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The High Court

Part VI The High Court

Section 59: Membership

1. The High Court of the Realm shall consist of up to fifteen of the eldest -- according to seniority of office -- ordinary members of the highest court of justice of the Realm, and an equal number of members elected for six years by the Parliament according to proportional representation. one or more substitutes shall be elected for each elected member. No Member of the Parliament shall be elected a member of the High Court of the Realm, nor shall a- Member of the Parliament act as a member of the High Court of the Realm. Where in a particular instance some of the members of the highest court of justice of the Realm are prevented from taking part in the trial of a case, an equal number of the members of the High Court of the Realm last elected by the Parliament shall retire from their seats.

2. The High Court of the Realm shall elect a president from among its members.

3. Where a case has been brought before the High Court of the Realm, the members elected by the Parliament shall retain their seats in the High Court of the Realm for the duration of such case, even if the period for which they were elected has expired.

4. Rules for the High court of the Realm shall be provided by Statute.

Section 60: Actions

1. The High Court of the Realm shall try such actions as may be brought by the King or the Parliament against Ministers.

2. With the consent of the Parliament the King may cause to be tried before the High Court of the Realm also other persons for crimes which he may deem to be particularly dangerous to the State.

Section 61: Exercise of Judiciary Power

The exercise of the judiciary power shall be governed only by Statute. Extraordinary courts of justice with judicial power shall not be established.

Section 62: Separation of Powers

The administration of justice shall always remain independent of the executive power. Rules to this effect shall be laid down by Statute.

Section 63: Control of Executive Power

1. The courts of justice shall be entitled to decide any question bearing upon the scope of the authority of the executive power. However, a person who wants to query such authority shall not, by bringing the case before the courts of justice, avoid temporary compliance with orders given by the executive power.

2. Questions bearing upon the scope of the authority of the executive power may be referred by Statute for decision to one or more administrative courts. Provided that an appeal from the decision of the administrative courts shall lie to the highest court of the Realm. Rules governing this procedure shall be laid down by Statute.

Section 64: Independence of Judges

In the performance of their duties the judges shall be directed solely by the law. Judges shall not be dismissed except by judgment, nor shall they be transferred against their will, except in the instances where a rearrangement of the courts of justice is made. However, a judge who has completed his sixty-fifth year may be retired, but without loss of income up to the time when he is due for retirement on account of age.

Section 65: Publicity

1. In the administration of justice all proceedings shall be public and oral to the widest possible extent.

2. Laymen shall take part in criminal procedure. The cases and the form in which such participation shall take place, including what cases are to be tried by jury, shall be provided for by Statute.

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