Supreme Court of New Batavia: Difference between revisions

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{{New Batavia article}}
{{New Batavia article}}
[[File:Coa Supreme Court of New Batavia.png|thumb|right|Coat of arms of the Supreme Court]]
{{Prime Minister
|title    = Chief Justice
|nation    = New Batavia
|arms      = File:Coa Supreme Court of New Batavia.png
|caption  = Coat of arms of the Supreme Court
|photo    = File:Abdullah van Nedersticht.jpg
|name      = [[Abdullah van Nedersticht]]
|date      = 2020-12-09
|style    = ''Meneer de voorzitter''
|residence = [[Lucerne (city)|Lucerne]]
|appointer = [[President of New Batavia]]
|term      = for life
|first    = [[Erwin V.H.]]
|formed    = 2007-01-24
}}
The '''Supreme Court of [[New Batavia]]''' ''(Hooggerechtshof)'' was established by the Union of Utrecht in 2007. The Supreme Court was retained by the constitutions of the Second, Third and Fourth Republic.  
The '''Supreme Court of [[New Batavia]]''' ''(Hooggerechtshof)'' was established by the Union of Utrecht in 2007. The Supreme Court was retained by the constitutions of the Second, Third and Fourth Republic.  


== Justices ==
== Justices ==
[[File:Abdullah van Nedersticht.jpg|thumb|left|Abdullah van Nedersticht, Chief Justice since 2020]]
{{History of New Batavia}}
On October 3, 2007 [[Erwin V.H.]] was appointed Chief Justice. He remained Chief Justice until the government went into exile in 2011.
This is a list of Chief Justices of New Batavia and its predecessor states.


On December 9, 2020 [[Abdullah van Nedersticht]] was appointed Chief Justice.
{| border="1" cellpadding="4" cellspacing="0" class="wikitable" style="border-collapse: collapse; text-align:center" width="70%"
|-
! #
! Picture
! Name
! Period
|-
| 1
| [[File:Blank man placeholder.svg|80px]]
| [[Erwin V.H.]]
| 2007-10-03 - 2011-07-04
|-
| 2
| [[File:Abdullah van Nedersticht.jpg|80px|Abdullah van Nedersticht]]
| [[Abdullah van Nedersticht]]
| 2020-12-09 - present
|}


== Cases heard ==
== Cases heard ==
=== Second Republic Era ===
=== Second Republic Era ===
# 2008-11-30: Xander vs. the Cabinet, on the legality of the referendum
{| class="wikitable"
# 2009-01-26: The President vetoed a law, the law was thus referred to the Supreme Court; on the constutionality of the Intelligence Bill
! Date !! Case name !! On
# 2009-03-26: Frans vs. Calvin Klein, on the violation of the separation of powers by Calvin Klein
|-
# 2009-11-23: Frans vs. the National Assembly, on the language of a friendship treaty and its translation into Dutch
| 2008-11-30 || Xander v. the Cabinet || On the legality of the referendum
# 2009-11-17: Frans vs. the National Assembly, on the law on the Economy of the Small Commonwealth. This law and the law on human rights were both dismissed
|-
| 2009-01-26 || The President v. the National Assembly || On the constitutionality of the Intelligence Bill
|-
| 2009-03-26 || Frans v. the President || On the violation of the separation of powers by the President
|-
| 2009-11-23 || Frans v. the National Assembly || On the language of a friendship treaty and its translation into Dutch
|-
| 2009-11-17 || Frans v. the National Assembly || On the law on the Economy of the Small Commonwealth. This law and the law on human rights were both dismissed
|}


=== Fourth Republic Era ===
{| class="wikitable"
! Date !! Case name !! Holding
|-
| 2020-12-13 || [[Supreme Court of New Batavia/2020-12-13|The President v. the Majlis-ash-Shoera]] ||A treaty is part of New Batavian law, hence it must be in Dutch language as per article 6 of the [[Constitution of New Batavia/Constitution of the Fourth Republic|Constitution]]. The proposed [[treaty between Hurmu and New Batavia]] is unconstitutional.
|-
| 2021-04-28 || [[Supreme Court of New Batavia/2021-04-28|The President v. the Majlis-ash-Shoera]] ||A dissolved Majlis-ash-Shoera cannot be reconvened by the Cabinet. Only the President has emergency powers. The proposed "[[Laws of New Batavia/Wet opvolging ambtsdragers 2021|Act succession office holders]]" is in part unconstitutional.
|-
| 2021-12-23 || [[Supreme Court of New Batavia/2021-12-23|The President v. the Majlis-ash-Shoera]] ||Joining the [[Treaties of New Batavia/Convention on the Establishment of a Commonwealth Court|Convention on the Establishment of a Commonwealth Court]] does not violate the constitution, but the judicial power of the Republic, as well as the Supreme Court, will at all times continue to have primacy over this Commonwealth Court when it comes to rulings that have national effect .
|}


{{New Batavia nav}}
{{New Batavia nav}}
[[Category:New Batavia]]
[[Category:New Batavia]]
[[Category:Judiciaries]]
[[Category:Judiciaries]]

Latest revision as of 09:22, 25 December 2021

Chief Justice of New Batavia
Coat of arms of the Supreme Court
Incumbent
Abdullah van Nedersticht
since 2020-12-09
Style Meneer de voorzitter
Residence Lucerne
Appointer President of New Batavia
Term for life
Inaugural holder Erwin V.H.
Formation 2007-01-24

The Supreme Court of New Batavia (Hooggerechtshof) was established by the Union of Utrecht in 2007. The Supreme Court was retained by the constitutions of the Second, Third and Fourth Republic.

Justices

History of New Batavia

First Republic (2007-2008)
Second Republic (2008-2010)
Third Republic (2010-2011)
Government-in-Exile (2011-2020)
Third Republic Restoration (2020-2020)
Fourth Republic (2020-present)


Portal New Batavia

This is a list of Chief Justices of New Batavia and its predecessor states.

# Picture Name Period
1 Erwin V.H. 2007-10-03 - 2011-07-04
2 Abdullah van Nedersticht Abdullah van Nedersticht 2020-12-09 - present

Cases heard

Second Republic Era

Date Case name On
2008-11-30 Xander v. the Cabinet On the legality of the referendum
2009-01-26 The President v. the National Assembly On the constitutionality of the Intelligence Bill
2009-03-26 Frans v. the President On the violation of the separation of powers by the President
2009-11-23 Frans v. the National Assembly On the language of a friendship treaty and its translation into Dutch
2009-11-17 Frans v. the National Assembly On the law on the Economy of the Small Commonwealth. This law and the law on human rights were both dismissed

Fourth Republic Era

Date Case name Holding
2020-12-13 The President v. the Majlis-ash-Shoera A treaty is part of New Batavian law, hence it must be in Dutch language as per article 6 of the Constitution. The proposed treaty between Hurmu and New Batavia is unconstitutional.
2021-04-28 The President v. the Majlis-ash-Shoera A dissolved Majlis-ash-Shoera cannot be reconvened by the Cabinet. Only the President has emergency powers. The proposed "Act succession office holders" is in part unconstitutional.
2021-12-23 The President v. the Majlis-ash-Shoera Joining the Convention on the Establishment of a Commonwealth Court does not violate the constitution, but the judicial power of the Republic, as well as the Supreme Court, will at all times continue to have primacy over this Commonwealth Court when it comes to rulings that have national effect .