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Word Count: 4,113
1-I shall begin with a commonplace truism there are big differencesbetween the Supreme Courts of Western Europe These differences concernthe following aspects the constitutional position the historicalbackground the ways of recruitment of the judges the limitation inaccess to the parties the appellability of findings of fact the timelimits for reviewing the case the tasks related to secondary matterslike the nomination of the judges in the lower courts the legitimacyfor disciplinary action against judges the competence in first andlast instance for special offences the verification of admissibilityof popular referendum and so onThe biggest difference was till some years ago between the late BritishHouse of Lords and all the others European Supreme Courts The first wasa medieval body trying to do a modern job Here you found a dozen judgeswho at the same time as acting as the Supreme Court of UK sat in thesecond legislative chamber which is not elected This was hard tounderstand for a continental lawyer used to the doctrine of separationof powers and to professional judges chosen by means of a publiccompetition But it seems that it worked fairly well respecting thestandards of modern democracies thanks to the practical adjustments asis till now usual in Great BritainHowever in spite of all their contemporary differences the SupremeCourts in Western Europe from the German Revisionsgericht to theFrench Cour de Cassation to the Italian Corte di Cassazione to theSpanish Tribunal Supremo to the actual British Supreme Courtestablished by Part 3 of the HYPERLINKhttpenwikipediaorgwikiConstitutionalReformAct2005 oConstitutional Reform Act 2005 Constitutional Reform Act 2005 theyall have in common the same fundamental task which they perform throughthe appeals of the interested parties They are there to ensure theunity of the law through uniform interpretation and application of therules2- Uniform interpretation means compliance with the authority of theprecedents whatever the implications of this So we are thereforebeset by a most complicated set of problems which it is not myintention to deal with here except
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