Table 7.1
Supreme Courts Compared
Switzerland
France
Germany
U.S.
Number of justices
54*
11
11
9
Justices nominated by...
legislature
president
prime minister
president
Justices approved by...
legislature
legislature
legislature
2/3 of Senate
Length of term
six years
life
life
life
Percent of judges who are attorneys+
less than 80%
more than 90%
more than 90%
100%
Power to declare local laws void
yes**
yes
yes
yes
Power to declare federal laws void***
no
(yes)
(yes)
yes
Source: Alexis de Tocqueville Institution, "Supreme courts compared," Research Memorandum, 1999, copyright AdTI, all rights reserved.
Notes: * -- Thirty-nine justices on the federal court and members of the federal insurance court. Does not include thirty-nine "extraordinary" alternate justices for the main court or nine for the insurance court, which would bring the total to 92.
** -- This power is used more sparingly in Switzerland than in the other countries; see chapter 13.
+ -- From last fifty justices for U.S. and Switzerland; current members of German and French courts.
*** -- French and German justices have rights of judicial review but it is more recent and less sweeping than the American use of the principle.