👉The table of contents so far is here.
Chapter 7: The System of Litigation Law
7.8. Jurisprudence justice
The jurisprudence justice is a judicial branch that conducts legal review to resolve legal interpretation disputes that arise when each branch of the judiciary applies laws and regulations. Under the Commons' Convention system, interpretation of laws and regulations is exercised by the Commons' Convention itself, which enacts the laws and regulations, thereby ensuring thorough democracy.
Within the jurisprudence justice, a distinction is made between constitutional review, which concerns the interpretation of the Commons' Convention Charter (hereinafter simply referred to as the Charter), which serves as the highest law, and general legal review, which concerns the interpretation of general laws and regulations other than the Charter. Constitutional review is carried out by the Charter Committee established in each Zonal Commons' Convention, while general legal review is carried out by the Jurisprudence Committee established also in each Zonal Commons' Convention.
Both committees have the dual role of serving as standing committees of the Commons' Convention while also exercising judicial power of legal principles. Therefore, in addition to the general delegates who are involved in proposing amendments to the Charter itself, the Charter Committee also includes special delegates (judge committee members) appointed from among lawyers who are solely responsible for constitutional review, and the Jurisprudence Committee is made up entirely of special delegates (judge committee members) who are lawyers (see my article for details on the status of special delegates).
As we saw in the previous articles judicial bodies in each judicial field may be forced to interpret laws and regulations, including the Charter, when handling the cases they are responsible for. In such cases, they have the initial authority to issue their own legal interpretation. A party dissatisfied with a decision based on that legal interpretation can request a legal appeal from one of the committees mentioned above.
The committee that receives the request reviews the validity of the initial legal interpretation and decides whether to approve it. If not, it issues a decision on its own interpretation and remands the case. The judicial body that receives the remand must then proceed with the case again, based on the committee's interpretation.
Incidentally, because the Charter regards the World Commonwealth Charter as the ultimate unified source of law, if there is a suspicion that the interpretation of the Commons' Convention Charter Committee regarding a Zonal Charter violates the World Commonwealth Charter, the dissatisfied party can file an international appeal with the World Commonwealth Charter Council.
The Council is the final and sole judicial authority regarding the interpretation of the World Commonwealth Charter. The ruling will be a universal precedent that will equally bind all Zones that make up the World Commonwealth, and the jurisprudence justice of each Zone will be obliged to conduct their decisions based on this premise.
👉The papers published on this blog are meant to expand upon my On Communism.
