Tectonix wrote:National Judiciary Act
Sponsor: Alexios Viel (RGA - Tectonix)
Co-Sponsors:
An Act of the Senate to make provision for the establishment of the National Judiciary, and all that entails.
BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Senate by virtue of the powers placed upon it by the Law, as follows:§1 - The High Court:
- The High Court of Fernão shall be the highest judicial authority in the nation, of which all appellate cases are resolved.
- The High Court is to be a congregation of four Affiliate Justices, and one Chief Justice, appointed by the President or equivalent head of government thereof; with the advice and consent of the Senate.
- All High Court decisions are decided by a majority of the five justices.
- Any legislation brought to the floor of the Senate, either from a Senator or the President/equivalent head of government thereof, is to be reviewed by the High Court so as to ensure the constitutionality of the provisions of said legislation.
- If the High Court finds a provision or multiple provisions that violate the Constitution, they shall send an appropriate Transmission of Unconstitutionality to the Senate, so as they can remove the legislation from the floor. However, the Senate is not immediately obligated to do so.
- If the Senate chooses to ignore the Transmission of Unconstitutionality and passes the bill, the High Court reserves the right to issue a Writ of Interdiction that nullifies the bill.
- The High Court's proceedings, along with the five aforementioned justices, will include a clerk, graphic artist and parliamentarian (with the High Court Parliamentarian being appointed by the Justices of the High Court to serve as a procedural adviser to the present defendant(s) and plaintiff(s)).
- The building in which the High Court shall meet shall be within the city limits of Fernão's capital, Fortaleza.
- The High Court reserves the right to choose what cases it wishes to hear; the Senate reserves the right to pass a bill, however, forcing the High Court to hear a specific case, pursuant to the fact that the High Court is not already hearing a case.
- The High Court's internal proceedings are to be mirrored off the procedures of the United States Supreme Court, with any discrepancies or need for a change in rules up to the discretion of the Chief Justice.
§2 – Federal Court of Appeals:
- The Federal Court of Appeals shall be an appellate court, hearing appeals from all Fernãoan State Circuit Courts. The Court will consist of three magistrates, whom will preside over all hearings and present their verdict by a majority of them.
- A Writ of Appealment, signed by the party that was not ruled in favour of and approved by one of the magistrates, makes the case eligible for appeal to the High Court.
- The Federal Court of Appeals' internal proceedings are to be mirrored off the procedures of the United States Federal Circuit Court of Appeals, with any discrepancies or need for a change in rules up to the discretion of the three magistrates, with any disputes resolved by a majority vote amongst themselves.
§3 – Fernãoan State Circuit Courts:
- The Fernãoan State Circuit Courts shall be the primary civil and criminal courts of the nation, with one to three of them, at the discretion of the Senate, in every state and territory.
- A State Circuit Court shall be presided upon by a judge, appointed by the state's Governor or equivalent thereof, and a jury of eleven people randomly selected from the state in which the crime occurred, with no discrimination allowed on the basis of race, religion or sexual orientation.
- The internal proceedings of the State Circuit Court shall be mirrored of the United States District Courts, with any discrepancies or need for a change in rules up to the discretion of the judge.
Questions? Comments? Concerns?Reposted with Wages Board removed.
Sponsor both, Senator Akhil Rajiva, Fernãoan Progress Party.


