WHEREAS, the principles of justice, fairness, and the rule of law are foundational to Liberland's administration of justice;
WHEREAS, the sanctity of private property in one's being, health, and possessions is a cornerstone of Liberland's values, realizable only through a judiciary adhering to modern jurisprudential best practices;
WHEREAS, the judiciary, in its duty, must exemplify fairness, impartiality, transparency, and competence, offering remedies under both Liberland's Constitution and valid public international law;
WHEREAS, the very essence of Liberland's libertarian core and mission is entrusted to the judiciary, recognized as the foremost state power in the Constitution;
WHEREAS, the Non-Aggression Principle, enshrined in the Constitution's inaugural book, mandates a consensual arbitrator to deter coercion and violence in conflict resolution, acting as civilization's chief safeguard;
WHEREAS, Liberland's mission, advocating for freedom-centric, decentralized cooperation, hinges on its judiciary's efficacy;
NOW, THEREFORE, BE IT ENACTED by the Citizens and the Government of Liberland:
The purpose of this law is to provide for the establishment, organization, and functioning of the judicial system in Liberland, ensuring that justice is accessible, effective, and impartial for all who seek it.
All courts and judicial bodies in Liberland shall treat parties equally and without discrimination based on status, background, nationality, race, religion, sexual orientation, gender, or any other personal circumstances.
Every individual in Liberland has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The principle of the right to a fair trial shall be upheld in all judicial processes, whether civil, criminal, or otherwise.
- All laws, regulations, and judicial procedural rules shall be publicly available and accessible so that potential parties may familiarize themselves with the legal framework governing the judicial process.
- Court proceedings, decisions, and records shall be open to the public, except when confidentiality is necessary to protect the interests of justice or the rights and freedoms of the parties involved.
Every party involved in a judicial process shall have the right to be represented by legal counsel of their choice or to self-represent, and courts shall provide reasonable accommodations to ensure that all parties can effectively participate in the proceedings.
The judiciary in Liberland shall be independent of the executive and legislative branches of government and shall be impartial in the exercise of its functions. Judges shall be free from any external influence, inducement, pressure, threat, or interference, whether direct or indirect, in the performance of their duties.
- All courts shall ensure that their officials, employees, and decision-makers receive appropriate training and maintain a high level of knowledge and skill throughout their tenure.
- Judges, mediators, arbitrators, and other judicial decision-makers shall be well-versed professionals in the Law of Liberland and any other law or rules relevant to the jurisdiction of their respective courts.
Courts shall have the power to grant appropriate and effective remedies, including but not limited to, monetary compensation, injunctive relief, and declaratory relief, to ensure that the rights and interests of parties are adequately protected and enforced.
- State courts shall communicate in Liberlandish, a dialect continuum of English, and parties are responsible for compliance. The Judge may direct otherwise, but only if all parties jointly agree to use a language other than Liberlandish.
- When a party requests the service of a translator and/or interpreter, the Judge shall arrange that at the expense of the requesting party.
When the protection of a weaker party, such as a party with a sensory impairment, requires interpretation or transcription to make the process understandable for that party, and the use of legal counsel is insufficient, or the party can prove that they have insufficient means to obtain such legal counsel, the Judge shall waive the requirement for the party to cover the expenses for translation or interpretation services. Additionally, the Judge shall make any necessary accommodations to allow the party to present their case reasonably.
Civil Process, a procedure concerning matters in private law between parties, shall be the standard form of the process before any Court.
Criminal Process shall be between Liberland and a private party where the subject matter is alleged non-compliance with the legal system, and Liberland stands as the public accuser.
Special procedural rules apply to the Criminal Process to protect the accused and ensure even higher standards of justice than the standard procedural rules, set forth in this or in other laws. In the absence of special rules, the rules for Civil Process shall apply.
Only State courts shall possess the jurisdiction to decide on a Criminal Process. Any contractual stipulations to the contrary shall be null and void.
- Private courts, arbitration, mediation, and other alternative dispute resolution mechanisms may be established and operated within the territory of Liberland, subject to the general principles and minimum requirements set forth in this law.
- Private courts shall have the power to resolve disputes between parties in accordance with the agreed-upon rules and procedures, provided that they do not violate the fundamental principles of justice and fairness enshrined in this law and the Constitution of Liberland.
A Disciplinary Process shall be where a Private Court adjudicates a case between itself or the community that organizes it, or any of its representatives, and a private party where the subject matter is alleged non-compliance with that community's rules, laws, or traditions of the Private Court. The special procedural rules apply to the Disciplinary Process as if it were a Criminal Process.
- The Judge is the official through which a court acts in matters of the judicial process.
- A Judge or Judges preside over any judicial process and make the final decision resolving any dispute, question, or other matter presented before the court. The Judge shall also be the final arbiter deciding on the correct procedure in every situation before the court.
- Where multiple Judges are presiding over a process, they shall decide the case together and always be of an even number.
- No Judge shall have higher deciding power than any other Judge.
- Each court shall establish rules according to which Judges are assigned to cases and shall respect those rules in all matters.
- No party shall be deprived of a Judge assigned to them, except where the party gives their express permission.
- The Judge shall act impartially and in the interest of justice, upholding legitimately obtained private property and being mindful of the personal situations of the parties and their power differences.
- The Judge shall base each statement in any verdict on evidence and well-reasoned logic only, and according to law and principles of justice. After a case has commenced, there shall be no ex parte communication between the Judge and the parties, or between the court and other persons relevant to the case, such as witnesses, unless explicitly permitted by consent of all parties.
- A Judge who has a personal connection to one or more of the parties or the object of the case shall be deemed partial where that connection is Judged sufficient to influence their decision-making.
- If a party suspects partiality, they may appeal to the court, which shall appoint three Judges to decide on the impartiality of the fellow Judge. A Judge in doubt of being partial may also initiate this process themselves.
- A partial Judge shall be replaced according to the rules of the court. Partiality in itself shall not be counted against the Judge without it having led to unjust decisions or breaches of due process, or without it having been found in extenuating circumstances (i.e., the Judge must have known that they were partial and not reported it).
- A court or higher court, where applicable, shall re-examine a judicial decision made and a judicial process presided by a partial Judge, regardless of the procedural stage at which impartiality has been established.
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A Judge may issue various interim pre-trial orders or measures to ensure that the circumstances of the case remain sufficiently stable for adjudication. Parties shall comply with these orders, or the Judge may impose penalties up to the case's value, with the maximum penalty being the total forfeiture of all points on the case for the non-compliant party.
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A Judge may use the following order:
a) Restraining/Compelling Order: Short-term orders issued to prevent a party from engaging in certain actions that could harm the other party or the case itself.
c) Discovery Orders: Orders compelling parties to produce evidence relevant to the case, such as documents, records, or depositions.
d) Protective Orders: Orders issued to safeguard sensitive information from public disclosure or to prevent harassment of witnesses.
e) Scheduling Orders: Orders establishing deadlines for various stages of the litigation process, including discovery, motions, and trial.
f) Asset Freezes: Orders, where appropriate, directing that a party's assets be frozen to prevent their sale or transfer pending resolution of the case.
g) Custody or Visitation Orders: In family law cases, temporary orders may be issued regarding child custody or visitation to ensure stability for the children involved.
h) Bail or Bond Orders: In criminal cases, orders may be issued setting bail or bond conditions to ensure the defendant's appearance at trial.
j) Sequestration of Witnesses: Orders, where appropriate, directing that witnesses be kept separate from each other to prevent them from influencing each other's testimony.
Certainly! Here's a draft of a law regarding the issuance and execution of warrants:
A Judge may issue a warrant upon a showing of probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
There shall be the following types of Warrants: a) Search Warrants: A search warrant authorizes Law Enforcement Officers to search a specific location for specific items and to seize those items if found.
b) Arrest Warrants: An arrest warrant authorizes Law Enforcement Officers to arrest a specific individual based on probable cause that the individual has committed a crime.
c) Bench Warrants A bench warrant is issued by a Judge when a defendant fails to appear in court as required, authorizing Law Enforcement Officers to arrest the defendant and bring them to court.
- Law Enforcement Officers shall execute warrants in accordance with the terms of the warrant and applicable laws and regulations.
- Law Enforcement Officers executing a warrant shall identify themselves, present the warrant to the person subject to the warrant or the occupant of the place to be searched, and provide a receipt for any property seized.
- In exigent circumstances, where there is a risk of imminent harm to persons, destruction of evidence, or flight of a suspect, Law Enforcement Officers may take necessary actions without a warrant, provided that they subsequently obtain a warrant or present the circumstances to a Judge for review.
- Agencies charged with police duties shall maintain records of all warrants issued and executed relevant to their activities, including the basis for the warrant, the items seized, and the outcome of any related proceedings.
- These records shall be subject to periodic review by an independent oversight body to ensure compliance with the law and the protection of individuals' rights.
- In rendering judicial decisions, the Judge shall assess each piece of evidence individually, taking into account the manner in which it was obtained and the assertions it is intended to support. The Judge shall rely exclusively on objective and established facts.
- There shall be no formal rules governing the interpretation or exclusion of evidence in the law: No legal provision shall be placed higher than the truth. Consequently, the Judge shall always have the authority to earnestly evaluate the facts of the case and address them according to their best judgment. However, the Judge shall be required to articulate the rationale for their decisions.
- The Judge may not refuse to make a Judicial Decision once assigned a Case.
- A judicial decision may be delivered orally or in writing. Regardless of the form of delivery, a written copy of the decision, signed and certified by the Judge, shall be made available at the Judge's discretion or upon request by a party. In case of a difference between the oral and written version the written version shall take precedence.
- In cases where translation services are utilized, written translations into other languages shall be provided concurrently. The decision becomes binding upon the court once it is signed by the Judge.
- Case-related communications shall be dispatched either electronically or physically to the electronic or, in situations where electronic methods are impractical, to the physical addresses that the individual or entity has registered with Liberland.
- Parties shall direct deliveries intended for the Court to the Court's official electronic address or, where necessary, its physical address.
- A delivery is considered finalized upon the verified transmission of the electronic communication or upon consigning the package to a suitable delivery institution and securing a receipt of registration. This presumption can be challenged by showcasing evidence that the actual delivery encountered delays due to unforeseen circumstances beyond the recipient's purview, which they couldn't avert despite exercising due diligence.
Deliveries intended for foreign individuals or entities shall be facilitated through postal services or comparable mechanisms. Alternatively, when practical, the collaboration of foreign administrative agencies can be sought.
In scenarios marked by recurrent delivery impediments, the Court may opt for a public announcement on its official website. Such a delivery is recognized as finalized 10 days post the online announcement.
- An adult natural person shall possess full competency to represent themselves in legal matters.
- Minors and individuals with mental impairments shall be deemed competent to the extent of their factual abilities to comprehend and reason. Their competency shall be presumed based on the general level of competency associated with their age or mental condition, unless evidence suggests otherwise.
- Entities shall be represented by natural persons designated in their foundational documents as responsible for their representation. In cases of ambiguity, the natural person occupying the highest position in the entity's management hierarchy shall act as its representative.
- A Party, be it an individual or an entity, reserves the right to appoint a chosen representative to act in their stead before the Court. Such an appointment must be formalized in writing, bestowing upon the representative at least full procedural powers, or a power of attorney. Representatives may include, but are not restricted to, roles such as an attorney, general counsel, or in specific circumstances involving minors or those with mental impairments, a guardian.
- The Court shall extend equal respect and consideration to all appointed representatives, irrespective of their designated role or title.
- Parties in mutual agreement may elect to be represented by a singular representative, typically an attorney.
- In situations where a party has multiple representatives, the acceptance of limited procedural powers is permitted, under the condition that, in aggregate, the representatives hold complete procedural powers. Any representative endowed with procedural powers shall be regarded by the Court as possessing full procedural powers on the level of a power of attorney.
- Non-controversial cases shall be subject to a simplified and expedited judicial process, designed to resolve matters efficiently and without undue delay.
- The court shall establish and maintain separate procedural rules for non-controversial cases, which may include, but are not limited to, streamlined pleadings, limited discovery, and shortened timelines for the submission of documents and the scheduling of hearings.
- The court shall ensure that the special rules for non-controversial cases are accessible and comprehensible to all parties, including self-represented litigants, to facilitate their effective participation in the judicial process.
The court may, at its discretion or upon request by a party, reclassify a case initially designated as non-controversial if it becomes apparent that the matter involves significant controversy, complexity, or the need for a more comprehensive judicial process.
In non-controversial cases, the court shall not require Mandatory Mediation or alternative dispute resolution methods as a prerequisite to proceeding with the judicial process.
A civil proceeding shall commence upon the submission of an Application by the applicant to the appropriate court.
- The Application shall detail the pertinent facts, the legal basis for the claim, and the relief sought by the applicant.
- The Application shall identify all respondents, defined as individuals or entities whose conduct the applicant seeks to alter through court intervention.
- Upon receipt of an Application, the court shall issue a Summons, or notice, to the respondent or respondents, directing them to respond to the claim within a designated timeframe or on a specified date. This shall be conducted electronically wherever feasible, though extraordinary circumstances may necessitate the personal presence of a party.
- The Summons or notice shall be served upon the respondent in a manner ensuring that the respondent receives adequate notice of the proceedings and an opportunity to present a defence.
- A respondent shall respond to the Application by submitting a counter-Application that shall be known as the Response.
- The rules governing the contents and submission of the initial Application shall also apply to the Response.
- Following the submission of the Application and the Response, parties to a civil proceeding may file pleadings and motions to introduce additional facts, respond to inquiries from the Judge, or request specific actions from the Judge, such as preliminary relief.
- Parties shall ensure that their pleadings and motions are clear and concise, and that they accurately represent the parties' respective positions and arguments on the disputed issues.
- The applicant may terminate the judicial process by withdrawing their Application. In non-controversial cases, they can do so at any time.
- In controversial cases, withdrawal is only permissible until the first respondent has been notified. After that point, the applicant and the respondents must jointly consent to the withdrawal for the case to be terminated.
- Any court costs incurred before the case is prematurely terminated shall remain the responsibility of the relevant parties.
- The applicant may modify the Application at any time, which may result in changes to the case. If this leads to increased court costs, the applicant shall be responsible for paying these costs before the case can be amended.
- If the modification causes damages to a respondent, and those damages arise solely or predominantly from the applicant's negligence or frivolous modifications, the applicant shall be liable for compensating the respondent(s) for the damages and any additional court costs.
- The case shall be amended upon the applicant's payment of the full court costs and damages to respondents, where applicable. Until full payment is made, the court shall proceed as if no modification was requested. Any court costs incurred during this time must also be paid before the change can take effect.
If the applicant fails to pay the full amount of court costs and damages to respondents, where required, within five days after the modification is submitted, the modification shall be disregarded, and the case shall remain unchanged.
If the modification would cause significant damages or issues to the respondent(s), or if the modification is made solely or predominantly to harm the respondents directly, or if the court deems it to be entirely frivolous, the court may summarily dismiss the modification, and the case shall remain unchanged.
In controversial civil cases, parties shall be required to participate in mandatory mediation before proceeding to a trial, with the aim of resolving disputes amicably and efficiently.
The court shall appoint a qualified and impartial mediator to facilitate the mediation process, who shall assist the parties in exploring mutually acceptable resolutions to their dispute.
- The mediator shall conduct the mediation in a neutral and confidential manner, ensuring that the parties have the opportunity to fully present their positions, interests, and concerns.
- The mediator shall not have the authority to impose a settlement or make binding decisions on behalf of the parties. Instead, the mediator shall work with the parties to help them reach a voluntary agreement.
The parties shall participate in the mediation process in good faith, actively engaging in discussions, exchanging relevant information, and considering the proposals and suggestions put forth by the mediator and the other party.
If the parties reach an agreement through mediation, they shall submit the agreement to the court for approval. Once approved by the court, the agreement shall have the same legal effect as a judgment in a contested trial.
- Prior to the commencement of a trial, the court may convene a pre-trial conference to discuss and resolve procedural matters, narrow the issues in dispute, and explore the possibility of settlement.
- The court may encourage parties to reach a mutually acceptable resolution of their dispute through negotiation, mediation, or other alternative dispute resolution methods.
- Before the trial commences, the court shall ensure that all parties have had a reasonable opportunity to prepare their case, including the submission of pleadings, the gathering and exchange of evidence, and the completion of any mandatory mediation or alternative dispute resolution processes.
- The court shall schedule a trial date, taking into consideration the complexity of the case, the availability of the parties and their legal representatives, and any relevant statutory deadlines or time limits.
The court shall notify the parties of the trial date and any relevant pre-hearing deadlines, ensuring that all parties are aware of their obligations and the expected timetable for the proceedings.
- The trial shall be conducted in a fair, impartial, and orderly manner, with due respect for the rights and interests of all parties.
- The presiding Judge shall open the hearing by briefly outlining the nature of the case, the issues to be resolved, and the procedural rules that will govern the proceedings.
- The applicant shall present their case first, providing an opening statement that summarizes their arguments, the evidence they intend to rely on, and the relief they are seeking.
- The applicant may then call witnesses, present documents and other evidence, and make legal submissions in support of their case.
- After the applicant has concluded their case, the respondent shall have the opportunity to present their defense.
- This may include an opening statement, the calling of witnesses, the presentation of documents and other evidence, and legal submissions that respond to the applicant's arguments and evidence.
- Claims made by the parties during the hearing must be supported by evidence, which should be disclosed to the Judge and the opposing party either prior to or during the hearing. The Judge shall have discretion in varying the procedure for presenting evidence, ensuring all parties have equal opportunity to present any material or relevant proof.
- Parties may submit evidence as they deem appropriate and may be required to produce additional evidence as determined by the Judge for a comprehensive understanding and resolution of the dispute. This may be a reason for extending the hearing but shall not be applied more than once in a case.
The Judge may dismiss claims presented without supporting evidence, without providing further reasons.
The Judge may accept as evidence undisputed facts, matters of law, or facts agreed upon by both parties without reservation.
When witnesses are examined, all parties shall have the opportunity to question them before the Judge.
Exhibits offered by any party shall be accepted as evidence and appropriately marked.
Evidence that is excessively difficult or impractical to examine and verify during the hearing must be disclosed in advance, or the Judge may dismiss or assign less weight to such evidence due to the inability to fully examine it.
The names and addresses of all witnesses, as well as descriptions of exhibits in the order received, shall be made a part of the case record.
- Following the presentation of the respondent's case, the applicant may be given an opportunity to present a rebuttal, addressing any new issues or evidence raised by the respondent.
- The respondent may then be allowed to present a rejoinder, responding to the applicant's rebuttal and providing any additional arguments or evidence that directly relate to the matters raised in the rebuttal.
- The Judge may extend the hearing, by exception, for serious reasons that must be clearly communicated to the parties. An extension may be granted no more than twice per case and only when necessary for the just and efficient resolution of the dispute.
- Upon deciding to extend the hearing, the Judge shall promptly issue new summons for the date of the extended hearing.
- After both parties have presented their cases, rebuttals, and rejoinders, they shall be given the opportunity to make closing arguments. The applicant shall present their closing argument first, summarizing the key points of their case and highlighting any particularly persuasive evidence or legal submissions.
- The respondent shall then present their closing argument, summarizing their defense and addressing any issues or arguments raised by the applicant's closing argument.
- Once the hearing has concluded, the presiding Judge or panel of Judges shall deliberate on the evidence and arguments presented by the parties.
- The court shall consider the facts, the applicable law, and the principles of justice and fairness in reaching a decision.
- The decision shall be announced in a timely manner and shall be accompanied by a written explanation of the court's reasoning, including the findings of fact, the legal basis for the decision, and any relevant procedural or evidentiary rulings.
- After the decision has been announced, the court shall issue any necessary orders or judgments to give effect to the decision, including orders for the payment of damages, the performance or cessation of specific actions, or the enforcement of any other remedies provided by law.
- The parties shall be informed of their right to appeal the decision, the procedures for filing an appeal, and any relevant deadlines or time limits for doing so.
- The court shall also address any outstanding procedural or administrative matters, such as the allocation of costs or the submission of any additional documents or information required for the implementation of the court's decision.
- Upon the conclusion of the judicial process, including any appeals or reviews, the parties shall be required to comply with the final judgment or order issued by the court.
- The court may issue enforcement orders or take other measures to ensure compliance with its judgments or orders, as provided by law.
- A party that is dissatisfied with the court's decision may file an appeal by the court where the decision has been made, subject to the grounds for appeal and the procedures established by law.
- The notice of appeal must be filed within the prescribed time limit and must set forth the specific issues or errors that the appellant believes warrant a review by the higher court.
The court shall examine the appeal. If any of the following errors are identified: a) a mathematical miscalculation; b) a mistake in the description of any person; c) the remedy is based upon an issue not submitted to the court, and the award may be corrected without affecting the merits of the decision upon the issues submitted; d) the remedy is imperfect in a matter of form not affecting the merits of the controversy; and the differential is in value less than 1 BTC or the equivalent in rem, the court shall correct the original decision and send it to all parties. The other parties will then have five (5) workdays to submit an appeal if they disagree with the remedial decision.
If the appeal is clearly frivolous or without merit, the court shall set it aside and inform the party of this decision.
- If the appeal concerns other matters and has not been set aside, the court shall prepare a statement and send it, along with the appeal, to the appropriate Court of Appeal, considering the party, case type, or originating court.
- In cases where a party-specific Court of Appeal exists, that court shall take precedence, followed by a Court of Appeal according to the case type, and lastly, according to the court that issued the original verdict.
- Upon receipt of the notice of appeal, the appellate court shall review the case record, including the lower court's decision, the evidence and arguments presented during the hearing, and any relevant procedural or evidentiary rulings.
- The appellate court may request additional briefs or oral arguments from the parties to address specific issues or clarify particular points of law.
- The scope of the appellate court's review will be limited by the grounds for appeal raised by the appellant. In addition, it is not permissible for a party to claim facts or present evidence during the appellate review that were clearly available and present during the time of the original process, but through the fault of the party, were not presented before the court.
- After reviewing the case, the appellate court shall issue a decision affirming, reversing, or modifying the lower court's decision, or remanding the case for further proceedings.
- The appellate court's decision shall be accompanied by a written explanation of its reasoning, including its analysis of the legal issues, its evaluation of the lower court's factual findings, and any relevant procedural or evidentiary rulings.
- The appellate decision shall be binding on the lower court and the parties, subject to any further appeals or reviews allowed by law.
- The Supreme Court may select cases to review based on requests from the parties involved or on its own initiative.
- The Supreme Court has the authority to review any case resulting from the regular judicial process, but it generally prioritizes cases concerning the validity of treaties or laws. The Supreme Court may also review ongoing cases that are in the appellate process.
As a general rule, the Supreme Court will not review cases where the decision is more than ten years old, except in exceptional circumstances, such as when there is a strong indication that the case was resolved in a grossly unjust manner, with significant consequences for the parties involved, the justice system in Liberland, or individual liberty.
- When the Supreme Court decides to review a case, the appellate court shall compile a detailed documentation of the case and promptly submit it to the Supreme Court. The court will also notify the applicant and other parties, instructing them to prepare an addendum to their Application or response within 30 days.
- Upon being informed that the Supreme Court has decided to review the case, the applicant may notify the court that they do not wish to continue the process. In this event, the final decision will be confirmed and the process will end, although the Supreme Court may still choose to reopen the case on its own accord. If the applicant remains silent for more than 8 working days or explicitly confirms their agreement to proceed with the case, the case will be reopened and heard by the Supreme Court.
- After the applicant has either remained silent or confirmed their consent to proceed before the Supreme Court, they may not withdraw or modify their Application.
- The process before the Supreme Court follows the same general structure as the regular judicial process. However, the justices of the Supreme Court may choose to disregard or modify any phase of the process as they deem necessary. If they decide to make any changes, they shall inform the parties at the commencement of the proceedings.
- The Supreme Court has the discretion to admit or dismiss any new facts and evidence, even if they were known during the previous stages of the process. In its decision, the Supreme Court has complete autonomy and may disregard any aspect of the previous process as it sees fit.
- Private Courts exist primarily to ensure the protection and respect of property rights as defined in Book 1 of this Constitution, under all circumstances, even when the property owner is unable to provide such protection themselves.
- Private Courts may establish additional purposes for their existence and operation, such as the administration of justice, promotion of fair treatment, or protection of the weak against the strong, provided that these purposes are always considered ancillary to safeguarding property rights.
Individuals are under the jurisdiction of State courts unless they enter into a contract with a Private Court.
- In delict cases, the State may enforce the jurisdiction of State courts and disregard any contract between the party and a Private Court if it is likely that the Private Court would not resolve the case justly.
- Private courts shall not have jurisdiction over delicts where the guilty party would pay more than 5 BTC in damages or as punishment, or over any criminal proceedings. If this becomes evident later during the process, the Private Court shall transfer the case to a State Court without delay for a new process. The proceedings before the Private Court may be used as evidence but shall not bind the State Court.
Book 1 of this Constitution, as well as any rights and freedoms stipulated by the Constitution, shall be binding upon Private Courts as if the Private Court were the Government.
- The State reserves the right to impose minimal standards on Private Courts concerning equality, fairness, and access to legal recourse in their legal processes, as well as other matters deemed necessary to protect equality before the law and individual liberty in Liberland.
- Private Courts must ensure that the substantive law or other rules, such as tradition, jurisprudence, and international arbitration rules, according to which they dispense justice, are presented and made public in advance.
Private Courts shall recognize the decisions of Liberland State Courts and other Private Courts, even if they originate from different communities with conflicting rules or traditions.
All Private Courts shall recognize the Supreme Court as the ultimate appellate authority in Liberland. The jurisprudence of the Supreme Court shall be binding upon Private Courts, and they shall not make decisions contrary to it.
- Any decision made by a Private Court in violation of the provisions of this Law shall be considered invalid.
- The State shall disestablish any Private Court repeatedly found in breach of the provisions of this Constitutional Amendment and any law expanding upon it if the court is found unwilling or unable to rectify the situation. The parties to cases adjudicated within the last 3 years by a disestablished court may use the process of appeal before their State court within the 20 days of being informed about the decision of disestablishment.
This law gains legal force on ... and shall remain valid until it is repealed.