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The judicial function
Only the courts established here administer justice, and special tribunals are prohibited.
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Justice
Articles 192 to 232 · 41 articles · 9 chapters · read the full text
Chapter 1 · Principles
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Independence
Judges answer to the Constitution and the law alone, and nobody may instruct them.
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Application and interpretation
Judges apply the law, read it in favour of rights, and never legislate.
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Reference to the Constitutional Chamber
A judge who cannot resolve a constitutional question refers it, and gets a binding answer.
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Publicity of justice
Hearings and judgments are public, and journalists attend by right without accreditation.
Chapter 2 · The Courts
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Structure
There are communal, sub-regional, regional, National and Constitutional courts.
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First instance and appeal
Every judgment can be appealed on the facts and on the law.
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Specialised divisions
Specialised divisions may sit with technical assessors, who advise but never vote.
200
The National Court
The National Court keeps the law uniform throughout the territory.
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Assignment of cases
Cases are assigned by lot, and nobody may pick the judge or move a case afterwards.
Chapter 3 · Judges
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Recruitment
Judges are recruited by open, anonymous competition, open to every qualified resident.
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Term and security
Judges serve one twelve-year term, never renewed, with staggered replacement.
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Duties and incompatibilities
Judges must be impartial and declare their interests, and may still teach and write.
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Leadership posts
Court presidents are elected by their colleagues for one three-year term, with no power over decisions.
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Discipline
Discipline is for conduct, never for the content of a ruling, and is heard in public.
Chapter 4 · The Judicial Council
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Nature
The Judicial Council runs the judiciary, and can never touch a case.
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Functions
The Council appoints judges, confirms justices, runs case assignment, and proposes the judiciary's resources.
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Composition
The Council has twenty-one members: thirteen residents drawn by lot and eight judges elected by judges.
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Members drawn by lot
Resident members serve three years, are trained beforehand, and answer to nobody.
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Judicial members
Judicial members are elected by all judges by secret ballot, with court presidents excluded.
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Chair and rotation
The chair is drawn from the lay members each year, and every panel is composed by lot.
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Publicity
The Council meets in public, publishes its records and named votes, and never deliberates in secret.
Chapter 5 · Inspection and Audit
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The Judicial Inspectorate
A Judicial Inspectorate independent of the Council examines conduct and opens discipline.
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External audit
The Audit Office checks the judiciary's resources, its competitions and its assignment system.
Chapter 6 · The Constitutional Court
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Constitution and jurisdiction
The Constitutional Court has fifteen justices and rules on constitutionality, planning and competence.
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Appointment by lot
Justices are drawn by lot from a public pool, and the Council may refuse only twice per vacancy.
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The pool
Anyone qualified with fifteen years of legal experience may enter the pool.
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Term and status
Justices serve one twelve-year term, with five replaced every four years.
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The Constitutional Chamber
The Constitutional Chamber reviews texts before promulgation, in panels of seven composed by lot.
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The Ecological Chamber
The Ecological Chamber hears nature's cases in panels of five, with scientific assessors.
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Declaration of incompatibility and cure
An unconstitutional law is declared incompatible, and lapses if the Assembly fails to fix it in time.
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Entrenchment
The Court's size, terms, jurisdiction and appointment cannot be changed to affect anyone in office.
Chapter 7 · Prosecution
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The prosecution service
The prosecution service is headed by one seven-year appointment of the Judicial Council.
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Independence and instruction
Nobody may instruct a prosecutor in an individual case, and every instruction goes on the file.
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Decisions to prosecute
A decision not to prosecute must give reasons, and can be reviewed by a court.
Chapter 8 · Criminal Justice and Restoration
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Restorative panels
Restorative panels of residents drawn by lot may agree repair, but never impose punishment.
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Execution of penalties
A judge supervises every sentence, and prisons can never be run by anyone else.
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Offences against the constitutional order
Usurpation, ecocide, falsifying data and taking public resources are tried in the ordinary courts.
Chapter 9 · Guardianship of the Distribution of Functions
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Guardianship
The Constitutional Court guards the boundaries between all the powers, including its own.
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Standing
Any resident may sue over powers, ecology, rights or participation, without cost.
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Protection of the judiciary
No organ may refuse to obey a judgment, and judges are protected from reprisal.