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you are here: > United Britain
> Article 51
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5. National Objects
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| Article 51- Judiciary | ||
| 51.1 | Judiciary | |
| The judicial power of the Nation shall be vested in one National Supreme Court (Supreme Court) and those inferior courts named and defined in this Charter. | ||
| Parliament may itself introduce further inferior courts as is deemed necessary to establish on condition that it does not conflict, corrupt or diminish the primary courts listed in this Charter. | ||
| 51.2 | Construction of the Supreme Court | |
| The Supreme Court shall consist of twelve (12) Justices appointed by the President upon the approval of both Houses of Parliament at a time of vacancy of position to the Supreme Court. | ||
| The tenure of a Justice of the Supreme Court shall be for a period of not greater than eight (8) years and subject to their good conduct and the confidence of Parliament. A Justice shall be required to resign within 30 days of their 80th birthday, regardless the remaining length of their tenure. | ||
| 51.3 | Original Law Jurisdiction | |
| The Original Law Jurisdiction of all Courts of the Society shall be according to the Original Laws as pronounced and promulgated by the Society as recognized by this Charter. | ||
| No law contradicting the Natural Law as demonstrated by the seven (7) Ucadia Patents and the body of Original Ucadian Law shall be recognized as having original jurisdiction as such law, by demonstrating unnatural logic is automatically null and voided. | ||
| 51.4 | Judicial, Civil and Criminal Codes | |
| By this Charter a Judicial Code shall be formed. All existing and new laws providing for judicial responsibility concerning Civil and Criminal Law shall be subject to inclusion in the Judicial Code. | ||
| By this Charter a Civil Code shall be formed. All existing and new laws providing for civil responsibility are subject to inclusion in the Civil Code. | ||
| By this Charter a Criminal Code shall be formed. All existing and new laws providing for criminal responsibility shall be subject to inclusion in the Criminal Code. | ||
| 51.5 | Supreme Court as Living Ambassador of Judicial, Civil and Criminal Laws | |
| Whilst the Supreme Court holds certain authority concerning all matters of law, the Court holds an additional and unique responsibility as the Living ambassador of the Judicial, Civil and Criminal Laws of the Society. | ||
| Each member of the Supreme Court represents the legal and living embodiment of these laws in person, such that any injury to these bodies of laws also represents an injury to the person, represented by living flesh and blood. | ||
| As ambassadors and living representatives of these laws, all members of the Supreme Court are bound to protect these laws from injury through any failure of due process or lack of respect of the Law. | ||
| 51.6 | Power of the Supreme Court | |
| Vested by the Charter, the Supreme Court shall have the following powers: | ||
| Original Jurisdiction | ||
| The Supreme Court shall have original and final jurisdiction in all matters: | ||
| (a) arising under this Charter, or involving its interpretation; (b) arising under any laws made by the Parliament; (c) of maritime jurisdiction; (d) arising under any treaty; (e) affecting consuls or other representatives of other countries; (f) in which the Nation, or a person suing or being sued on behalf of the Nation, is a party; (g) between States, or between residents of different States, or between a State and a resident of another State; (h) between States and foreign States or resident of another country; (i) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Nation. |
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| Appellate Jurisdiction | ||
| The Supreme Court shall represent the final and conclusive court of appeal in all matters determined from all judgments, decrees, orders, and sentences: | ||
| (a) of any Justice or Justices exercising the original jurisdiction of the Supreme Court; (b) of any other national court, or court exercising national jurisdiction; or (c) of the Supreme Court of any State, or of any other court of any State. |
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| 51.7 | Principle of separation of powers and the Supreme Court | |
| By virtue of the powers and functions defined in this Charter, it shall be a principle purpose of Parliament to make laws and a principle purpose of the Supreme Court to preside and judge over cases brought in regards to these laws. This is a principle of the separation of powers. | ||
| In so far as judgments of the Supreme Court affect the function and effect of the laws of Parliament and the States, the Court shall not be permitted to use its verdicts as an alternative means of creating new law or regulation. | ||
| However, it shall be considered a primary role of the Supreme Court to ensure that the laws of the nation at all levels reflect the good principles of this Charter and the fair principles of justice. | ||
| Where laws by the Government or by the Parliament in anyway contradict the principles of this Charter and/or fail to execute effectively its function or purpose it shall be considered a requirement of the Supreme Court to ensure that such laws and regulations are properly read down and rendered ineffective in their enforcement. | ||
| 51.8 | Quorum of the Supreme Court | |
| In relation to all matters of original jurisdiction, the minimum number of justices required to preside shall be six, excepting in matters of Charter and National Law where all twelve justices shall be required to preside. | ||
| In relation to all matters of appellate jurisdiction, the minimum number of justices required to preside shall be three, except in any case involving the appeal or review of a previous Supreme Court ruling, where all twelve justices shall be required to preside. | ||
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