Article X: Judicial System and Rule of Law
Drawing from the British system of common law and the German emphasis on specialized courts, this article lays the foundation for a robust, fair, and independent judicial system.
Section 1: Independence of Judiciary
1.1 The judiciary shall be independent and shall operate separately from the executive and legislative branches.
1.2 Judges shall be appointed based on merit and shall serve terms that allow for judicial independence.
Section 2: Fair Trial and Due Process
2.1 Every individual is entitled to a fair trial and due process under the law.
2.2 Arbitrary detention and cruel or degrading treatment are prohibited.
Section 3: Specialized Courts
3.1 Specialized courts, such as family courts, administrative courts, and environmental courts, may be established to handle specific types of cases.
3.2 These specialized courts shall operate under the same principles of fairness and independence as other courts.
Section 4: Legal Aid
4.1 The government shall provide legal aid to individuals who cannot afford legal representation.
4.2 Measures shall be taken to ensure that such aid is both effective and impartial.
Section 5: Constitutional Court
5.1 A Constitutional Court shall be established to handle matters related to the interpretation of the Constitution.
5.2 The Constitutional Court shall have the power to review legislation and executive actions for constitutionality.