Commonwealth Court Regulations

[Malliki Tosha]

COMMONWEALTH COURT REGULATIONS

I. GENERAL

1. The name of this Court is the ”Commonwealth Court”, hereafter referred to as ”the Court”.

2. The Court is composed of one Chief Jurist and two Associate Jurists.

2 a. The position of Chief Jurist rotates every three months between the Jurists in alphabetical order.

3. The Chief Jurist is tasked with organizing the day-to-day work of the Court, as well as representing the Court in an official capacity.

4. All proceedings and rulings of the Court are in English, and shall be translated into Dutch when necessary.

II. PROCEDURE

1. Each person or entity wishing to bring a suit before the Court shall do so by posting in the Commonwealth Court forum.

2. When bringing a suit before the Court, the basis for the Court's jurisdiction shall be stated, as well as a description of the case and the relief sought.

3. A Jurist of the Court shall then open a thread in the Proceedings forum titled ”Claimant v. Respondent”.

a. Such a thread shall be denied if it is obvious that the Court does not have jurisdiction.

b. Such a refusal may be appealed to the full Court.

c. The Chief Jurist shall appoint a Jurist as Head of Proceedings in each case.

4. The Court hears three classes of cases,

a. Section 3 cases, pertaining to international dispute between signatory nations.

b. Section 4 cases, where the Court interprets the treaties and conventions of the Small Commonwealth, subject to the treaties and conventions themselves.

c. Section 7 cases, from nations that have delegated additional internal judicial powers on the Court.

5. The Court will not hear cases under 4 c. unless the originating nation has informed the Court about the delegation of powers on the Court.

6. The Court cannot initiate cases on its own accord.

7. The following may petition the Court:

a. The Small Commonwealth Assembly.

b. The Primate.

c. Any signatory nation or agency thereof.

d. Any citizen of a signatory nation.

e. Any company or organisation registered or active in a signatory nation.

III. PROCEEDINGS

1. All Court proceedings are conducted in public. The public shall refrain from speaking unless called upon by the Presiding Jurist, one of the parties or if filing an Amicus Curiae brief.

2. Proceedings shall begin with the Claimant presenting his case as thoroughly as possible, as well as the relief sought.

3. When the Claimant rests, the Respondent shall be given 72 hours to prepare. After 72 hours, he shall without delay reply to the presentation of the Claimant.

4. After the Respondent rests, the Claimant may reply, upon when the Respondent may reply in turn, and so forth.

5. When both parties rest, or are forced to rest by the Presiding Jurist, due to the derailment of proceedings, the parties may enter closing arguments, starting with the Claimant.

6. When both parties have made closing arguments, or abstained from doing so, a thread shall be opened in the ”Deliberations” forum by the Presiding Jurist.

7. Both parties may freely present evidence and produce witnesses, subject to a relevance decision by the Presiding Jurist.

IV. ADVISORY OPINIONS

1. The Court may, upon application, issue an Advisory Opinion regarding any matter of national or intermicronational law.

2. An Advisory Opinion is a non binding opinion of the Court, and does not establish law or precedence.

3. The Court shall refrain from issuing an Advisory Opinion when doing so would be negative for the Court, the Small Commonwealth or the institutions thereof.

(IV added, Dec 18th, 2009, provisional until approved)