06-19-2004, 05:26 AM
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ARTICLE IX. THE JUDICIAL POWER
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[*]Justice emanates from the people and is administered in the name of the King by Judges and Magistrates who are members of the judicial power and who are independent, responsible, and subject only to the rule of the law.<>
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[*]The Judicial Power shall be vested in a High Court and other courts of limited jurisdiction. The other courts and their jurisdiction may from time to time be established, altered or abolished by law<>
[*]The exercise of jurisdictional power in any type of processes passing judgments and having judgments executed belongs exclusively to the Courts and Tribunals as determined by the laws, according to the norms on the competence and procedure which they establish.<>
[*]The Courts and Tribunals shall not exercise any functions other than those set forth in the previous paragraph and those expressly attributed to them by law to guarantee any right.<>
[*]Exceptional Tribunals are prohibited.<>
[*]The principle of jurisdictional unity is the basis of the organization and operation of the Tribunals.<>
[*]The Judicial Power shall extend to all cases, in law and equity, arising under this Organic Law, the Laws of the Kingdom of Hanover, and treaties made, or which shall be made, under their authority.<>
[*]Justice shall be free of charge when the law so provides and in any case for those who have insufficient means to litigate.<>
[*]Judicial proceedings shall be public, with the exceptions provided for by the laws on procedure.<>
[*]The sentences shall always be motivated and shall be pronounced in public audience.<>
[*]Damages caused by judicial error and those which may result from the abnormal operation of the Administration of Justice shall provide the right to an indemnification by the State, in accordance with the law.<>
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[*]The High Court, with universal jurisdiction, is the highest jurisdictional organ of the judiciary.<>
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[*]The King Shall appoint a Chief Justice to preside over the High Court, and all other justices who shall sit upon the High Court, his appointments being subject to the approval of Parliament.<>
[*]There shall be no more than 9 justices in number.<>
[*]In all cases affecting Ambassadors, public ministers, impeachment and in which the state shall be a party, the High Court shall have original jurisdiction, in all the other cases before mentioned, the High Court shall have appellate jurisdiction, both as to law and fact. Original jurisdiction matters not pertaining to the above-enumerated circumstances shall reside within a lower court.<>
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[*]The Office of the Prosecutor General, without prejudice to the functions entrusted to other organs, has the mission of promoting the action of justice throughout the nation.<>
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[*]The Prosecutor General exercises its functions by means of its own organs in conformity with the principles of unity of action and hierarchical dependency, subject in all cases to the principles of legality and impartiality.<>
[*]The Prosecutor General shall be appointed by the King at the proposal of the Government.<>
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[*]Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury in the manner that the law may determine for certain criminal trials, as well as in the customary and traditional Courts.<>
[*]The police come under the Judges, the Courts, and the Prosecutor General in their functions of investigating crimes and finding and seizing the criminal under the terms the law may establish.<>
[*]The Judges and Magistrates, <strike>as well as the prosecutors,</strike> while on active service, may not hold other public positions. The law shall establish the system and modalities of professional association of Judges, and Magistrates<strike>, and Prosecutors</strike>. The law shall establish the system of incompatibilities of the members of the judicial power which must insure their total independence.<>
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</span><span style="font-size:14">
ARTICLE IX. THE JUDICIAL POWER
</span><span style="font-size:14">
[list=1]
[*]Justice emanates from the people and is administered in the name of the King by Judges and Magistrates who are members of the judicial power and who are independent, responsible, and subject only to the rule of the law.<>
[list=A]
[*]The Judicial Power shall be vested in a High Court and other courts of limited jurisdiction. The other courts and their jurisdiction may from time to time be established, altered or abolished by law<>
[*]The exercise of jurisdictional power in any type of processes passing judgments and having judgments executed belongs exclusively to the Courts and Tribunals as determined by the laws, according to the norms on the competence and procedure which they establish.<>
[*]The Courts and Tribunals shall not exercise any functions other than those set forth in the previous paragraph and those expressly attributed to them by law to guarantee any right.<>
[*]Exceptional Tribunals are prohibited.<>
[*]The principle of jurisdictional unity is the basis of the organization and operation of the Tribunals.<>
[*]The Judicial Power shall extend to all cases, in law and equity, arising under this Organic Law, the Laws of the Kingdom of Hanover, and treaties made, or which shall be made, under their authority.<>
[*]Justice shall be free of charge when the law so provides and in any case for those who have insufficient means to litigate.<>
[*]Judicial proceedings shall be public, with the exceptions provided for by the laws on procedure.<>
[*]The sentences shall always be motivated and shall be pronounced in public audience.<>
[*]Damages caused by judicial error and those which may result from the abnormal operation of the Administration of Justice shall provide the right to an indemnification by the State, in accordance with the law.<>
[st]
[*]The High Court, with universal jurisdiction, is the highest jurisdictional organ of the judiciary.<>
[list=A]
[*]The King Shall appoint a Chief Justice to preside over the High Court, and all other justices who shall sit upon the High Court, his appointments being subject to the approval of Parliament.<>
[*]There shall be no more than 9 justices in number.<>
[*]In all cases affecting Ambassadors, public ministers, impeachment and in which the state shall be a party, the High Court shall have original jurisdiction, in all the other cases before mentioned, the High Court shall have appellate jurisdiction, both as to law and fact. Original jurisdiction matters not pertaining to the above-enumerated circumstances shall reside within a lower court.<>
[st]
[*]The Office of the Prosecutor General, without prejudice to the functions entrusted to other organs, has the mission of promoting the action of justice throughout the nation.<>
[list=A]
[*]The Prosecutor General exercises its functions by means of its own organs in conformity with the principles of unity of action and hierarchical dependency, subject in all cases to the principles of legality and impartiality.<>
[*]The Prosecutor General shall be appointed by the King at the proposal of the Government.<>
[st]
[*]Citizens may exercise popular action and participate in the Administration of Justice through the institution of the Jury in the manner that the law may determine for certain criminal trials, as well as in the customary and traditional Courts.<>
[*]The police come under the Judges, the Courts, and the Prosecutor General in their functions of investigating crimes and finding and seizing the criminal under the terms the law may establish.<>
[*]The Judges and Magistrates, <strike>as well as the prosecutors,</strike> while on active service, may not hold other public positions. The law shall establish the system and modalities of professional association of Judges, and Magistrates<strike>, and Prosecutors</strike>. The law shall establish the system of incompatibilities of the members of the judicial power which must insure their total independence.<>
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