Propose Amendment to Article VIII

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Article VIII – Judiciary

  • Section A: The judicial authority shall be vested in the Supreme Court, the Court of Session, High Court of Justiciary, Sheriff Courts, and such other Courts and Tribunals as may be established by the CSL.
  • Section B: The Supreme Court shall consist of seven members. It shall have final binding appellate jurisdiction over all questions concerning:
  • § 1. The validity of modifications and additions to the CSL, treaties, under the terms of this Constitution.
  • § 2. Constitutional judicial review and interpretation.
  • Section C: Judges of the Supreme Court, members of the Court of Session and High Court of Justiciary, Sheriffs, and all other members of the judiciary, with the exception of Justices of the Peace, shall be appointed by the President, on the advice of the Scottish Commission for Constitutional Development and Harmonization.
  • Section D: Members of the judiciary shall serve a maximum of 2, 5-year terms during good behaviour. They may only be removed on the grounds of misconduct, neglect of duty, or incapacity, by means of a motion of censure passed by a two-thirds majority vote of Parliament, on the advice of the Scottish Commission for Constitutional Development and Harmonization.
  • Section E: Judicial office shall be incompatible with all other public offices and with membership of any political party. Additional incompatibilities may be prescribed by the CSL.
  • Section F: The salaries and privileges of members of the judiciary shall be determined by the CSL, and shall not be diminished during their tenure.
  • Section G: Members of the judiciary shall be reassigned after their terms, or retire on pensions upon reaching the retirement age prescribed by the CSL. Early retirement may be granted by the Judicial Appointments Council on the grounds of illness or infirmity.
  • Section H: The Advocate General shall be appointed by the Council of Ministers, after consultation with the Judicial Appointments Council, for twice renewable five-year terms. The organisation of the Judicial Office, and procedures for the appointment of Attorneys General, shall be determined by the CSL.
  • Section I: The right of pardon, and of remitting punishments, shall be vested in the President, and exercisable upon the advice of the Minister of Justice, given after he or she has considered the recommendations of an independent Pardons Board to be established according to the CSL.


Justification for Amendment

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