The original Pennsylvania constitutions, drafted by William Penn, established a Provincial Court under the control of his British governors.

The General Assembly, however, espoused the principle of separation of powers and formally called for a third branch of government starting with the 1701 Judiciary Bill.

Until 1776, legislation and judicial decisions in Pennsylvania, as in various American colonies, were subject to review by the Privy Council of the United Kingdom in London.

Interpreting the Pennsylvania Constitution, it was one of the first appellate courts in the United States to claim the power to declare laws made by an elected legislative body unconstitutional (Respublica v. Duquet, 2 Yeates 493 (1799)).

If the judge is not retained, the governor, subject to the approval of the State Senate, appoints a temporary replacement until a special election can be held.

After the 2005 Pennsylvania General Assembly pay raise controversy, Justice Russell M. Nigro received a majority of no votes in the election of 2005.