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DispatchFactbookOverview

by The Constitutional Monarchy of Jamesburgh. . 8 reads.

Basic Law: The Courts

GENERAL PROVISIONS

The judicial power is vested in a national judicature consisting of the Constitutional Council, the Court of Cassation, and other lower courts that Parliament may establish as needed.

Judicial elections are forbidden in all courts. The method of appointment, retention, and removal of judges, where not already provided for, shall be determined by Parliament.

All judges must be at least forty years of age at the time they are appointed, of the highest moral character and intellectual ability, and admitted to the practice of law in Jamesburgh for at least fifteen years prior to appointment. No judge is eligible for any other public office or for any other public employment during their term of office. No judge may practice law during their continuance in office, hold any office in a political party or actively take part in any political campaign, or hold any office or position that may reasonably give rise to the appearance of corruption or impropriety. Any judge who files nomination papers for an elective office immediately forfeits their judicial office. A judge's compensation may not be diminished during their continuance in office. All judges must retire upon reaching their seventieth birthday. Any judge convicted of a felony or any crime involving dishonesty immediately forfeits their judicial office.

THE CONSTITUTIONAL COUNCIL

The Constitutional Council consists of fifteen judges. Every four years, the Constitutional Council must elect from among their number a Lord President to preside over arguments and facilitate the Council’s administrative functions as needed. Judges serve for sixteen-year, non-renewable terms.

It is emphatically the province and duty of the judiciary to say what the law is. As such, the Constitutional Council has the power to declare any unreasonable or arbitrary state action invalid. Laws, statutes, rules, regulations, and ordinances finally determined to be invalid are automatically stricken from the legislative record as if repealed by Parliament. The state's imposition of a tax or the state's valuation of real property for the purpose if imposing a tax cannot be invalidated or modified by any court unless that imposition or valuation is arbitrary or capricious; if any rational basis supports the imposition or valuation, it must be upheld.

Streitbare Demokratie: The Constitutional Council has the power to nullify, on its own motion, any state action and ban political parties that the Council deems fundamentally destructive of the constitutional order or human rights. This power is to be exercised with the greatest of care and restraint. This power does not extend to votes of no confidence.

The Constitutional Council has the exclusive right of judicial review. By means of the Writ of Auxilium, any person subject to the jurisdiction of Jamesburgh may allege that their rights under the Charter of Rights and Freedoms or international law have been violated and obtain relief. Any other court that is convinced a particular law at issue in a case before it violates the Charter of Rights and Freedoms or international law must stay the case and bring that law for review before the Constitutional Council.

The Constitutional Council shall adjudicate all election disputes and disputes concerning the qualifications of government officials.

THE COURT OF CASSATION

The Court of Cassation consists of thirteen members: twelve Lords of Appeal and one Lord President of Appeal. They serve for sixteen-year, non-renewable terms.

The Court of Cassation has original and exclusive jurisdiction in cases involving foreign diplomats. In all other cases except those originating in or referred to the Constitutional Council, the Court of Cassation has discretionary appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as Parliament may prescribe. The Court of Cassation has the power to make rules relative to all procedural matters in any court other than the Constitutional Council and issue any orders necessary and proper to the complete exercise of its power.

THE COURTS OF APPEAL



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