Constitutional Court of Montesayette
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.
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.
Contents
History
Powers
Composition
Justices
President of the Federal Constitutional Court
Tenure
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 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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