Difference between revisions of "Constitutional Court of Montesayette"
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The Constitutional Court Act mandates confirmation hearings in the [[National Assembly of Montesayette|National Assembly]] for each judge nomination or appointment. However, it has been construed as non-binding, as the Constitution does not explicitly demand the National Assembly's confirmation or consent for these nominations or appointments. Consequently, the National Assembly lacks the authority to use the confirmation hearing process to obstruct the nominations put forth by the President or the Chief Justice of the Supreme Court, nor can they block the President's appointments of these nominees. While the confirmation hearings provide an opportunity for the National Assembly to review and discuss the nominees, their decision ultimately does not carry legally binding weight in the appointment process. | The Constitutional Court Act mandates confirmation hearings in the [[National Assembly of Montesayette|National Assembly]] for each judge nomination or appointment. However, it has been construed as non-binding, as the Constitution does not explicitly demand the National Assembly's confirmation or consent for these nominations or appointments. Consequently, the National Assembly lacks the authority to use the confirmation hearing process to obstruct the nominations put forth by the President or the Chief Justice of the Supreme Court, nor can they block the President's appointments of these nominees. While the confirmation hearings provide an opportunity for the National Assembly to review and discuss the nominees, their decision ultimately does not carry legally binding weight in the appointment process. | ||
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+ | ==== Current members ==== | ||
=== President of the Federal Constitutional Court === | === President of the Federal Constitutional Court === |
Revision as of 08:39, 21 July 2023
Federal Constitutional Court | |
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Cour constitutionnelle fédérale | |
Established | May 13, 1913 |
Jurisdiction | Montesayette |
Location | l'Étoile, Nerfoy |
Authorized by | Constitution |
Appeals from | |
Judge term length | Ten years, renewable Mandatory retirement at the age of 70 |
Number of positions | 15 |
Language | |
Website | cour-constitutionnelle-fédérale.gouv.sy |
President | |
Currently | Olivie Fabron |
Since | 21 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.
In contrast to other constitutional courts, the Federal Constitutional Court allows individuals or parties to put forward a constitutional complaint directly without first exhausting all other legal options. This is permissible when a specific statute violates their constitutional rights. As a result, the court plays an important role in protecting the constitution and individual rights within the Montesayettean legal framework.
Contents
History
Composition
Justices
According to the Constitution, the Constitutional Court of Montesayette is comprised of 15 justices, whose nomination and appointment process is precisely outlined. The President of Montesayette formally appoints each justice. However, the Constitution ensures a balanced distribution of power in the nomination process. The power to nominate individuals for appointment is divided into three equal parts. The President, the Senate, and the Chief Justice of the Supreme Court of Montesayette each hold a third. As a result, the President is empowered to nominate and appoint five out of the fifteen Constitutional Court Justices. The remaining ten justices, however, are to be appointed from candidates selected by either the Senate or the Chief Justice of the Supreme Court.
The Constitutional Court judges are elected for a 10-year term, but they must retire once they reach 70, irrespective of how much of the 10-year term they have served. Judges can be re-elected for additional terms. To qualify for a Constitutional Court judge, certain criteria must be met. Prospective judges must be at least 40 years old and possess a strong legal background and expertise. Prior to their appointment, candidates must have served as a judge on one of the federal courts. They must have worked as academic jurists at a university, held public service positions, or practiced law.
The Constitutional Court Act mandates confirmation hearings in the National Assembly for each judge nomination or appointment. However, it has been construed as non-binding, as the Constitution does not explicitly demand the National Assembly's confirmation or consent for these nominations or appointments. Consequently, the National Assembly lacks the authority to use the confirmation hearing process to obstruct the nominations put forth by the President or the Chief Justice of the Supreme Court, nor can they block the President's appointments of these nominees. While the confirmation hearings provide an opportunity for the National Assembly to review and discuss the nominees, their decision ultimately does not carry legally binding weight in the appointment process.
Current members
President of the Federal Constitutional Court
Organization
Procedure
Landmark decisions
Year | Case | Synopsis | Legal principles set | Consequences | |
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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. |
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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 law in such a way that it does not interpret birthrights in a way that violates natural rights principles. | |
2009 | Gagnier v. Medical Association of Montesayette | Henriette Gagnier, a 52-year-old with coronary heart disease, was resuscitated by paramedics from Central Hospital of Nerfoy and subsequently intubated after suffering a heart attack. This was despite having a written do-not-resuscitate (DNR) medical order in her possession. The Medical Association of Montesayette contended that resuscitation was deemed necessary, asserting that the DNR order conflicted with the Hippocratic Oath principles. |
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The staff of the Central Hospital of Nerfoy were acquitted of any wrongdoing; the court found that they were protected under the Good Samaritan laws. The court created, by deriving from human dignity and personal liberty, another civil right: the right to die. | |
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 | |||||
1986 | Montesayettean Defense Forces v. Federal Minister of Defense | Previously, the Defense Forces' function was limited to self-defense within Montesayette's borders. The military was forbidden from carrying out activities outside of the country's borders. The Defense Forces are also subject to civilian laws, particularly when personnel may be held accountable for conduct such as combat killing. |
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The court established a criteria that must be fulfilled for operations beyond the nation's borders to be authorized. The criteria are vital national interests, wholehearted commitment, and public support. The court reaffirmed that the Defense Forces remain subject to civilian law. However, the ruling instructed the federal government to create secondary legislation to acquit troops if the action was sanctioned by the government itself. |