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Ccourt

The Imperial Court of Ruthenia

Empire of Ruthenia
Ruthene CoA.png

This article is part of the series:
Politics and government of
Ruthenia


The Imperial Court of Ruthenia (η αυτοκρατορική αυλή της Ρουθηνία) is a high court within the judiciary of Ruthenia which is empowered to rule on whether certain laws or imperial decrees are in fact contrary to the Constitution. Its objective is only to protect the Constitution (in Ruthene imperial law this function is known as "constitutional control" or "constitutional supervision") and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of Ruthenia.

Composition

The Imperial Court of Ruthenia consists of 19 judges, one being the Chairman and another one being Deputy Chairman. The Chairman is responsible for the allocation of cases to chambers, has considerable powers in the matters of appointment, and makes the initial recommendation for disciplinary measures, in particular dismissal.

The judges are nominated by the Basileus and appointed by the Imperial Council for 12 years. In order to become a judge of the Imperial Court a person must be a citizen of Ruthenia, at least 40 years of age, have legal education, have served as a lawyer for at least 15 years and have "recognized high qualification" in law.

The Imperial Court consists of two chambers with 10 and 9 judges respectively. The Chairman presides over one of the chambers, the Deputy Chairman presides over the other chamber. Constitutionality of laws, disputes concerning competence of governmental agencies, impeachment of the Basileus and Imperial Court's proposals of legislations must be dealt with on plenary session. Besides, Imperial Court may by its discretion submit to plenary sessions any other issue.

Powers

Certain powers of the Imperial Court are enumerated in the Constitution of Ruthenia. The Imperial Court declares laws, presidential and governmental decrees and laws of Imperial subjects unconstitutional if it finds that they are contrary to the Constitution (i.e. they violate certain rights and freedoms of citizens enumerated in and protected by the Basileus). In such instances, that particular law becomes unenforceable, and governmental agencies are barred from implementing it. Also, before an international treaty is ratified by the Parliament, the constitutionality of the treaty may be observed by the Imperial Court. The Imperial Court is not entitled to judge constitutionality of laws on its own initiative; the law may be submitted to the Imperial Court by the Basileus, the Imperial government, the Parliament, the Imperial Counci, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of Ruthenia, or a legislative body of a Imperial subject. Any imperial court may request the imperial Court to judge on the constitutionality of a law if the law is to be implemented in a case, and a judge of the imperial court is in doubt about whether the law is contrary to the Constitution. Also, any private citizen may submit in the imperial Court a claim challenging constitutionality of a particular law if that law was implemented in a particular case and thus violated rights of that citizen.

Another power of the imperial Court is to resolve disputes concerning competence of governmental agencies. Whenever the Basileus is impeached, the imperial Court renders a resolution concerning complying with the due order of indictment.

Procedure

The Imperial Court deals with cases either in chambers or in plenary sessions. All judges must be present unless he or she is sick or may have interest in the case and must not abstain from voting on the resolution. Apart from judges, claimant and his representatives governmental agencies involved are present. In order for resolution or decision to pass two-thirds of judges must be in favor of it.

See Also

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