The Judicial Branch
SECTION 1
Other courts may be established by law on recommendation of the Principal Justice with the Judicial Council.
The Principal Justice shall preside over the judicial system, shall appoint the members of all national courts, and unless the Judicial Council object, shall make its rules; also, through an Administrator, supervise its operations.
The Judicial Assembly shall consist of Circuit Court Judges, together with those of the High Courts of the Newstates of America and those of the highest courts of the Newstates. It shall meet annually, or at the call of the Principal Justice, to consider the state of the Judiciary and such other matters as may be laid before it.
It shall also meet at the call of the Convener to nominate three candidates for the Principal Justiceship whenever a vacancy shall occur. From these nominees the Senate shall choose the one having the most votes.
The Principal Justice, unless the Senate object to any, shall appoint a Judicial Council of five members to serve during his incumbency. He shall designate a senior member who shall preside in his absence.
It shall be the duty of the Council, under the direction of the Principal Justice, to study the courts in operation, to prepare codes of ethics to be observed by members, and to suggest changes in procedure. The Council may ask the advice of the Judicial Assembly.
It shall also be a duty of the Council, as hereinafter provided, to suggest Constitutional amendments when they appear to be necessary; and it shall also draft revisions if they shall be required. Further it shall examine, and from time to time cause to be revised, civil and criminal codes; these, when approved by the Judicial Assembly, shall be in effect throughout the nation.
The Principal Justice shall have a term of eleven years; but if at any time the incumbent resign or be disabled from continuing in office, as may be determined by the Senate, replacement shall be by the senior member of the Judicial Council until a new selection be made. After six years the Assembly may provide, by a two-thirds vote, for discontinuance in office, and a successor shall then be chosen.
The Principal Justice may suspend members of any court for incapacity or violation of rules; and the separation shall be final if a majority of the Council agree.
For each court the Principal Justice shall, from time to time, appoint a member who shall preside.
A presiding judge may decide, with the concurrence of the senior judge, that there may be pretrial proceedings, that criminal trials shall be conducted by either investigatory or adversary proceedings, and whether there shall be a jury and what the number of jurors shall be; but investigatory proceedings shall require a bench of three.
In deciding on the concordance of statutes with the Constitution, the Supreme Court shall return to the House of Representatives such as it cannot construe. If the House fail to make return within ninety days the Court may interpret.
The Principal Justice, or the President, may grant pardons or reprieves.
The High Courts shall have thirteen members; but nine members, chosen by then senior justices from time to time, shall constitute a court. The justices on leave shall be subject to recall.
Other courts shall have nine members; but seven, chosen by their senior, shall constitute a court.
All shall be in continuous session except for recesses approved by the Principal Justice.
The Principal Justice, with the Council, may advise the Senate, when requested, concerning the appropriateness of measures approved by the House of Representatives; and may also advise the President, when requested, on matters he may refer for consultation.
It shall be for other branches to accept and to enforce judicial decrees.
The High Court of Appeals may select applications for further consideration by the Supreme Court of decisions reached by other courts, including those of the Newstates. If it agree that there be a constitutional issue it may make preliminary judgment to be reviewed without hearing, and finally, by the Supreme Court.
The supreme Court may decide:
b. On the application of constitutional provisions to suits involving the Newstates.
c. Whether international law, as recognized in treaties, United Nations agreements, or arrangements with other nations, has been ignored or violated.
d. Other causes involving the interpretation of constitutional provisions; except that in holding any branch to have exceeded its powers the decision shall be suspended until the Judicial Court shall have determined whether, in order to avoid confrontation, procedures for amendment of the Constitution are appropriate.
If amendatory proceedings are instituted, decision shall await the outcome.
The Courts of the Newstates shall have initial jurisdiction in cases arising under their laws except those involving the Newstate itself or those reserved for national courts by a rule of the Principal Justice with the Judicial Council.