Constitutional Court of Toloria

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Supreme Court of Toloria
Tol Constitutional Court.png
Emblem of the Constitutional Court of Toloria
Established1972
LocationAsaleka, Toloria
Composition methodMixture of presidential and legislative appointment
Authorized byConstitution of Toloria
Judge term length13 years non-renewable
Number of positions9
Chief Judge
CurrentlyAbelo Thando
Since2004

The Constitutional Court of Toloria(CCOT) is the supreme interpreter of the Tolorian Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Toloria.

The Constitutional Court consists of nine judges who are appointed by the President of Toloria from a list drawn up by the Judicial Commission. The judges serve for a term of 13 years, after which they can no longer serve on the Constitutional Court, but can, however, be appointed to the Supreme Court. The Court is headed by the Chief Justice of Toloria and the Deputy Chief Justice. The Constitution requires that a matter before the Court be heard by at least five judges. In practice, all nine judges hear almost every case. Decisions are reached by a majority and written reasons are given.

History

Justices

Appointment

Current Justices

The Constitution as Supreme Law

The judgments of the court are based on the Constitution, which is the supreme law of the land. They are binding on all organs of government, including the parliament, the presidency, the police force, the army, the public service and all courts. This means that the Court has the power to declare an Act of Parliament null and void if it conflicts with the Constitution as well as control executive orders in the same way.

Court Proceedings

The Court does not hear evidence or question witnesses. It does not decide directly whether accused persons are guilty or whether damages should be awarded to an injured person. These are matters for the ordinary courts. Its function is to determine the meaning of the Constitution in relation to matters in dispute. One consequence of this is that the Court works largely with written arguments presented to it by the involved parties. The hearings of the Court are intended to address particularly difficult issues raised by the written arguments of the parties.

The hearings of the Court are open to the public and the press. Cameras are only allowed to be used by established news organizations. There is a screening process and permit that must be obtained beforehand. The public is invited to attend all sessions. Ordinary rules of decent dress and decorum apply.

Co-operation with Parliament and Provincial Assemblies

The Constitutional Court has a special responsibility to parliament and the provincial legislatures. If there is a dispute in parliament or in a provincial legislature concerning whether or not legislation that has been passed and assented to is constitutional, a quarter of the members of the body concerned may apply to the Constitutional Court to give a ruling. Similarly, the Governor of a Province may refer a bill to the Court for a decision on its constitutionality before assenting to that Bill.