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you are here: > The One Faith of God > Article
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National objects |
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| Article 56- The judiciary | ||
| 56.1 | The judiciary | |
| The judicial power of The One Faith shall be vested in one Supreme Court (Supreme Court) and those inferior courts named and defined in this Constitution. |
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| The Supreme Council may itself introduce further inferior courts as is deemed necessary to establish on condition that it does not conflict, corrupt or diminish the primary courts listed in this Constitution. |
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| 56.2 | Construction of the Supreme Court | |
| The Supreme Court shall consist of twelve (12) Justices appointed by The Messiah upon the approval of Parliament (Supreme Council) at a time of vacancy of position to the Supreme Court. |
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| The tenure of a Justice of the Supreme Court shall be for a period of not greater than eight (30) years and subject to their good conduct and the confidence of Parliament. A Justice shall be required to resign within 30 days of their 80th birthday, regardless the remaining length of their tenure. |
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| 56.3 | Power of the Supreme Court | |
| Vested by the Constitution, the Supreme Court shall have the following powers: |
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| Original Jurisdiction |
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| The Supreme Court shall have original and final jurisdiction in all matters: | ||
| (1) arising under this Constitution, or involving its interpretation; (2) arising under any laws made by the Parliament; (3) of spiritual jurisdiction and/or matters of moral authority; (4) arising under any treaty; (5) affecting consuls or other representatives of other countries; (6) in which The One Faith, or a person suing or being sued on behalf of The One Faith, is a party; (7) between national bodies of The One Faith, or between residents of different national bodies of The One Faith, or between a national body of The One Faith and a resident of another national body of The One Faith; (8) between national bodies of The One Faith and foreign organisation or resident of a non-The One Faith country; (9) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of The One Faith. |
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| Appellate Jurisdiction | ||
| The Supreme Court shall represent the final and conclusive court of appeal in all matters determined from all judgments, decrees, orders, and sentences: |
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| (1) of any Justice or Justices exercising the original jurisdiction of the Supreme Court; (2) of any other court of The One Faith, or court exercising national jurisdiction; or of the Supreme Court of any National body, or of any other court of any National body ; |
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| 56.4 | Principle of separation of powers and the Supreme Court | |
| By virtue of the powers and functions defined in this Constitution, it shall be a principle purpose of the Supreme Council to make laws and a principle purpose of the Supreme Court to preside and judge over cases brought in regards to these laws. This is a principle of the separation of powers. |
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| In so far as judgments of the Supreme Court affect the function and effect of the laws of Parliament and the National Bodies of The One Faith, the Court shall not be permitted to use its verdicts as an alternative means of creating new law or regulation. |
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| However, it shall be considered a primary role of the Supreme Court to ensure that the laws of The One Faith and the new covenant at all levels reflect the good principles of this Constitution and the fair principles of justice. |
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| Where laws by the Government or by the Parliament in anyway contradict the principles of this Constitution and/or fails to execute effectively its function or purpose it shall be considered a requirement of the Supreme Court to ensure that such laws and regulations are properly read down and rendered ineffective in their enforcement. |
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| 56.5 | Quorum of the Supreme Court | |
| In relation to all matters of original jurisdiction, the minimum number of justices required to preside shall be six, excepting in matters of constitutional and national law where all twelve justices shall be required to preside. |
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| In relation to all matters of appellate jurisdiction, the minimum number of justices required to preside shall be three, except in any case involving the appeal or review of a previous Supreme Court ruling, where all twelve justices shall be required to preside. |
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