The Court of Cassation is the highest court of appeal in the French judicial system. Its name is pronounced as /kɔrtʊv kæ’seɪʃən/ in IPA phonetic transcription. The spelling of "cassation" comes from the French verb "casser," meaning "to break" or "to annul." The word "cassation" refers to the act of canceling or invalidating a decision made by a lower court. Therefore, the Court of Cassation's role is to review lower court decisions and ensure they are in compliance with French law.
The Court of Cassation, also known as the Supreme Court or Court of Final Appeal, is a judicial institution found in many civil law jurisdictions. It serves as the highest appellate court and its primary function is to review judgments and decisions made by lower courts to ensure they comply with the law. The Court of Cassation's role is not to reexamine the facts of a case, but rather to review the application and interpretation of the law by the lower courts.
In this context, the Court of Cassation acts as the ultimate arbiter of the constitutionality, legality, and correct application of laws. Its decisions are binding and have an enormous impact on legal certainty and the uniformity of legal interpretation within the jurisdiction.
The judges of the Court of Cassation are typically experienced and highly respected legal professionals. Their duty is to review the lower court's judgment, focusing on alleged legal errors, violations of constitutional or statutory provisions, or misapplication of established legal principles. The Court of Cassation may quash or affirm a lower court's decision and may remit the case back to that court for retrial if necessary.
The Court of Cassation plays a critical role in safeguarding the rule of law, ensuring that justice is fairly and consistently administered. Its establishment enhances public trust in the judicial system, providing an avenue for recourse for individuals who believe their rights have been violated or legal errors have occurred during the judicial process.
The highest court of appeal in France.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.