Page 232 - 《客語及少數族群語言政策》附錄_少數語言法律
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Constitution





             of full salary.
             (2)  The appointment, the oath of office and the legal status of judges shall be regulated by law.
             (3)  A law may provide that a Judicial Selection Committee shall participate in the appointment and employment of
             judges.

                                                        Article 80
                                                   [Judge's indictment]

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             (1)  If a judge in office or out of office violates the constitutional order of the Federation or of the Free State, the
             Federal Constitutional Court may, at the request of the Landtag, order that the judge be transferred to another
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             office or retired.  In the case of a willful violation, dismissal may be recognized.
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             (2)  The motion to impeach must be made by at least one-third of the members of the Landtag.  The decision to
             impeach shall require a two-thirds majority, but more than half of the members of the Landtag, if at least two-thirds
             of the members are present.

                                                        Article 81
                                 [Jurisdiction and composition of the Constitutional Court].

             (1)  The Constitutional Court decides
              1.  on the interpretation of this Constitution on the occasion of disputes concerning the scope of the rights and
                 duties of a supreme state body or other participants vested with their own competence by the Constitution or
                 in the Rules of Procedure of the Landtag or the State Government, at the request of the supreme state body
                 or other participants,
              2.  in case of doubt or disagreement as to the compatibility of state law with this Constitution, at the request of
                 one-fourth of the members of the Landtag or at the request of the state government,
              3.  on the compatibility of a Land law with this Constitution after a court has suspended proceedings pursuant to
                 Article 100(1) of the Basic Law,
              4.  on constitutional complaints, which may be lodged by any person who feels that public authority has violated
                 any of his or her fundamental rights enshrined in this Constitution (Articles 4, 14 to 38, 41, 78, 91, 102, 105
                 and 107),
              5.  in the other matters assigned to it in this Constitution,
              6.  in matters assigned to it by law.
             (2)  The Constitutional Court consists of five professional judges and four other members.
             (3)  The members of the Constitutional Court shall be elected by the Landtag by two-thirds of its members for a
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             term of nine years.  One of the professional judges shall preside.  The members may not belong to the
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             Bundestag, the Bundesrat, the Federal Government or corresponding organs of a State.
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             (4)  The details are determined by a law.  It may also provide that elections to the Constitutional Court shall be
                1
             held at three-year intervals and that the term of office of the members to be appointed at the first election to the
             Constitutional Court and of the members to be re-elected in the event of the premature retirement of a judge shall
             be regulated in derogation from paragraph 3.

                                                       7.  Section
                                                      Management

                                                        Article 82
                                                 [Administration carrier]
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             (1)  The administration is exercised by the state government, the authorities subordinate to it and by the
                                       2
             institutions of self-government.  It is committed to the common good and serves people.
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             (2)  The local authorities, counties and other associations of local authorities are responsible for self-government.
             2 They are guaranteed the right to manage their affairs under their own responsibility within the framework of the
             law.
             (3) Other public-law corporations, institutions and foundations are self-governing bodies in accordance with the
             law.

                                                        Article 83


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