TITLE VII — JUSTICE AND THE CONSTITUTIONAL COURT
Chapter I — Judicial Authority
Article 109 — Judicial Power
Justice shall be administered in the name of the Principality of Carlisne, in accordance with the Constitution, the laws and lawfully applicable territorial rules.
Judicial power shall be independent of the political, administrative and military authorities.
Its organisation shall comprise national courts, territorial courts and the Constitutional Court.
Article 110 — Independence of Judges
Judges shall discharge their duties with complete independence and impartiality.
They may not receive instructions concerning the adjudication of a case from the Crown, the Government, Parliament or a seigneurial authority.
Their appointment, status and disciplinary accountability shall be determined by law, with due respect for their independence.
Article 111 — Fundamental Judicial Safeguards
Everyone shall be entitled to a fair hearing before a competent, independent and impartial court.
The rights of the defence, the presumption of innocence, the adversarial principle and access to remedies provided by law shall be guaranteed.
No person may be convicted of an act that did not constitute an offence at the time it was committed.
Chapter II — Territorial Courts
Article 112 — Justice in the Fiefs
Each fief may maintain territorial courts competent to hear matters falling within its legal order.
These courts shall apply territorial rules within the limits of the Constitution and applicable national laws.
The existence of territorial justice shall not constitute judicial sovereignty independent of the Principality.
Article 113 — Appointment of Territorial Judges
Lords shall have the power to appoint the judges of their territorial courts in accordance with the statutory requirements for qualifications and suitability.
Once appointed, judges shall discharge their duties with complete independence.
A lord may neither impose a decision upon them, arbitrarily annul a judgment nor penalise a judge solely because of the substance of a lawfully delivered decision.
Article 114 — Territorial Criminal Penalties
Territorial courts may impose the penalties prescribed by the laws lawfully applicable within their jurisdiction.
Territorial legislation may provide for capital punishment where authorised by the applicable law.
Such a sentence may be imposed only following due judicial proceedings providing enhanced safeguards for the defence, evidence and appeals.
No execution may take place before all appeals with suspensive effect provided by law have been exhausted.
Every penalty shall remain subject to constitutional review and to the international commitments applicable to the Principality.
Chapter III — National Courts and Arbitration by the Crown
Article 115 — National Courts
National courts shall hear cases falling within State competence, including those assigned to them by law in criminal, civil and administrative matters and in disputes between authorities.
They shall ensure the uniform application of national rules.
The law shall organise their jurisdiction, their levels of adjudication and their appeal procedures.
Article 116 — Judicial Arbitration by the Crown
In territorial matters in which the Constitution grants it powers of arbitration or final recourse, the Crown may intervene under a legally regulated procedure.
Such intervention may not replace constitutional review.
It shall respect the rights of the defence, the final decisions of the Constitutional Court and the limits prescribed by organic law.
Arbitration by the Crown shall confer no general power to alter arbitrarily the decisions of independent courts.
Chapter IV — The Constitutional Court
Article 117 — Establishment of the Constitutional Court
The Constitutional Court shall be the supreme court responsible for ensuring compliance with the Constitution.
It shall review the constitutional conformity of acts falling within its jurisdiction and resolve constitutional disputes duly referred to it.
It shall be independent of the Crown, the Government, Parliament and the territorial authorities.
Article 118 — Composition of the Constitutional Court
The Constitutional Court shall consist of five judges.
They shall be appointed as follows:
One judge by the Sovereign Prince or Sovereign Princess, or by the Chancellor during a vacancy of the Throne.
One judge by the Prime Minister.
One judge by the Chamber of Citizens.
One judge by the Chamber of Peers.
One judge chosen jointly by the four previously appointed judges.
The appointment procedures and safeguards for independence shall be determined by organic law.
Article 119 — Term of Office of Constitutional Judges
Judges of the Constitutional Court shall be appointed for a non-renewable term of nine years.
They may not be removed on account of their legal opinions or the outcome of their decisions.
An organic law shall establish the incompatibilities, safeguards for independence and exceptional grounds for early termination of their office.
Article 120 — Referrals to the Constitutional Court
Only the following may refer a matter directly to the Constitutional Court:
The Sovereign Prince or Sovereign Princess, or the Chancellor during a vacancy of the Throne.
The Prime Minister.
The Chamber of Citizens, acting by collective decision.
The Chamber of Peers, acting by collective decision.
Private individuals, lords acting individually and other authorities shall have no right of direct referral.
Ordinary courts shall remain bound to comply with the Constitution and the decisions of the Constitutional Court.
Article 121 — Constitutional Jurisdiction
The Constitutional Court shall rule, in particular, on:
The conformity of laws and normative acts with the Constitution.
Constitutional conflicts between national institutions.
Constitutional infringements of the autonomy of fiefs.
Constitutional disputes concerning the allocation of powers.
Exceptional institutional accountability procedures expressly assigned to it.
Dynastic questions falling within its judicial review jurisdiction.
The arrangements for exercising these powers shall be established by organic law.
Article 122 — Authority of Constitutional Decisions
Decisions of the Constitutional Court shall be final and binding.
They shall bind all public authorities, including the Sovereign Prince or Sovereign Princess, the Chancellor, the Government, Parliament and the lords.
No authority may annul them, suspend them or refuse to enforce them by invoking its rank or prerogatives.
Article 123 — Effects of Decisions
Where a provision is declared unconstitutional, the Constitutional Court shall determine the legal consequences of its decision under the conditions prescribed by organic law.
It may specify the effects of the finding of unconstitutionality in order to preserve legal certainty and institutional continuity.
Its decisions may not be used to confer the Crown in breach of dynastic rules or automatically to call into question a lawfully performed coronation.
Chapter V — Organic Provisions
Article 124 — Organic Law Governing the Judiciary
An organic law shall determine the organisation of national and territorial courts, the status of judges, safeguards for independence, appeal procedures and the functioning of the Constitutional Court.
It shall also specify referral procedures, deliberation rules and the arrangements for enforcing constitutional decisions.
It may neither diminish judicial independence nor alter the constitutionally guaranteed composition and jurisdiction of the Constitutional Court.