| |
|
|
A
CONSTITUTION FOR THE FEDERATION OF EARTH
Article
9 - The World Judiciary
Sec.
A - Jurisdiction of the World Supreme Court
- A World
Supreme Court shall be established, together with such regional
and district World Courts as may subsequently be found necessary.
The World Supreme Court shall comprise a number of benches.
- The
World Supreme Court, together with such regional and district
World Courts as may be established, shall have mandatory
jurisdiction in all cases, actions, disputes, conflicts,
violations of law, civil suits, guarantees of civil and
human rights, c onstitutional interpretations, and other
litigations arising under the provisions of this World Constitution,
world legislation, and the body of world law approved by
the World Parliament.
- Decisions
of the World Supreme Court shall be binding on all parties
involved in all cases, actions and litigations brought before
any bench of the World Supreme Court for settlement. Each
bench of the World Supreme Court shall constitute a court
of highest appeal, except when matters of extra-ordinary
public importance are assigned or transferred to the Superior
Tribunal of the World Supreme Court, as provided in Section
E of Article IX.
Sec.
B - Benches of the World Supreme Court
The benches
of the World Supreme Court and their respective jurisdictions
shall be as follows:
- Bench
for Human Rights: To deal with issues of human rights arising
under the guarantee of civil and human rights provided by
Article XIII of this World Constitution, and arising in
pursuance of the provisions of Article XIII of this World
Constitutio n, and arising otherwise under world legislation
and the body of world law approved by the World Parliament.
- Bench
for Criminal Cases: To deal with issues arising from the
violation of world laws and world legislation by individuals,
corporations, groups and associations, but not issues primarily
concerned with human rights.
- Bench
for Civil Cases: To deal with issues involving civil law
suits and disputes between individuals, corporations, groups
and associations arising under world legislation and world
law and the administration thereof.
- Bench
for Constitutional Cases: To deal with the interpretation
of the World Constitution and with issues and actions arising
in connection with the interpretation of the World Constitution.
- Bench
for International Conflicts: To deal with disputes, conflicts
and legal contest arising between or among the nations which
have joined in the Federation of Earth.
- Bench
for Public Cases: To deal with issues not under the jurisdiction
of another bench arising from conflicts, disputes, civil
suits or other legal contests between the World Government
and corporations, groups or individuals, or between national
gov ernments and corporations, groups or individuals in
cases involving world legislation and world law.
- Appellate
Bench: To deal with issues involving world legislation and
world law which may be appealed from national courts; and
to decide which bench to assign a case or action or litigation
when a question or disagreement arises over the proper jurisd
iction.
- Advisory
Bench: To give opinions upon request on any legal question
arising under world law or world legislation, exclusive
of contests or actions involving interpretation of the World
Constitution. Advisory opinions may be requested by any
House or c ommittee of the World Parliament, by the Presidium,
any Administrative Department, the Office of World Attorneys
General, the World Ombudsmus, or by any agency of the Integrative
Complex.
- Other
benches may be established, combined or terminated upon
recommendation of the Collegium of World Judges with approval
by the World Parliament; but benches number one through
eight may not be combined nor terminated except by amendment
of this Wo rld Constitution.
Sec.
C - Seats of the World Supreme Court
- The
primary seat of the World Supreme Court and all benches
shall be the same as for the location of the Primary World
Capital and for the location of the World Parliament and
the World Executive.
- Continental
seats of the World Supreme Court shall be established in
the four secondary capitals of the World Government located
in four different Continental Divisions of Earth, as provided
in Article XV.
- The
following permanent benches of the World Supreme Court shall
be established both at the primary seat and at each of the
continental seats: Human Rights, Criminal Cases, Civil Cases,
and Public Cases.
- The
following permanent benches of the World Supreme Court shall
be located only at the primary seat of the World Supreme
Court: Constitutional Cases, International Conflicts, Appellate
Bench, and Advisory Bench.
- Benches
which are located permanently only at the primary seat of
the World Supreme Court may hold special sessions at the
other continental seats of the World Supreme Court when
necessary, or may establish continental circuits if needed.
- Benches
of the World Supreme Court which have permanent continental
locations may hold special sessions at other locations when
needed, or may establish regional circuits if needed.
Sec.
D - The Collegium of World Judges
- A Collegium
of World Judges shall be established by the World Parliament.
The Collegium shall consist of a minimum of twenty member
judges, and may be expanded as needed but not to exceed
sixty members.
- The
World Judges to compose the Collegium of World Judges shall
be nominated by the House of Counsellors and shall be elected
by plurality vote of the three Houses of the World Parliament
in joint session. The House of Counsellors shall nominate
betwe en two and three times the number of world judges
to be elected at any one time. An equal number of World
Judges shall be elected from each of ten World Electoral
and Administrative Magna-Regions, if not immediately then
by rotation.
- The
term of office for a World Judge shall be ten years. Successive
terms may be served without limit.
- The
Collegium of World Judges shall elect a Presiding Council
of World Judges, consisting of a Chief Justice and four
Associate Chief Justices. One member of the Presiding Council
of World Judges shall be elected from each of five Continental
Divisio ns of Earth. Members of the Presiding Council of
World Judges shall serve five year terms on the Presiding
Council, and may serve two successive terms, but not two
successive terms as Chief Justice.
- The
Presiding Council of World Judges shall assign all World
Judges, including themselves, to the several benches of
the World Supreme Court. Each bench for a sitting at each
location shall have a minimum of three World Judges, except
that the number of World Judges for benches on Continental
Cases and International Conflicts, and the Appellate Bench,
shall be no less than five.
- The
member judges of each bench at each location shall choose
annually a Presiding Judge, who may serve two successive
terms.
- The
members of the several benches may be reconstituted from
time to time as may seem desirable or necessary upon the
decision of the Presiding Council of World Judges. Any decision
to re-constitute a bench shall be referred to a vote of
the entire C ollegium of World Judges by request of any
World Judge.
- Any
World Judge may be removed from office for cause by an absolute
two- thirds majority vote of the three Houses of the World
Parliament in joint session.
- Qualifications
for Judges of the World Supreme Court shall be at least
ten years of legal or juristic experience, minimum age of
thirty years, and evident competence in world law and the
humanities.
- The
salaries, expenses, remunerations and prerogatives of the
World Judges shall be determined by the World Parliament,
and shall be reviewed every five years, but shall not be
changed to the disadvantage of any World Judge during a
term of office. A ll members of the Collegium of World Judges
shall receive the same salaries, except that additional
compensation may be given to the Presiding Council of World
Judges.
- Upon
recommendation by the Collegium of World Judges, the World
Parliament shall have the authority to establish regional
and district world courts below the World Supreme Court,
and to establish the jurisdictions thereof, and the procedures
for appea l to the World Supreme Court or to the several
benches thereof.
- The
detailed rules of procedure for the functioning of the World
Supreme Court, the Collegium of World Judges, and for each
bench of the World Supreme Court, shall be decided and amended
by absolute majority vote of the Collegium of World Judges.
Sec.
E - The Superior Tribunal of the World Supreme Court
- A Superior
Tribunal of the World Supreme Court shall be established
to take cases which are considered to be of extra-ordinary
public importance. The Superior Tribunal for any calendar
year shall consist of the Presiding Council of World Judges
togeth er with one World Judge named by the Presiding Judge
of each bench of the World Court sitting at the primary
seat of the World Supreme Court. The composition of the
Superior Tribunal may be continued unchanged for a second
year by decision of the Presidin g Council of World Judges.
- Any
party to any dispute, issue, case or litigation coming under
the jurisdiction of the World Supreme Court, may apply to
any particular bench of the World Supreme Court or to the
Presiding Council of World Judges for the assignment or
transfer of th e case to the Superior Tribunal on the grounds
of extra-ordinary public importance. If the application
is granted, the case shall be heard and disposed of by the
Superior Tribunal. Also, any bench taking any particular
case, if satisfied that the case is of extra-ordinary public
importance, may of its own discretion transfer the case
to the Superior Tribunal.
|
|
