Supreme Court of Selucia

The Supreme Court of Selucia (in Selucian: *Iudicium Maximum*) is the highest federal court of Selucia. It has ultimate appellate jurisdiction over all regional courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases. In the legal system of Selucia, the Supreme Court is the final interpreter of federal constitutional law, although it may only act within the context of a case in which it has jurisdiction.

The Court consists of the **Iudex Maximus** (Supreme Judge) of Selucia and six **Iudices Superiores** (Superior Judges) who are nominated by the Rector and confirmed by the Senate. Once appointed, justices serve for twenty years unless they resign, retire, or are removed after impeachment (though no justice has ever been removed). In modern discourse, the justices are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. Each justice has one vote, and while many cases are decided unanimously, the highest profile cases often expose ideological beliefs that track with those philosophical or political categories. The Iudicium meets in the **Selucia Supreme Court Building** in **Victoria**, **Insularia**.

## History

The Supreme Court was created in 1980 by Virgilio Auxentius, soon after the defeat of the Selucian dictatorship, as part of their electoral program in order to separate the judicial and executive powers in Selucia. It replaced the old system of Courts stablished prior to the Selucian dictatorship, and unified all the judifical system in a maximum instance.

## Composition

### Law

I. The Supreme Court of Selucia (Iudicium Maximum) is established as the supreme court and ultimate appellate court in the Republic of Selucia.

II. The Supreme Court shall consist of the Iudex Maximus (Supreme Judge) of Selucia and six Iudices Superiores (Superior Judges).

III. The Iudex Maximus is appointed by the Ministry of Justice.

IV. Each Praetor shall appoint one Iudex Superior.

V. The General Council of the Judiciary of Selucia shall have the power to name one Iudex Superior.

VI. All Supreme Court justices serve a single non-renewable twenty year term. Should any justice retire or become incapacitated while in office the empty seat shall be filled according to the criteria of Articles III, IV, and V of this Law.

VII. Recognizing that all sovereignty in Selucia belongs to the People which it exercises through its representatives in the Senate, the Supreme Court shall not have the power to overturn any primary legislation passed by the Senate, but it may issue a declaration of incompatibility as outlined in Article IX.

VIII. The Supreme Court shall have the power to overturn secondary legislation, that is executive orders, acts of provincial or municipal assemblies, and acts of regional executives, if such acts are deemed ultra vires to the powers constitutionally granted to these bodies, or if such acts violate the primary legislation of the Republic.

IX. The Supreme Court shall have the power to determine whether primary or secondary legislation contradicts constitutional principles of the Republic or violates the obligations undertaken by the Republic by treaty. The Supreme Court may overturn secondary legislation it deems incompatible with the Constitution or international treaties. If the Supreme Court finds that primary legislation is incompatible with the Constitution or international treaties it may issue a declaration of incompatibility. When the Supreme Court issues a declaration of incompatibility regarding primary legislation, the Senate will be required to either amend it in light of the Court's declaration or reaffirm it and reject the Court's reasoning.

X. Any Senator has the power to appeal to the Supreme Court if they believe an item of secondary legislation is ultra vires or if they believe primary or secondary legislation is incompatible with the Constitution or international treaties.

XI. The Supreme Court shall have the power to judge any Rector or former Rector of the nation.

XII. Any member of the Supreme Court shall be removed by a majority of 2/3 of the votes in the Senate, and shall receive the approval of the Iudex Maximus. If the one to be removed is the Iudex Maximus, the affirmative vote of at least 2 Iudex is required.

XIII. If no member is appointed by the legal forms in a period of 5 years after the vacancy of the previous judge, the Ministry of Justice shall be responsible of the new appointment.

XIV. One member of the Court will serve as link between the Sedes Nationalis Exploratoria Selucia, SNES), as stated in its own legislation. This member shall be chosen among them by a qualified majority.

### Size

The number of judges was limited to seven as an odd number to avoid any possible tie in votings.

### Appointment and confirmation

The **Minister of Justice** (advised by the Rector)and the **Praetors of Selucia** shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Judges of the '**Supremum Iudicatorium**." Most Rectores nominate candidates who broadly share their ideological views, although a justice's decisions may end up being contrary to a president's expectations. Because the Constitution sets no qualifications for service as a justice, a president may nominate anyone to serve, subject to Senate confirmation.

The Senate shall vote to approve the candidature or not. At least 2/3 of the Selucian parties and 2/3 of the Senators shall vote. The candidate would pass if a single majority is achieved, and would fail in the opposite scenario. If it fails, there is no second chance and Article 99 is immediately activated, which indicates that *"if after all the candidates presented have been proposed to the Senate and no one has won the vote of confidence, the members of the Supreme Court shall be given the authority to elect a candidate by themselves".*

They serve for a non-renewable 20-years period. One of the judges is appointed by the Minister of Justice, after hearing the suggestions of the Rector. Five of the other seats are fulfilled by the candidates elected by the Praetors of the Selucian provinces at the time, and the last seat is be elected by the General Council of the Judiciary at the time. Any member of the Supreme Court will be removed by a majority of 2/3 of the votes in the Senate, and shall receive the approval of the Iudex Maximus. If the one to be removed is the Iudex Maximus, the affirmative vote of at least 2 Iudex is required. Also, if no member is appointed by the legal forms in a period of 5 years after the vacancy of the previous judge, the Ministry of Justice shall be responsible of the new appointment.

In modern times, the confirmation process has attracted considerable attention from the press and advocacy groups, which lobby senators to confirm or to reject a nominee depending on whether their track record aligns with the group's views. The Senate Judiciary Committee conducts hearings and votes on whether the nomination should go to the full Senate with a positive, negative or neutral report. The committee's practice of personally interviewing nominees is relatively recent. Once the committee reports out the nomination, the full Senate considers it. Rejections are relatively uncommon;

Nevertheless, not every nominee has received a floor vote in the Senate. Although Senate rules do not necessarily allow a negative vote in committee to block a nomination, a nominee may be filibustered once debate has begun in the full Senate. A president may also withdraw a nomination before the actual confirmation vote occurs, typically because it is clear that the Senate will reject the nominee.

Once the Senate confirms a nomination, the president must prepare and sign a commission, to which the Seal of the Department of Justice must be affixed, before the new justice can take office. The seniority of an associate justice is based on the commissioning date, not the confirmation or swearing-in date.

## Membership

### Current Justices

Names in cursive correspond to appointments made by the Minister of Justice or the Princeps Senatus, if the political body designed to appoint the judge in the required period did not appoint any.

### Retired Justices

They may be designated for temporary assignments to sit on lower regional courts. Such assignments are formally made by the **Iudex Maximus**, on request of the **Iudex** of the lower court and with the consent of the retired Justice.

At the moment there is no alive retired justices.

Justices sometimes strategically planned their decisions to leave the bench, with personal, institutional, and partisan factors playing a role. The fear of mental decline and death often motivated justices to step down. The desire to maximize the Court's strength and legitimacy through one retirement at a time, when the Court was in recess, and during non-presidential election years suggested a concern for institutional health. Finally, especially in recent decades, many justices had timed their departure to coincide with a philosophically compatible president holding office, to ensure that a like-minded successor would be appointed.