5.4. Judiciary Apparatus
Ideas
- The Justice of the Software Democracy is independent from legislative and executive powers.
- It is free and accessible to all.
- It relies heavily on Artificial Intelligence.
- The Court of the Just is the ultimate arbiter of constitutional matters.
Main Courts
The judiciary system is complex and heavily dependent on a country's historical heritage. Its organization will therefore vary greatly depending on the case.
In broad terms, however, the following Courts will always be present:
Public law:
- The Court of the Just: it ensures that laws and regulations comply with the Constitution, and can draft an opinion in this regard on bills submitted for vote. It designates a spokesperson among its members, who represents it in public.
- The Human Rights Court, which can be seized by any citizen if they believe they have suffered damage that infringes upon their fundamental freedoms, as described in the Constitution.
- The various criminal courts, which sanction behavior that does not conform to society's expectations. They can also be entrusted with the responsibility of administrative law, or it can be a separate branch.
- Administrative courts, if they are not integrated into criminal law.
Private law:
- Civil Courts, which arbitrate conflicts between individuals or legal entities.
- Economic Courts, which arbitrate commercial conflicts.
Who delivers justice?
Appointment of judges
Justice, like the police or the army, is a professional body. It is therefore legal professionals who operate the judiciary system, selected through competitive examinations.
There are, however, two special cases:
- The eight judges of the Court of the Just are drawn by lot from candidates who have demonstrated expertise in constitutional law, and who have submitted an application file validated by the Council of Elders. Experience in a representative or executive mandate is a plus! Judges are appointed for an 8-year term and are renewed at the rate of one per year.
- In the handling of certain cases, it may be relevant to call upon a citizen jury. In this case, the jury will be drawn by lot from all citizens and will have the necessary resources to work in complete confidentiality.
The role of Artificial Intelligence
Most Courts in the judiciary system allow for the escalation of procedures:
- The initial judgment.
- The appeal.
- The appeal to the Court of Cassation.
To speed up the processing of cases, making justice more accessible and effective, the first level of judgment will be accelerated by AI as much as possible. Submission of files, defense elements, all this can be prepared and analyzed by AI which, having instant and unlimited access to all texts and jurisprudence, will propose a first judgment. Although this judgment will initially be reviewed by a professional judge, the system can certainly be allowed to operate autonomously quite quickly.
At the second level, the case will be taken up by professional lawyers, who will be able to verify the work done by the AI, process additional elements, and confirm or overturn the initial judgment.
Finally, at the third level, judges will have the possibility to convene a citizen jury to decide on the most delicate cases, when the situation calls for it.
Conclusion
The judiciary apparatus ensures compliance with Laws and the Constitution. Faithful to the spirit of the Software Democracy, Justice relies on technology to be more efficient and serve society, while allowing citizens to be involved when difficult cases arise.
Finally, like other institutions, Justice is subject to the supervision of the Citizen Surveillance Council.