An Introduction to International Jurisdictional Structures

Every country organises its legal system to varying degrees.

This makes it challenging for anyone interested in law to understand how courts and legal authority differ across jurisdictions.

International Legislation

At the international level, one of the most significant institutions is the Court of Justice of the European Union. It is the highest judicial authority in the European Union and is based in Luxembourg. It operates in several languages.

It is important to understand that the application of European Union law is not limited to the Court of Justice. National courts and tribunals in Member States must also apply this law. In practice, the Court of Justice and national courts work together to ensure that European Union law is interpreted and applied consistently.

To understand how a legal system works within a particular country, it is helpful to use diagrams that show each institution and its place within the wider structure.

The United Kingdom

The United Kingdom contains three separate legal systems: England and Wales, Northern Ireland and Scotland.

England and Wales

English law is the foundation of the common law tradition used in many countries. It differs from civil law systems and mixed systems such as the one used in Scotland.

Common law is built on judicial decisions. Judges assess the facts of each case and apply legal principles developed through earlier decisions. Lower courts must follow decisions made by higher courts.

Northern Ireland

The law of Northern Ireland is based largely on English common law, although it has developed its own features. The criminal justice system was significantly reformed after the Belfast Agreement, which led to the introduction of the Justice (Northern Ireland) Act 2002. After this first mention, it is referred to as the 2002 Act.

Scotland

Scotland has a mixed legal system that combines Romano‑civil law, influenced by the Justinian Code, with elements of common law that developed after the union with England. It is often compared to the legal system of South Africa.

Scottish law differs from the law of England and Northern Ireland in areas such as property, criminal law, succession and family law. Scottish juries can return three verdicts: guilty, not guilty or not proven.

Canada

Canada has a national court system, but each province and territory also has its own courts. The Supreme Court of Canada oversees the entire structure.

Courts administer justice by resolving disputes and prosecuting crimes in accordance with Canada’s constitutional and legal framework. The Constitution of Canada gives the federal government authority over criminal law and public law. Provinces have authority over civil law matters and are responsible for administering justice within their territory.

Quebec

Quebec uses a pyramidal court structure. Canada does not divide its judicial system into separate federal and provincial hierarchies. Most courts can hear cases involving provincial law, federal law, civil matters, criminal matters and constitutional issues. As a result, the system is relatively unified.

The Parliament of Quebec administers Quebec’s courts. This structure exists partly because the Superior Court and the Court of Appeal of Quebec were created before the British North America Act 1867. After this first mention, it is referred to as the 1867 Act.

Depending on the amount in dispute and the type of remedy sought, cases begin in different first‑instance courts. Appeals may go to the Quebec Court of Appeal and, if the matter is of national importance, to the Supreme Court of Canada.

France

France has two separate court systems: the judicial order and the administrative order. This division protects fundamental freedoms.

Judicial Order

Courts in the judicial order resolve disputes between private individuals and prosecute criminal offences.

Administrative Order

Administrative courts hear cases involving public bodies. A special body known as the Conflict Tribunal resolves disagreements about whether a case belongs in the judicial or administrative order.

Germany

Germany is a federal state, so its judicial system also has a federal structure. It contains five specialised branches of courts.

Jurisdiction is shared between federal courts and the courts of the sixteen federal states, known as Länder. State courts handle most of the work involved in administering justice.

United States

The United States is a federal system with a central federal government and individual governments for each of the fifty states. Each state has its own judicial system, and the federal government operates a separate federal court system.

Both systems follow a similar structure. Cases begin in first‑instance courts. Decisions can be appealed to courts of appeal and, in important cases, to the Supreme Court.

State Courts

Each state has its own pyramid‑shaped court structure. Local courts at county, city and village level are staffed by magistrates who exercise judicial authority under state law.

Federal Courts

The federal system mirrors the state structure. Federal courts hear cases involving federal law, constitutional matters and disputes between states.