Difference between revisions of "Constitutional Court of Montesayette"

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| 1983
 
| 1983
 
| ''[[Jean Dupont v. Montesayette]]''
 
| ''[[Jean Dupont v. Montesayette]]''
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| The [[National Security Act of 1952]] prohibits "anti-state activities." This includes restrictions on the right to peaceful assembly and freedom of association.
 
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* The [[Constitution of Montesayette|Constitution]] binds legislation to uphold the birthrights, which are inherent and inalienable and should be considered as such rather than as privileges. Legislation must implement laws in a way that does not jeopardize the liberty of young people or future generations. The decision was unanimous.
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| The court ruled that several clauses of the act were unconstitutional and should be suspended promptly. The court further ordered the federal government to carry out the legislation in such a way that it does not interpret birthrights in a way that violates natural rights principles.
 
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Revision as of 05:19, 21 July 2023

Federal Constitutional Court
Cour constitutionnelle fédérale
Logo of the Federal Constitutional Court
Logo of the Federal Constitutional Court
Seat of the Federal Constitutional Court of Montesayette in l'Étoile, Nerfoy
Seat of the Federal Constitutional Court of Montesayette in l'Étoile, Nerfoy
EstablishedMay 13, 1913; 111 years ago (1913-05-13)
JurisdictionMontesayette
Locationl'Étoile, Nerfoy
Authorized byConstitution
Appeals from
Judge term lengthTen years, renewable
Mandatory retirement at the age of 70
Number of positions15
Language
Websitecour-constitutionnelle-fédérale.gouv.sy
President
CurrentlyOlivie Fabron
Since21 September 2017

The Federal Constitutional Court of Montesayette (Quebecshirite: Cour constitutionnelle fédérale) is the highest constitutional court in the Montesayettean Commonwealth, established by the Constitution. It functions alongside the Supreme Court as the two highest courts in Montesayette, seated in l'Étoile, Nerfoy. As part of the Montesayettean federal government, it operates within the parliamentary system, where the executive and legislature are fused. Therefore, the judiciary is the only independent branch of the federal government. In theory, the Federal Constitutional Court has jurisdiction over constitutional matters. However, in practice, it may also exercise indirect ordinary court power by giving formal opinions on matters when appeals arise from other branches.

The Federal Constitutional Court, as specified by the Montesayettean Constitution (amended in 1991), has several main tasks:

  • Ensuring the constitutionality of laws when requested by the courts.
  • Handling cases related to impeachment.
  • Deciding on the dissolution of a political party.
  • Safeguarding equality before the law, the rule of law, and birthrights.
  • Resolving disputes between federal government agencies, between federal government agencies and local governments, and between local governments.
  • Reviewing constitutional complaints as prescribed by the Constitutional Court Act.

Unlike other constitutional courts, individuals or parties may directly file a constitutional complaint with the Federal Constitutional Court. This is without exhausting all other legal remedies. This is permissible when a specific statute infringes upon their constitutional rights. The court plays a key role in upholding the constitution and protecting individual rights within the Montesayettean legal system.

History

Powers

Composition

Justices

President of the Federal Constitutional Court

Tenure

Organization

Procedure

Landmark decisions

Year Case Synopsis Legal principles set Consequences
Individual rights
1983 Jean Dupont v. Montesayette The National Security Act of 1952 prohibits "anti-state activities." This includes restrictions on the right to peaceful assembly and freedom of association.
  • The Constitution binds legislation to uphold the birthrights, which are inherent and inalienable and should be considered as such rather than as privileges. Legislation must implement laws in a way that does not jeopardize the liberty of young people or future generations. The decision was unanimous.
The court ruled that several clauses of the act were unconstitutional and should be suspended promptly. The court further ordered the federal government to carry out the legislation in such a way that it does not interpret birthrights in a way that violates natural rights principles.
Criminal law
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Federalism
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Separation of powers
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Administrative law
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Executive power
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Others
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Criticism

Gallery

See also