a division, a grand chamber and the plenary are found on our website, dating back to 2004. Summaries back to 2000. Reasoned rulings by the appeals Selection Committee dating back to 2010. Supreme Courts’ site: https://www.domstol.no/no/hoyesterett/avgjorelser/ (In Norwegian – free access)
Decisions are also available at e.g. Lovdata information system:
- Reasoned rulings by the Supreme Court dating back to 2008. https://lovdata.no/register/avgj%C3%B8relser (In Norwegian – Free access)
- Older decisions (published in Norsk Retstidende) dating back to 1925 (selected decisions dating back to 1832). https://pro.lovdata.no/ (In Norwegian – Subscription)
Summaries of all the Supreme Court’s rulings by a division, a grand chamber and the plenary are available in English translation, dating back to 2000. The Supreme Court also provides full-text translation of selected rulings. The selection is based on what we believe may be of interest outside of Norway.
Supreme Courts’ English site: https://www.domstol.no/en/supremecourt/rulings/ (In English – Free access)
Decisions (mostly summaries, some full text) dating back to 2008 are also available at e.g. Lovdata information system. https://lovdata.no/register/avgj%C3%B8relserEngelsk (In English – Free access)
