PER 35, CR43 Salanda Judiciary Act of 2025
(Reference Number: PER 35, CR43)
~ Salanda Judiciary Act of 2025 ~
~ Preamble of this Act of Tepoelan and Definition ~
Over Three Years have passed since the Second Amendment to the Constitution of Salanda (Basic Foundation Laws of Salanda) was added to the Constitution of Salanda (Basic Foundation Laws of Salanda) one of the core amendments to Salanda’s judiciary and a core amendment in general to the Constitution of Salanda (Basic Foundation Laws of Salanda) and the beacon that shone the way for other amendments that have since been added to the Constitution of Salanda (Basic Foundation Laws of Salanda) such as the Seventeenth Amendment to the Constitution of Salanda (Basic Foundation Laws of Salanda) as great for our nation this Amendments have been even in their greatness some legal ambiguities have inevitably come to light though this is not a detraction of their greatness but a part of nature causing the age of these great legal texts meaning new ambiguities come with age which the Constitution of Salanda (Basic Foundation Laws of Salanda) was made in hindsight with the goal of allowing these to be defined in its Articles when the time came as such this Act of Tepoelan will help clean ambiguities and define legal definitions which will help Salanda uphold its laws with an outstretched hand of Justice for generations to come.
This Act of Tepoelan shall be defined as an Act of Tepoelan to clarify what constitutes the legal boundaries of the Supreme Court of Salanda such as, the powers of the elected Justice over the appointed Justices of the Supreme Court of Salanda and the ruling of Justices on the Supreme Court of Salanda and when they take effect.
~ Section One - Defining Limited Power ~
[Clause One] The limited power shall be defined as follows but it shall only be limited for appointed Justices but still being limited as defined by the Second Amendment of the Constitution of Salanda. (Basic Foundation Laws of Salanda) in Article Three (Article Three of the Second Amendment is titled Supreme Court Amendment) as follows.
[Clause Two] First this Act of Tepoelan will define the term case in a judicial sense, that a case is a legal argument brought to the Supreme Court of Salanda that the Supreme Court of Salanda has agreed to hear.
[Clause Three] Before being approved on a hearing as a case it shall be legally defined as not a case but a legal argument awaiting approval by the Supreme Court of Salanda for a hearing.
[Clause Four] Of which a hearing is when a legal argument is approved by the Supreme Court of Salanda and then heard by the Supreme Court of Salanda as a case with the Supreme Court of Salanda then making a decision on the case.
[Clause Five] As such following the passage of this Act of Tepoelan the Supreme Court of Salanda cannot make a decision on a legal argument unless it has been brought before them and they have approved it thus making it into the case as defined by this Act of Tepoelan and then making a decision on it.
[Clause Six] - A legal argument in for the of the legal scope except in one scenario to be approved as a case to be heard just needs a simple majority if there are many Justices active within a time frame that shall constitute 3 hours but even in a scenario where a few or even just one Justice an approval from one Justice alone if there is only one Justice active at the said time of which even if one Judge gives their approval for the case to be heard and in a 3 hour time frame with no opposition within that 3 hour time frame is good enough for a legal argument to be heard as case. Furthermore if there is a deadlock in the court the legal argument cannot be heard as a case but is neither accepted nor rejected.
[Clause Seven] - This Act of Tepoelan will now define this one scenario and how it differs. The scenario regards Amendment Seventeen of the Constitution of Salanda (Basic Foundation Laws of Salanda) in that limited power will be applied to all appointed Justices in the Supreme Court of Salanda in approving a legal argument to be heard as a case if it is regarding a strike down regarding an Act of Tepoelan or Acts of Tepoelan passed by the Tepoelan (I.e either the Chamber of Provincial Emissary of the Tepoelan or the People’s Channel of the Tepoelan), in that scenario the elected Judge has the sole power of the Supreme Court of Salanda to approve the legal argument as a case where it can be decided on by the Supreme Court of Salanda or to reject it in which the Supreme Court of Salanda will not be able to hear it and make a decision on it as a case.
[Clause Eight] - However if in the scenario that the elected Justice is inactive of which inactive shall be defined as 72 hours from when the legal argument was submitted for approval or elections haven’t been held for an elected Justice of the Supreme Court of Salanda for any type of reason then the Supreme Court of Salanda meaning appointed Justices of the Supreme Court of Salanda will be able to approve or reject the legal argument regarding strike downs too so it may be heard or not as a case.
[Clause Nine] - The notes for this section shall be that once a legal argument is rejected by the Supreme Court of Salanda it cannot be brought up again for approval for one year and if rejected a second time three years it cannot be brought up which shall be the time fixed permanently it shall have to wait between petitioning the court to hear the legal argument as a case if rejected more than twice. This does not apply in the situation that the court is deadlocked and the legal argument in that situation has two more chances where they can petition the court to approve the legal argument as a case but then thereafter they will have to wait three years like the other scenarios.
[Clause Ten] - This shall as stated in these past clauses define the limited power of Article Three of the Second Amendment to the Constitution of Salanda (Basic Foundation Laws of Salanda) regarding the limited power on appointed Justices as aforementioned when there is an elected Justice of the Supreme Court of Salanda present only they shall be able to approve or reject cases henceforth making appointed Justices of the Supreme Court of Salanda’s power limited.
~ Section Two - When Supreme Court of Salanda rulings take effect ~
[Clause One] - A Supreme Court of Salanda ruling once it has received the majority of Justices in favour present on what the ruling should be or the 60-80% in the scenario of the Supreme Court of Salanda striking down an Act/s of Tepoelan or not and any other scenarios shall be as follows:
[Clause Two] - Regarding the scenario of the Supreme Court of Salanda striking down or not striking down an Act of Tepoelan of which depending on the makeup of the court according to the Seventeenth Amendment of the Constitution of Salanda 60-80% voting to strike down an Act/s of Tepoelan the ruling once it has been decided whether or not to strike down the Act/s of Tepoelan shall take effect immediately.
[Clause Three] - Regarding the other scenarios such as all the Court as a whole and there is a majority and it has already come to a decision to rule in favour or not of the case, the ruling shall take effect immediately.
[Clause Four] - If the Supreme Court of Salanda has a majority of those present for a ruling to rule in favour or not of a case and it holds under this Act of Tepoelan for more than 72 hours with no other Justices becoming active on the case the ruling shall take effect following 72 hours.
[Clause Five] - If the Supreme Court of Salanda is deadlocked in that 1) The whole of the Supreme Court of Salanda is deadlocked which can happen due to how sometimes it is operated regarding appointments/the elected justice of the Supreme Court of Salanda and the election of the elected Justice due to arrangement issues or 2) All currently present Justices of the Supreme Court of Salanda are deadlocked and in the whole 72 hours no other Justices come and this happens for more than 72 hours no decision shall effect and the case will be closed but no decision shall have been made and every legality shall remain as before regarding that case and since it shall be closed if no decision has been made it will become a legal argument again as defined Section One of this Act of Tepoelan and it will need to be approved by the Supreme Court of Salanda again with Section One of this Act of Tepoelan defining the ways for approval of a legal argument as a case.
~ Section Three - Enforcement of this Act of Tepoelan ~
[Clause One] - Whereby it is declared that upon this Act of Tepoelan becoming law of Salanda that the Government of Salanda and the Supreme Court of Salanda shall be held responsible and accountable for the enforcement of this Act of Tepoelan and how it is enforced according to this Act of Tepoelan’s sections.
~ Section Four - Archival of this Act of Tepoelan ~
[Clause One] This Act of Tepoelan shall be transferred to the Chief Archivist of Salanda for secure storage in the Salanda National Archives. The Chief Archivist is a non-political position responsible solely for the safekeeping and official registration of Salanda’s legal documents.
[Clause Two] This procedure aligns with the Archival Act of Salanda of 2023, which mandates the transfer of all governmental documents, files, and artifacts to the Salanda National Archives for preservation.
[Clause Three] The Chief Archivist of Salanda is the incumbent Monarch of the Kingdom of Salanda, whose responsibility is strictly limited to the physical preservation and official registration of this Act alongside other national laws and documents. This responsibility does not grant authority over the content, enforcement, or interpretation of the law, in accordance with Article Three of the Constitution of Salanda (Basic Foundation Laws of Salanda), which ensures the Monarch does not influence government institutions.
[Clause Four] This process ensures transparency and public accessibility by keeping a permanent and verifiable record of this Act of Tepoelan within the Salanda National Archives, allowing the citizens of Salanda to access the official text of this Act of Tepoelan along with the other national laws making this Act of Tepoelan go along with the flow of consistency for the ease for people in Salanda to access these texts.
~ Section Five - Signalling changes made by the Act of Tepoelan ~
[Clause One] The Government of Salanda shall signal to the Supreme Court of Salanda what this Act of Tepoelan changes upon the signing and sealing of this Act of Tepoelan into law of Salanda in order that the Supreme Court of Salanda will be able to discharge its duties correctly as mandated under this Act of Tepoelan.
~ Section Six – Entry of this Act of Tepoelan into the Law of Salanda ~
[Clause One] - This Act of Tepoelan shall become effective as a law of Salanda upon the signing of this Act of Tepoelan after being passed by the Chamber of Provincial Emissary of the Tepoelan and as such this Act of Tepoelan shall become enforceable as a law of Salanda upon the Royal Seal of Salanda being placed upon this Act of Tepoelan.
~ Section Seven – Status of this Act of Tepoelan as a Law of Salanda ~
[Clause One] - This Act of Tepoelan cannot be repealed or amended by an Executive Order of Salanda and as such can only be repealed or amended by another Act of Tepoelan or by an Amendment to the Constitution of Salanda also known as the Basic Foundation Laws (of Salanda).
Signature/Approval of the Incumbent Monarch of (the Kingdom of) Salanda:
Reuben I, Incumbent Monarch of (the Kingdom of) Salanda.
[Signed and] Sealed on 15 January 2025.