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appeal
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law.〔See generally, Keenan D. Kmiec, ''The Origin & Current Meanings of "Judicial Activism"'', 92 1441, 1442 (2004) (discussing contemporary discourse regarding judicial activism); Jonathan Mallamud, ''Prospective Limitation and the Rights of the Accused'', 56 321, 359 (1970) ("the power of the courts to contribute to the growth of the law in keeping with the demands of society”); ''Realist Jurisprudence & Prospective Overruling'', 109 1, 6 (1960) (discussing appeals as “a deliberate and conscious technique of judicial lawmaking”).〕 Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the nineteenth century.〔Stan Keillor, ''Should Minnesota Recognize A State Constitutional Right to A Criminal Appeal?'', 36 399, 402 (2013).〕
== History ==
Appellate courts and other systems of error correction have existed for millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land.〔Joseph W. Dellapenna & Joyeeta Gupta, 29 (2009).〕 Ancient Roman law employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor.〔Paul Du Plessis, 82 (2015).〕 Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, the Shogunate established ''hikitsuke'', a high appellate court to aid the state in adjudicating lawsuits.〔John Stewart Bowman, 133 (2013).〕 In the Eighteenth century, William Blackstone observed in his Commentaries on the Laws of England that appeals existed as a form of error correction in the common law during the reign of Edward III of England.〔, (the Third - Chapter the Twenty-Fifth: Of Proceedings, In the Nature of Appeals ).〕
Although some scholars argue that "the right to appeal is itself a substantive liberty interest,"〔Gary Stein, ''Expanding the Due Process Rights of Indigent Litigants: Will Texaco Trickle Down?'', 61 463, 487-88 (1986) (internal quotation marks omitted).〕 the notion of a right to appeal is a relatively recent advent. Common law jurisdictions were particularly "slow to incorporate a right to appeal into either its civil or criminal jurisprudence."〔Stan Keillor, ''Should Minnesota Recognize A State Constitutional Right to A Criminal Appeal?'', 36 399, 402 (2013)〕 For example, the United States first created a system of federal appellate courts in 1789, but a federal right to appeal did not exist in the United States until 1889, when Congress passed the Judiciary Act to permit appeals in capital cases.〔Act of Feb. 6, 1889, ch. 113, § 6, 25 Stat. 656, 656.〕 Two years later, the right to appeals was extended to other criminal cases, and the United States Courts of Appeals were established to review decisions from district courts.〔Mar. 3, 1891, ch. 517, § 5; 26 Stat. 826, 827-28.〕 Some states, such as Minnesota, still do not formally recognize a right to criminal appeals.〔''Spann v. State'', 704 N.W.2d 486, 491 (Minn. 2005) (but noting that the right to at least one review by direct appeal or postconviction review has been recognized in Minnesota); Stan Keillor, ''Should Minnesota Recognize A State Constitutional Right to A Criminal Appeal?'', 36 399, 401-02 (2013) ("()aying 'there is no constitutional right to appeal' in criminal cases is a shibboleth.").〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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