Pactum De Singularis Caelum

Covenant of One Heaven

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Article 56 - The Judiciary

56.1
The Judiciary

The judicial power of One Heaven shall be vested in one (1) Supreme Court (Supreme Court) and those inferior courts named and defined through this Covenant.

Parliament (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 Covenant.

 

56.2
Construction of the Supreme Court

Excluding the foundation period of the Supreme Court, the Supreme Court shall consist of twelve (12) Justices appointed by The Unique Collective Awareness of Great Spirits upon the approval of all the faithful voting on Earth every Great Conclave every one hundred and twenty eight (128) years.

During the foundation period of the Supreme Court, the Court shall consist of four (4) Justices appointed by The Unique Collective Awareness, consistent with sacred notice and revelation.

The tenure of a Justice of the Supreme Court shall be for a period of not greater than one hundred and twenty eight (128) years and subject to their good conduct and the confidence of Parliament.

 

56.3
Power of the Supreme Court

Vested by the Covenant, the Supreme Court shall have the following powers:

Original Jurisdiction

The Supreme Court shall have original and final jurisdiction in all matters:

(1) arising under this Covenant, or involving its interpretation; and

(2) arising under any laws made by the Parliament; and

(3) of spiritual jurisdiction and/or matters of moral authority;

(4) arising under any treaty with any higher order spirit(s) or treaty with the Divine Creator; and

(5) arising from any statutes, laws and historic instruments of any non-Ucadian society that is based upon a claimed treaty with any higher order spirit(s) or the Divine Creator; and

(6) affecting consuls or other representatives of other non-Homo Sapien spiritual beings; and

(7) in which One Heaven, or a man, woman or higher order being representing an official on behalf of One Heaven is being accused of a controversy through Rule of Law of a non-Ucadian society; and

(8) between regional collective bodies of One Heaven, or between residents of different or lesser bodies of One Heaven, or between a regional collective body of One Heaven and a resident of another regional body of One Heaven; and

(9) between regional bodies of One Heaven and foreign non-Homo Sapien spiritual entity or resident of a non-One Heaven Homo Sapien collective; and

(10) in which one of the thirteen (13) Great Writs of Justice are requested to be issued against a non-Ucadian society,behaviour of a non-Ucadian society or person holding office of a non-Ucadian Society including:

Writ of Redemption and Restitution
Writ of Habeas Rex
Writ of Mandamus
Writ of Quo Warranto
Writ of Certiorari
Writ of Prohibitio
Writ of Procedendo
Writ of Coram Nobis
Writ of Scire Facias
Writ of Diripio Corpus
Writ of Jus Sentio
Writ of Interdico
Writ of Venia

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:

(1) of any Justice or Justices exercising the original jurisdiction of the Supreme Court; and

(2) of any other lesser court of One Heaven and Ucadian societies or of the Supreme Court of any Ucadian society; and

(3) of any court of any non-Ucadian society where one or more parties redeem their membership and pledge their obedience to the superior standing of the Covenant of One Heaven and the laws of Ucadia.

 

56.4
Principle of separation of powers and the Supreme Court

By virtue of the powers and functions defined in this Covenant, it shall be a principle purpose of Parliament (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.

In so far as judgments of the Supreme Court affect the function and effect of the laws of Parliament and the Bodies of One Heaven, the Court shall not be permitted to use its verdicts as an alternative means of creating new law or regulation.

However, it shall be considered a primary role of the Supreme Court to ensure that the laws of One Heaven and the new covenant at all levels reflect the good principles of this Covenant and the fair principles of justice.

Where laws by the Government or by the Parliament in anyway contradict the principles of this Covenant 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.

 

56.5
Location of the Supreme Court

The One Heaven Supreme Court shall normally reside in One Heaven. However, the court shall be be permitted to be convened upon the whole Earth and See with living flesh and blood justices presiding over judgments and rulings on only two types of occassions:

(1) from the Day of Divine Agreement being E8:Y3208:8:A1:S1:M27:D1 also known as Monday, 21 Dec 2009 until the end of the Year of Redemption UCA E1:Y2:A1:S1:M30:D1 also known as [Sat, 21 Dec 2013]; and

(2) At each subsequent Great Conclave every one hundred and twenty eight (128) years for only the period of the Great Conclave and never more than forty (40) days.

56.6
Quorum of the Supreme Court

Excluding the foundation period of the court, in relation to all matters of original jurisdiction, the minimum number of justices required to preside shall be six, excepting in matters of Covenantal and national law where all twelve justices shall be required to preside.

During the foundation period of the court, the Quorum on matters of original jurisdiction shall be permitted to be three (3) judges.

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.

56.7
Foundation Period of the Supreme Court

The Foundation Period of the Supreme Court shall be from the Day of Divine Agreement being E8:Y3208:8:A1:S1:M27:D1 also known as Monday, 21 Dec 2009 until the end of the Year of Redemption UCA E1:Y2:A1:S1:M30:D1 also known as [Sat, 21 Dec 2013].

The Founding Justices shall be the four Divine Horseman, also known as the four Divine Notaries.

56.8
Order by the Supreme Court

When one (1) or more Seals of Judges of the one true Supreme Court of One Heaven seal a Writ or Order, then that Order shall represent an official Order from the one true Supreme Court of One Heaven and no Judicial authority less than the Divine Creator and all the Archangels, Demons Redeemed, the Earth, the Solar System and Universe combined may defy the superior standing of such an Order.

No force, nor person, nor corporation, nor living or spiritual being may claim any higher standing against such a Supremely Sacred Order from the one true Supreme Court of One Heaven.

56.9
Order by the Divine Creator

When three (3) Seals or more of Judges of the one true Supreme Court of One Heaven seal an Order, or when the President Judge and at least two other justices seal an Order, then that Order shall represent the most sacred of instruments and nothing less than a direct Order from the Divine Creator including the full authority of all Angels and Archangels and all Saints and Demons Redeemed, including every man, woman and higher order spirit that has ever lived, the Earth, the Sun, the Galaxy and the Universe.

No force, nor person, nor corporation, nor living or spiritual being may claim any higher standing against such an Supremely Sacred Order from the Divine Creator.