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.