All countries with judiciaries allocate judicial authority to various courts. Allocations can be vertical (eg, original or appellate) or horizontal (eg, by geography, subject-matter, party status, or relief sought). Typical values driving allocations include specialisation, convenience, workability, and legitimacy. Allocations often appear in ordinary legislation, but some allocations are established in constitutions and fundamental laws.

This chapter describes, analyzes, and categorises how and why countries constitutionalise allocations of judicial authority. It makes a descriptive contribution by documenting and organizing the different choices that countries have made in constitutionalising aspects of judicial allocation. Of particular focus are the various constitutional courts, different vertical allocations (eg, the contrast between the detailed constitutional hierarchies in the South Africa Constitution and the less detailed vertical allocations in the US Constitution), and the range of constitutional horizontal allocations (eg, specialised jurisdiction, religious courts, and geographic parameters). The chapter also makes an analytical contribution by positing that the choice to constitutionalise aspects of judicial allocation is influenced by three sets of factors: (1) underlying dimensions of the country’s governmental character, such as commitments to the separation of powers or regional autonomy; (2) the country’s territorial size, its variability of laws, and any demographic divisions within the populace; and (3) the history, tradition, and values of the country. A primary conclusion is that although countries differ widely in the details of their constitutional judicial allocations, they also exhibit, at higher levels of generality, broad similarities within groups.