Supreme Court of Nauru

The Supreme Court of Nauru is the highest court in the judicial system of the Republic of Nauru.

It is established by part V of the Constitution, adopted upon Nauru's independence from Australia in 1968. Art. 48 of the Constitution establishes the Supreme Court as "a superior court of record", with jurisdiction prescribed constitutionally and by law. Art.49 stipulates that the Chief Justice is appointed by the President and sits with other justices, likewise appointed by the President, whose number is to be determined by law. Only barristers and solicitors who have been practising for at least five years may be appointed to the Supreme Court. Articles 50 and 51 prescribe that a Supreme Court judge vacates his or her office upon attaining the age of 65 (unless that age limit be amended by legislation), or upon being removed for incapacity or misconduct by a motion adopted by at least two thirds of members of Parliament, or upon tending his or her resignation to the President. Art.54 stipulates that "[t]he Supreme Court shall, to the exclusion of any other court, have original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of th[e] Constitution"; art.55 prescribes that Cabinet "may refer questions on Constitution to the Supreme Court", and that "the Supreme Court shall pronounce in open court its opinion on the question". Thus the Supreme Court is empowered to deliver an advisory opinion, albeit only upon questions referred to it by Cabinet.

The Supreme Court has both original and appellate jurisdiction. The Pacific Islands Legal Information Institute notes that the Supreme Court "has unlimited original civil jurisdiction and although the Courts Act [1972] does not so specify it is assumed that it has original criminal jurisdiction". Additionally, as per the Appeals Act 1972, the Supreme Court hears appeals from the District Court in both criminal and civil cases, on questions of fact or law. The Family Court, however, functions separately, and no appeal is possible from this court to the Supreme Court.

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