Wednesday, May 1, 2024

Chapter 2.6.

Chapter 2: Charter of the Commons' Convention


2.6. Interpretation and application of the Charter

The Charter of the Commons' Convention is the supreme law which, as a single statute, is scheduled for judicial execution. In this respect, there is some overlap with national constitutions, but this differs from national constitutions, which tend to be passive in their judicial enforcement, whether through a special trial system such as the Constitutional Court or through case-by-case application by the judicial courts.

The judicial enforcement system of the Charter of the Commons' Convention is first constructed on the basis of the level of each Zone. In other words, the Charter Committee, one of the standing committees in the Commons' Convention, also functions as a judicial body for the Charter. In this respect, it is similar to the Constitutional Court, which specializes in constitutional litigation, but the ordinary judiciary may also apply the Charter in specific cases.

The Charter Committee also serves as routine charter inspectors, as it can hear and rule on whether the activities of public bodies violate the Charter upon the filing of a complaint by a delegate to the Commons' Convention.

If a citizen wishes to complain of a violation of the Charter, he or she must first appeal to the the Charter Committee at the Zonal level, and if that does not bring about the desired resolution, he or she may appeal to the judicial organs of the World Commonwealth. 

There are two main lines of judicial organs at the level of the World Commonwealth: the Charter Council, which is a body that reviews constitutional violations, and the Board of Human Rights Review and Enforcement, which specializes in human rights remedies.

The Charter Council has the final authority to hear and decide whether the laws and regulations of the Zone are in violation of the Charter of the World Communities. the Board of Human Rights Review and Enforcement, on the other hand, has the final authority to hear and decide whether specific acts of human rights violations against individuals or groups violate the Charter.

In either case, a requirement for filing a lawsuit is that all judicial means within the Zone have been exhausted, so that an appeal to a judicial body at the level of the World Community is positioned as the final and last resort as a judicial enforcement regime of the Charter of the Commons' Convention.



👉The papers published on this blog are meant to expand upon my On Communism.