Can a High Court overrule another High Court?
Asked by: Marshall Bernhard | Last update: February 13, 2026Score: 4.1/5 (65 votes)
No, one High Court generally cannot directly overrule another High Court because they are courts of coordinate jurisdiction (equal standing); instead, a higher appellate court (like a Court of Appeal or Supreme Court) overrules a High Court's decision, or High Courts rely on other High Courts' rulings as persuasive precedent, not binding law, with the Supreme Court being the ultimate authority for all.
Which court has the power to overrule?
Another factor that the Supreme Court may consider when determining whether to overrule a precedent is whether the precedent's rules or standards are too difficult for lower federal courts or other interpreters to apply and are thus “unworkable.” Inconsistency with Related Decisions.
Can a lower court overrule a higher court?
Of course, vertical stare decisis (precedent as between decisions of higher and lower courts) is stronger than its horizontal counterpart (precedent as between decisions of the same court). That makes sense, given that a lower court can't overrule a higher court's precedent.
Who can reverse the decision of a High Court?
In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court ...
Can judges overrule other judges?
The general rule is that one trial judge may not modify or overrule an order entered by another trial judge on a matter of law. If the order is about a matter of discretion rather than a matter of law, the second judge may modify it, but only if there has been a substantial change in circumstances.
Supreme Court Delivers 9–0 Unanimous Ruling With Major Constitutional Impact (What Comes Next)
Who has more authority than a judge?
While judges hold significant authority in court, others wield different forms of power, including Legislators (Congress) who make laws judges interpret, the President who enforces them and appoints judges, Prosecutors (DAs) who heavily influence case outcomes through charging decisions, and even Juries who determine facts, all operating within a system of checks and balances where power is distributed, not absolute.
What can I do if a judge is biased?
File Appeal to Send Decision to a Higher Court
If a ruling has already been made in your case, and you and your legal representation feel the judge's biases have impacted the decision, you can file an appeal to have the case elevated to a higher court.
Which court can overturn a decision?
Higher courts may overturn the decisions of lower courts. Supreme courts can also overturn precedents established in previous court decisions. In the United States, the U.S. Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction.
Can a judge go back and change his ruling?
The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.
Is Article 32 a fundamental right?
(4)The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. Editorial Comment - Article 32 of the Indian Constitution is a fundamental right that guarantees the right to constitutional remedies.
Can the Supreme Court be overruled?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Can the president change the number of Supreme Court justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
Are precedents ever overturned?
In sum, precedent about precedent tells future Courts how to evaluate precedent — the weight to give to reliance interests, how wrong the prior decision needs to be to overrule it, and so forth. But sometimes the Court overrules a prior precedent about precedent, as it did in Dobbs.
What court has the highest power?
The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Who can overrule in court?
Judges have broad discretion in sustaining or overruling objections based on local rules. Specific statutes outline the grounds for objections and the judge's authority to overrule them. Judges may require a more detailed explanation for overruling objections in certain cases.
What is a judge not allowed to do?
Judges are prohibited from engaging in improper conduct that compromises fairness, impartiality, or integrity, including accepting bribes, showing bias (based on race, gender, etc.), discussing cases privately with one side, using their office for personal gain, making political endorsements, or acting rudely, and must recuse themselves from conflicts of interest, all while upholding the law and avoiding the appearance of impropriety.
Can a judge overturn a jury's verdict?
Yes, a judge can overrule or set aside a jury's verdict, but it's rare and only happens under specific legal circumstances, like when there's insufficient evidence to support the verdict, the jury misapplied the law, or damages are grossly excessive, using mechanisms like a Judgment Notwithstanding the Verdict (JNOV) or Judgment of Acquittal. Judges must respect jury decisions, so they generally only intervene when a verdict is clearly unreasonable or against the law, not simply because they disagree with the outcome.
Can a judge go back on a ruling?
A: A judge can make a mistake, but it may not significantly impact the outcome of the case; in that event, it is not deemed prejudicial and the decision remains. Or a judge can be found to have erred to such a degree, the outcome has to be reconsidered, vacated in whole or in part, or reversed.
What are the two ways to overturn a court ruling?
According to Article V of the Constitution, such amendments can be proposed by a two-thirds majority in both houses of Congress or by a convention called at the request of two-thirds of state legislatures.
What is the 14th amendment Section 3?
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State ...
Who can overrule a judge?
Only appellate justices have the power to overturn another judge's ruling.
Who holds judges accountable for their actions?
Judges are held accountable through internal judicial oversight (like judicial councils investigating complaints), external disciplinary bodies (like state commissions on judicial performance), appeals courts, and legislative impeachment processes for federal judges, alongside public accountability via open court proceedings, ethical codes, and elections for some state judges. Anyone can file complaints, but investigations and potential sanctions (warnings, suspension, or removal) are handled by specific bodies that balance judicial independence with public trust, notes this page from the US Courts website.
What is considered unethical behavior by a judge?
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
What not to say to a judge in court?
You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility.