Republic of Fluid Constitution / Article 6

Section 1: Supremacy of the Constitution

This Constitution is the supreme and foundational law of the Republic of Fluid.

All legislative, executive, judicial, and administrative actions, policies, and laws shall conform strictly to its provisions.

Any law, policy, or action that conflicts with this Constitution shall be declared null, void, and unconstitutional.

Section 2: Amendments to the Constitution

Amendments to this Constitution may be proposed through the Law Proposal Mechanism established in Article 2, either by representatives in the National Council or by citizens' initiatives.

To adopt an amendment, approval must be obtained by a majority exceeding 55% of the representatives in the National Council or by direct referendum supported by at least 60% of the national population.

Section 3: Constitutional Interpretation

All courts in the Republic of Fluid have the authority to interpret and apply the Constitution, ensuring that judicial decisions respect its spirit, purpose, and integrity.

Section 4: Supreme Constitutional Court

The Supreme Constitutional Court is established as the highest judicial authority regarding constitutional matters and international litigations involving the Republic.

The Court's exclusive jurisdiction includes: a) Reviewing the constitutionality of laws, executive actions, and policies, b) Resolving disputes between branches of government or levels of authority concerning constitutional interpretation, c) Adjudicating alleged violations of constitutional rights, d) Handling international litigations involving the Republic, ensuring decisions align with constitutional principles and national sovereignty

Section 5: Composition and Appointment of Justices

Justices of the Supreme Constitutional Court shall be elected exclusively by the National Council. The elected representatives shall be from cooperative workplaces and economic assemblies, and not from political parties.

Justices shall be appointed based on demonstrated expertise and commitment to the constitutional order.

Section 6: Qualifications of Justices

Candidates for the Supreme Constitutional Court must possess: a) Profound and comprehensive knowledge of the Republic’s Constitution, including its explicit provisions and its interpreted spirit and intent, b) Demonstrated capacity to interpret the Constitution accurately and judiciously, including in complex or subjective cases, c) Experience or training in constitutional law, democratic governance, and social justice principles consistent with the Republic's values.

Continuous professional development and constitutional education are mandatory to maintain judicial competence.

Section 7: Anti-Corruption Standards and Accountability

Supreme Constitutional Court justices shall be held to the highest standards of integrity and ethical conduct.

Even a single substantiated instance of corruption or breach of ethical guidelines shall result in immediate removal from office and replacement.

An independent Judicial Ethics Commission, accountable to the National Council and citizens, shall oversee monitoring, investigation, and enforcement of anti-corruption standards.

Transparency measures shall include public disclosure of judicial conduct reviews and mechanisms for citizens to report misconduct.

Section 8: Judicial Decisions and Transparency

Decisions rendered by the Supreme Constitutional Court shall be final, binding, and serve as the authoritative interpretation of the Constitution.

The Court shall ensure accessibility and transparency by publishing decisions, issuing clear explanations, and providing interfaces for citizen petitions concerning constitutional matters.