Supreme Ducal Court
Supreme Ducal Court | |
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Established | 9 January 2023 |
Jurisdiction | Marienbourg |
Location | Blauberga, Marienbourg. |
Composition | Appointed by the Monarch |
Authorized by | Constitution of Marienbourg |
Term length | Life-long |
Seats | 3 |
None Triumvirate |
The Supreme Ducal Court (Portuguese: Suprema Corte Ducal) is the constitutional, supreme and only court of the Duchy of Marienbourg for all civil and criminal cases. Its rullings cannot be appealed and it cannot overturn any legislation made by the Ducal Diet unless that legislation is found to be ultra vires. In criminal and administrative law, Marienbourg uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor or plaintiff and the defendant. The Supreme Court is a triumvirate of peers of equal status directly appointed by the Duke of Marienbourg and removable at his pleasure.
The main task of the Supreme Ducal Court is judicial review, and it may declare legislation unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, but it is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries due to its inability to overturn primary legislation.