Supreme Court of Fratanica: Difference between revisions
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Latest revision as of 21:08, 9 August 2021
| Supreme Court of Fratanica | |
|---|---|
| Established | September 6, 1941 |
| Location | Viras, Fratanica |
| Composition method | Executive selection, legislative confirmation |
| Authorized by | Constitution of Fratanica |
| Judge term length | 14 year term, no reelection or mandatory retirement by 75 years of age |
| Number of positions | 13 |
| Language | English |
| Type of tribunal | Supreme court |
| Website | supremecourt.gov.fn |
| President | |
| Currently | Lawrence Sunday |
| Since | May 26, 2016 |
The Supreme Court of Fratanica is the highest court of the judicial system of Fratanica. Composed of thirteen jurists headed by the President of the Supreme Court, the court is the supreme authority of court appeals, as well as conducting court of constitutional judicial review. Unlike other judicial decisions under Fratanica's civil law system, the Supreme Court's decisions are binding for all lower courts, and can be used as precedent. The court was established in 1899 as the Court of Cassation, and it was reorganized after the fall of August Lepins' regime in 1941.
The Supreme Court of Fratanica may take administrative cases or taxation cases only if an appeal is requested from the specialized federal courts. Instances of this occurring are extremely rare, as these specialized courts are often considered the last resort. These cases usually fall to the National Finance Court and the National Administrative Court.
Composition
The Supreme Court of Fratanica consists of 13 jurists known as puisne justices, headed by the President of the Supreme Court. Each may serve up to a 14 year term with no additional terms. If a jurist reaches the age of 75, they are mandated to retire from the bench.
Nomination and Appointment Process
By the Fratanican Constitution, the President, with advice from the Prime Minister and the Executive Council, may nominate a judge to serve on the Supreme Court if there is an opening. The President sends a "Letter of Judicial Guidance" to the National Assembly, informing the legislature that they intend to put up a particular candidate up. A motion is passed in regards to voting on the nomination. However, there are multiple ways of stalling the nomination under the National Assembly's parliamentary procedure. The opposition coalition may attempt to block such a nomination by invoking unlimited debate, which requires a supermajority of 2/3 to vote for cloture on the debate.
If the nomination is approved with a 2/3 majority in the National Assembly, then they are officially a member of the Supreme Court. The Supreme Court justice travels to the Supreme Court Building in the capital of Viras, where they then take an oath of office and receive certification, affixed with the Supreme Court seal.