The role of a Supreme Court

Abstract

From the link between organic and functional traits, this paper provides rationales to grasp the identity of the institution located at the apex of the judicial structure in the legal system.   This effort leads to the distinction between supreme courts, courts of cassation or supreme courts. According differentiating criteria that are constructed from structural functional aspects and those relating to the judicial procedures, certiorary, equal protection and individual rights, among others, this work provides the main characteristics of a supreme court, as well as of the supreme courts and the courts of cassation. Finally we point out some contradictions in the composition and integration of our supreme court, if we assume the diversity of functions to be undertaken by this Court.