The Ninth Amendment, or 2011 Judicial Reform, was an amendment of Article 9, Section 7 of the Constitution proposed by former Supreme Court Judge Arthur Jefferson with the purpose of increasing the independence of the judiciary. The law provided a mechanism for Congress to overrule the Secretary of Justice's appointment of a judge. It also became necessary for Congress to approve the Secretary's choice.
To a certain extent the Amendment was superseded by the 2012 Judicial Reform.
Text of the AmendmentEdit
Article 9, Section 7
- The Supreme Court Judge is appointed by the Federal Secretary of Justice. This appointment must be confirmed by Congress, by a normal majority.
- The term of the Supreme Court Judge does not necessarily coincide with the Congressional term, nor with the duration of a federal government. The Supreme Court Judge must maintain his or her duty until another is appointed and confirmed; only then is his or her service terminated.
- If the Supreme Court Judge resigns from his or her duty, the Department of Justice is bound to appoint a successor, with Congressional confirmation, within one month's time. It is the Supreme Court Judge's duty to continue his service until another Judge is confirmed, and until all ongoing cases are terminated, or prepared to be passed on to his successor, without causing disturbances.
- Congress has the unique power to discharge a Supreme Court Judge forthwith, by a special majority. The Department of Justice is then bound to appoint a successor, with Congressional confirmation, within one month's time.
See also Edit
|Law in Lovia|
Constitution - Amendment - 1st - 2nd - 3rd - 4th - 5th (Voting Reform) - 6th (2010 State Reform) - 7th - 8th - 9th - 10th (2011 State Reform) - 11th