National Constitution
Second Part: Authorities of the Nation


The Judicial Power

Chapter I

Its nature and duration

Section 108.- The Judicial Power of the Nation shall be vested in a Supreme Court and in such lower courts as Congress may constitute in the territory of the Nation.

Section 109.- In no case the President of the Nation shall exercise judicial functions, assume jurisdiction over pending cases, or reopen those already adjudged.

Section 110.- The Justices of the Supreme Court and the judges of the lower courts of the Nation shall hold their offices during good behavior, and shall receive for their services a remuneration to be ascertained by law and which shall not be diminished in any way while holding office.

Section 111.- To be a member of the Supreme Court it is necessary to be a lawyer of the Nation, with eight years of practice, and with the same qualifications required to be a senator.

Section 112.- On occasion of the first installation of the Supreme Court, the persons designated shall take an oath before the President of the Nation, to perform their duties, to administer justice in a proper and faithful manner, and in accordance with the provisions of the Constitution. In the future, they shall take the oath before the Chief Justice of the Court.

Section 113.- The Supreme Court shall issue its own internal regulations, and appoint its subordinate employees.

Section 114.- The Council of the Magistracy, ruled by a special law enacted by the absolute majority of all the members of each House, shall be in charge of the selection of the judges and of the administration of the Judicial Power.

The Council shall be periodically constituted so as to achieve the balance among the representation of the political bodies arising from popular election, of the judges of all instances, and of the lawyers with federal registration. It shall likewise be composed of such other scholars and scientists as indicated by law in number and form.

It is empowered:

1.- To select the candidates to the lower courts by public competition.

2.- To issue proposals in binding lists of three candidates for the appointment of the judges of the lower courts.

3.- To be in charge of the resources and to administer the budget assigned by law to the administration of justice.

4.-To apply disciplinary measures to judges.

5.- To decide the opening of the proceedings for the removal of judges, when appropriate to order their suspension, and to make the pertinent accusation.

6.- To issue the rules about the judicial organization and all those necessary to ensure the independence of judges and the efficient administration of justice.

Section 115.- The judges of the lower courts of the Nation shall be removed on the grounds stated in Section 53, by a special jury composed of legislators, judges, and lawyers with federal registration.

The decision, which cannot be appealed, shall have no other effect than the removal of the accused. But the condemned party shall nevertheless be subject to accusation, trial, and punishment according to law before the ordinary courts.

If no decision was taken after the term of one hundred and eighty days since the opening of the proceedings for removal, said proceedings are to be filed and, in that event, the suspended judge shall be reinstated.

The composition and procedure of this jury shall be stated in the special law mentioned in Section 114.

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