Post by Matt Kovac on Apr 20, 2009 19:56:27 GMT -4
Chapter 7: Local Self Governing and Judicial Authority
Article 57
1 Local self-government in the DRO shall provide for the independent resolution by the population of issues of local importance, and the possession, use and management of municipal property.
2. Local self-government shall be exercised by citizens by means of referendum, elections and other forms of direct expression of their will, and through elected and other bodies of local self-government.
Article 58
1. Justice in the Democratic Republic of Ocia shall be administered only by court.
2. Judicial authority shall be exercised by means of constitutional, civil, administrative and criminal proceedings.
3. The judicial system in the DRO shall be established by the Constitution of the Democratic Republic of Ocia and federal constitutional law. The creation of extraordinary courts shall not be permitted.
Article 59
Judges shall be citizens of the DRO with a higher education (Macronationally or Micronationally at the University of Directus) and must be appointed by the President of the DRO.
Article 60
1. Judges shall be independent and shall be subordinate only to the Constitution of the DRO.
2. Should a court establish when considering a case that a legal act of a State or other body conflicts with law, it shall take a decision in accordance with the law.
Article 61
1. The examination of cases in all courts shall be open. Cases may be heard in closed sessions in those instances where this is permitted by federal law.
2. The examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by federal law.
3. Judicial proceedings shall be conducted on the basis of controversy and the equality of the parties concerned.
4. In cases provided for by federal law, judicial proceedings shall be conducted with the participation of a jury.
Article 62
Courts shall be financed only from the federal budget and should ensure the possibility of the complete and independent administration of justice according to the requirements of federal law.
Article 63
1. The Supreme Court of Ocia shall consist of two judges. .
2. The Supreme Court of the DRO, at the request of the President of the DRO, or by half of the members of the Federal Assembly shall decide on cases on conformity to the Constitution of the DRO of:
a) federal laws, normative acts of the President of the DRO , the Council of State, Federal Assembly and government;
b) constitutions of republics, charters, and laws and other normative acts of constituent entities of the DRO adopted on issues under the jurisdiction of State government bodies of the Democratic Republic of Ocia
c) treaties between State government bodies of the DRO and State government bodies of constituent entities of the DRO , treaties between State government bodies of constituent entities of the DRO;
d) international treaties of the DRO, which are not in force.
3. also:
a) between federal State government bodies;
b) between State government bodies of the DRO
c) between higher State government bodies of constituent entities of the DRO
4. The Supreme Court of the DRO , on receiving complaints about violations of the constitutional rights and freedoms of citizens and upon request of courts, shall check, in accordance with procedure constitutionality of a law which is used or is to be used in a particular case.
5. The Supreme Court of the DRO, upon request of the President of the DRO , the Council of State , Federal Assembly , the Government of the DRO , and legislative authorities of constituent entities of the DRO, shall provide interpretation of the Constitution of the Democratic Republic of Ocia
6. The Supreme Court of the DRO , upon request of 2/3rds of the assembly , shall issue a resolution on the observation of the established procedure for bringing charges of treason or of other grave crimes against the President of the DRO.
Article 64
The Supreme Court of the DRO shall be also the highest judicial body for civil, criminal, administrative and other cases under the jurisdiction of common courts; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings.
Article 57
1 Local self-government in the DRO shall provide for the independent resolution by the population of issues of local importance, and the possession, use and management of municipal property.
2. Local self-government shall be exercised by citizens by means of referendum, elections and other forms of direct expression of their will, and through elected and other bodies of local self-government.
Article 58
1. Justice in the Democratic Republic of Ocia shall be administered only by court.
2. Judicial authority shall be exercised by means of constitutional, civil, administrative and criminal proceedings.
3. The judicial system in the DRO shall be established by the Constitution of the Democratic Republic of Ocia and federal constitutional law. The creation of extraordinary courts shall not be permitted.
Article 59
Judges shall be citizens of the DRO with a higher education (Macronationally or Micronationally at the University of Directus) and must be appointed by the President of the DRO.
Article 60
1. Judges shall be independent and shall be subordinate only to the Constitution of the DRO.
2. Should a court establish when considering a case that a legal act of a State or other body conflicts with law, it shall take a decision in accordance with the law.
Article 61
1. The examination of cases in all courts shall be open. Cases may be heard in closed sessions in those instances where this is permitted by federal law.
2. The examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by federal law.
3. Judicial proceedings shall be conducted on the basis of controversy and the equality of the parties concerned.
4. In cases provided for by federal law, judicial proceedings shall be conducted with the participation of a jury.
Article 62
Courts shall be financed only from the federal budget and should ensure the possibility of the complete and independent administration of justice according to the requirements of federal law.
Article 63
1. The Supreme Court of Ocia shall consist of two judges. .
2. The Supreme Court of the DRO, at the request of the President of the DRO, or by half of the members of the Federal Assembly shall decide on cases on conformity to the Constitution of the DRO of:
a) federal laws, normative acts of the President of the DRO , the Council of State, Federal Assembly and government;
b) constitutions of republics, charters, and laws and other normative acts of constituent entities of the DRO adopted on issues under the jurisdiction of State government bodies of the Democratic Republic of Ocia
c) treaties between State government bodies of the DRO and State government bodies of constituent entities of the DRO , treaties between State government bodies of constituent entities of the DRO;
d) international treaties of the DRO, which are not in force.
3. also:
a) between federal State government bodies;
b) between State government bodies of the DRO
c) between higher State government bodies of constituent entities of the DRO
4. The Supreme Court of the DRO , on receiving complaints about violations of the constitutional rights and freedoms of citizens and upon request of courts, shall check, in accordance with procedure constitutionality of a law which is used or is to be used in a particular case.
5. The Supreme Court of the DRO, upon request of the President of the DRO , the Council of State , Federal Assembly , the Government of the DRO , and legislative authorities of constituent entities of the DRO, shall provide interpretation of the Constitution of the Democratic Republic of Ocia
6. The Supreme Court of the DRO , upon request of 2/3rds of the assembly , shall issue a resolution on the observation of the established procedure for bringing charges of treason or of other grave crimes against the President of the DRO.
Article 64
The Supreme Court of the DRO shall be also the highest judicial body for civil, criminal, administrative and other cases under the jurisdiction of common courts; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings.