Earth Constitution – Article 9

The World Judiciary

 

   Earth Constitution – Article 9

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Sec. A – Jurisdiction of the World Supreme Court

  1. A World Supreme Court shall be established, together with such regional and district World Courts as may subsequently be found necessary. The World Supreme Court shall comprise a number of benches.
  2. The World Supreme Court, together with such regional and district World Courts as may be established, shall have mandatory jurisdiction in all cases, actions, disputes, conflicts, violations of law, civil suits, guarantees of civil and human rights, constitutional interpretations, and other litigations arising under the provisions of this World Constitution, world legislation, and the body of world law approved by the World Parliament.
  3. Decisions of the World Supreme Court shall be binding on all parties involved in all cases, actions and litigations brought before any bench of the World Supreme Court for settlement. Each bench of the World Supreme Court shall constitute a court of highest appeal, except when matters of extra-ordinary public importance are assigned or transferred to the Superior Tribunal of the World Supreme Court, as provided in Section E of Article IX.

Sec. B – Benches of the World Supreme Court

The benches of the World Supreme Court and their respective jurisdictions shall be as follows:

  1. Bench for Human Rights: To deal with issues of human rights arising under the guarantee of civil and human rights provided by Article XIII of this World Constitution, and arising in pursuance of the provisions of Article XIII of this World Constitution, and arising otherwise under world legislation and the body of world law approved by the World Parliament.
  2. Bench for Criminal Cases: To deal with issues arising from the violation of world laws and world legislation by individuals, corporations, groups and associations, but not issues primarily concerned with human rights.
  3. Bench for Civil Cases: To deal with issues involving civil law suits and disputes between individuals, corporations, groups and associations arising under world legislation and world law and the administration thereof.
  4. Bench for Constitutional Cases: To deal with the interpretation of the World Constitution and with issues and actions arising in connection with the interpretation of the World Constitution.
  5. Bench for International Conflicts: To deal with disputes, conflicts and legal contest arising between or among the nations which have joined in the Federation of Earth.
  6. Bench for Public Cases: To deal with issues not under the jurisdiction of another bench arising from conflicts, disputes, civil suits or other legal contests between the World Government and corporations, groups or individuals, or between national governments and corporations, groups or individuals in cases involving world legislation and world law.
  7. Appellate Bench: To deal with issues involving world legislation and world law which may be appealed from national courts; and to decide which bench to assign a case or action or litigation when a question or disagreement arises over the proper jurisdiction.
  8. Advisory Bench: To give opinions upon request on any legal question arising under world law or world legislation, exclusive of contests or actions involving interpretation of the World Constitution. Advisory opinions may be requested by any House or committee of the World Parliament, by the Presidium, any Administrative Department, the Office of World Attorneys General, the World Ombudsmus, or by any agency of the Integrative Complex.
  9. Other benches may be established, combined or terminated upon recommendation of the Collegium of World Judges with approval by the World Parliament; but benches number one through eight may not be combined nor terminated except by amendment of this World Constitution.

Sec. C – Seats of the World Supreme Court

  1. The primary seat of the World Supreme Court and all benches shall be the same as for the location of the Primary World Capital and for the location of the World Parliament and the World Executive.
  2. Continental seats of the World Supreme Court shall be established in the four secondary capitals of the World Government located in four different Continental Divisions of Earth, as provided in Article XV.
  3. The following permanent benches of the World Supreme Court shall be established both at the primary seat and at each of the continental seats: Human Rights, Criminal Cases, Civil Cases, and Public Cases.
  4. The following permanent benches of the World Supreme Court shall be located only at the primary seat of the World Supreme Court: Constitutional Cases, International Conflicts, Appellate Bench, and Advisory Bench.
  5. Benches which are located permanently only at the primary seat of the World Supreme Court may hold special sessions at the other continental seats of the World Supreme Court when necessary, or may establish continental circuits if needed.
  6. Benches of the World Supreme Court which have permanent continental locations may hold special sessions at other locations when needed, or may establish regional circuits if needed.

Sec. D – The Collegium of World Judges

  1. A Collegium of World Judges shall be established by the World Parliament. The Collegium shall consist of a minimum of twenty member judges, and may be expanded as needed but not to exceed sixty members.
  2. The World Judges to compose the Collegium of World Judges shall be nominated by the House of Counsellors and shall be elected by plurality vote of the three Houses of the World Parliament in joint session. The House of Counsellors shall nominate betwe en two and three times the number of world judges to be elected at any one time. An equal number of World Judges shall be elected from each of ten World Electoral and Administrative Magna-Regions, if not immediately then by rotation.
  3. The term of office for a World Judge shall be ten years. Successive terms may be served without limit.
  4. The Collegium of World Judges shall elect a Presiding Council of World Judges, consisting of a Chief Justice and four Associate Chief Justices. One member of the Presiding Council of World Judges shall be elected from each of five Continental Divisions of Earth. Members of the Presiding Council of World Judges shall serve five year terms on the Presiding Council, and may serve two successive terms, but not two successive terms as Chief Justice.
  5. The Presiding Council of World Judges shall assign all World Judges, including themselves, to the several benches of the World Supreme Court. Each bench for a sitting at each location shall have a minimum of three World Judges, except that the number of World Judges for benches on Continental Cases and International Conflicts, and the Appellate Bench, shall be no less than five.
  6. The member judges of each bench at each location shall choose annually a Presiding Judge, who may serve two successive terms.
  7. The members of the several benches may be reconstituted from time to time as may seem desirable or necessary upon the decision of the Presiding Council of World Judges. Any decision to re-constitute a bench shall be referred to a vote of the entire Collegium of World Judges by request of any World Judge.
  8. Any World Judge may be removed from office for cause by an absolute two- thirds majority vote of the three Houses of the World Parliament in joint session.
  9. Qualifications for Judges of the World Supreme Court shall be at least ten years of legal or juristic experience, minimum age of thirty years, and evident competence in world law and the humanities.
  10. The salaries, expenses, remunerations and prerogatives of the World Judges shall be determined by the World Parliament, and shall be reviewed every five years, but shall not be changed to the disadvantage of any World Judge during a term of office. All members of the Collegium of World Judges shall receive the same salaries, except that additional compensation may be given to the Presiding Council of World Judges.
  11. Upon recommendation by the Collegium of World Judges, the World Parliament shall have the authority to establish regional and district world courts below the World Supreme Court, and to establish the jurisdictions thereof, and the procedures for appeal to the World Supreme Court or to the several benches thereof.
  12. The detailed rules of procedure for the functioning of the World Supreme Court, the Collegium of World Judges, and for each bench of the World Supreme Court, shall be decided and amended by absolute majority vote of the Collegium of World Judges.

Sec. E – The Superior Tribunal of the World Supreme Court

  1. A Superior Tribunal of the World Supreme Court shall be established to take cases which are considered to be of extra-ordinary public importance. The Superior Tribunal for any calendar year shall consist of the Presiding Council of World Judges together with one World Judge named by the Presiding Judge of each bench of the World Court sitting at the primary seat of the World Supreme Court. The composition of the Superior Tribunal may be continued unchanged for a second year by decision of the Presiding Council of World Judges.
  2. Any party to any dispute, issue, case or litigation coming under the jurisdiction of the World Supreme Court, may apply to any particular bench of the World Supreme Court or to the Presiding Council of World Judges for the assignment or transfer of the case to the Superior Tribunal on the grounds of extra-ordinary public importance. If the application is granted, the case shall be heard and disposed of by the Superior Tribunal. Also, any bench taking any particular case, if satisfied that the case is of extra-ordinary public importance, may of its own discretion transfer the case to the Superior Tribunal.

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