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Article 62-Union
Supreme Court |
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| 62.1 |
Union Supreme Court |
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The judicial power of the Union shall be vested in one Supreme Court (Supreme Court) and those inferior courts named and defined in this Charter.
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Parliament may itself introduce further inferior courts as is deemed necessary to establish on condition that it does not conflict, corrupt or diminish the primary courts listed in this Charter.
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The Supreme Court shall have full sovereign living and legal personality through its registration in the Great Register and Public Record of One Heaven as a Corporate Member. |
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The Corporate Member Number for the Supreme Court is: |
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| 62.2 |
Construction of the Supreme Court |
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The Supreme Court shall consist of twelve (12) Justices appointed by the Secretary-General upon the approval of the Senate at a time of vacancy of position to the Supreme Court.
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The tenure of a Justice of the Supreme Court shall be for a period of not greater than eight (8) years and subject to their good conduct and the confidence of Parliament. A Justice shall be required to resign within 30 days of their 80th birthday, regardless the remaining length of their tenure.
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| 62.3 |
Power of the Supreme Court |
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Vested by the Charter, the Supreme Court shall have the following powers:
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Original Jurisdiction |
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The Supreme Court shall have original and final jurisdiction in all matters: |
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(1) arising under this Charter, or involving its interpretation;
(2) arising under any laws made by the Parliament;
(3) of maritime jurisdiction;
(4) arising under any treaty;
(5) affecting consuls or other representatives of other countries;
(6) in which the Union, or a person suing or being sued on behalf of the Union, is a party;
(7) between Member States, or between residents of different member States, or between a member State and a resident of another State;
(8) between member States and foreign States or resident of another country;
(9) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Union.
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Appellate Jurisdiction |
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The Supreme Court shall represent the final and conclusive court of appeal in all matters determined from all judgments, decrees, orders, and sentences:
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(1) of any Justice or Justices exercising the original jurisdiction of the Supreme Court;
(2) of any other national court, or court exercising Union jurisdiction; or of the Supreme Court of any member State, or of any other court of any member State; |
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| 62.4 |
Principle of separation of powers and the Supreme Court |
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By virtue of the powers and functions defined in this Charter, it shall be a principle purpose of Parliament to make laws and a principle purpose of the Supreme Court to preside and judge over cases brought in regards to these laws. This is a principle of the separation of powers.
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In so far as judgements of the Supreme Court affect the function and effect of the laws of Parliament and the Member States, the Court shall not be permitted to use its verdicts as an alternative means of creating new law or regulation.
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However, it shall be considered a primary role of the Supreme Court to ensure that the laws of the Union at all levels reflect the good principles of this Charter and the fair principles of justice.
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Where laws by the Government or by the Parliament in anyway contradict the principles of this Charter and/or fails to execute effectively its function or purpose it shall be considered a requirement of the Supreme Court to ensure that such laws and regulations are properly read down and rendered ineffective in their enforcement.
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| 62.5 |
Quorum of the Supreme Court |
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In relation to all matters of original jurisdiction, the minimum number of justices required to preside shall be six, excepting in matters of Charteral and Union law where all twelve justices shall be required to preside.
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In relation to all matters of appellate jurisdiction, the minimum number of justices required to preside shall be three, except in any case involving the appeal or review of a previous Supreme Court ruling, where all twelve justices shall be required to preside.
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| 62.6 |
Notaries of One Heaven and 1st Supreme Court |
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Until the permanent election of the Parliament and Executive of the Union, on or after the Day of Redemption, the full powers and authority of the 1st Supreme Court shall be vested in twelve (12) Commissioned Notaries of One Heaven, consistent with their office as granted under Pactum De Singularis Caelum, also known as the Covenant of One Heaven. |
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The Notaries, holding their office as Judges shall exercise their authority for the good of the Living Law and the Union as individual Judges, as four tribunals of three (3) Judges and as a Full Bench of the Supreme Court. |
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During the foundation period of the Court, the number permitted for all matters shall be three. |
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| 62.6 |
Liens |
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In accordance with Article 36 of Pactum De Singularis Caelum also known as the Covenant of One Heaven, the Court through the duly appointed Registrar of the Court may issue Supreme Maritime Liens against any officer, representing a person, representing a vessel of an alternate society and any other real or movable property claimed by an alternate society consistent with the article of this charter. |
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A Supreme Maritime Lien shall only be valid when signed and sealed by the President Judge and Registrar of the Court, or their duly appointed representatives. When valid, a Supreme Maritime Lien shall be considered superior to all other liens except a Divine Canon Lien in accordance with the Covenant of One Heaven. |
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In all matters relating to the issuing of a valid Lien, by Rule of Law, the person to whom the Lien applies shall be afforded the opportunity for relief by (1) acknowledging the superior authority of the Society and redeem their existing membership number; (2) pledging to uphold and obey the laws of the Society and any further lawful judgments of the courts of the Society; and (3) Refrain from any further deliberate injury against the Society. |
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A person who refuses relief shall have fully consented to the full force and effect of the lien and any subsequent seizure, binding and liquidation. |
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