Cartae Sacrorum De Congregatio Americas

Americas Union Charter

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Article 62 - Americas Union Supreme Court

62.1
Union Judiciary (link)

The judicial power of the Union shall be vested in one (1) Supreme Court (Supreme Court) and those inferior courts named and defined in this Charter.

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.

 

62.2
Construction of the Supreme Court (link)

The Supreme Court shall consist of twelve (12) Justices appointed by the Secretary-General upon the approval of both Houses of Parliament at a time of vacancy of position to the Supreme Court.

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 thirty (30) days of their eightith  (80th) birthday, regardless the remaining length of their tenure.

 

 

62.3
Power of the Supreme Court (link)

Vested by the Charter, the Supreme Court shall have the following powers:

Original Jurisdiction

The Supreme Court shall have original and final jurisdiction in all matters:

(i) arising under this Charter, or involving its interpretation;
(ii) arising under any laws made by the Parliament;
(iii) of maritime jurisdiction;
(iv) arising under any treaty;
(v) affecting consuls or other representatives of other countries;
(vi) in which the Union, or a person suing or being sued on behalf of the Union, is a party;
(vii) between Member States, or between residents of different member States, or between a Member State and a resident of another State;
(viii) between Member States and foreign States or resident of another country;
(ix) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Union.

Appellate Jurisdiction

The Supreme Court shall represent the final and conclusive court of appeal in all matters determined from all judgments, decrees, orders, and sentences:

(i) of any Justice or Justices exercising the original jurisdiction of the Supreme Court;
(ii) of any other national / university court, or court exercising Union jurisdiction; or of the Supreme Court of any Member State, or of any other court of any Member State.

62.4
Principle of separation of powers and the Supreme Court (link)

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.

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.

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.

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.

 

62.5
Quorum of the Supreme Court (link)

In relation to all matters of original jurisdiction, the minimum number of justices required to preside shall be six (6), excepting in matters of Charteral and Union law where all twelve (12) justices shall be required to preside.

In relation to all matters of appellate jurisdiction, the minimum number of justices required to preside shall be three (3), except in any case involving the appeal or review of a previous Supreme Court ruling, where all twelve (12) justices shall be required to preside.

During the foundation period of the Court, the number permitted for all matters shall be three (3).

 

 

62.6
Foundation of Court (link)

Until the permanent election of the Parliament and Executive of the Union, the full powers and authority of the 1st Supreme Court shall be vested in The Forum of the Globe Union, also known as the Globe Union Supreme Court. If the Forum has not yet been constituted, then the full powers and authority of the 1st Supreme Court shall be vested in the Oratorium, also known as the Supreme Court of One Heaven.