wellspring/08-courts/08-03-judicial-review.md

# Wellspring: Judicial review:

"_It is emphatically the province and duty of the judicial department to say what the law is._"

## Process:

## Justices:

As in a court of record, Justices of the court conduct the process of the court. 

## Jury:

The jury shall be a composite of three classes of individual as outlined below. The number of the jurors of each class (except the Philosoper jurors) shall be legislatively defined. There shall be no limit on the number of philosopher jurors who may sit on the jury of any judicial review case. Philosopher jurors shall be permitted to join the jury in any judicial review case they express an interest in joining.

`WS` recommends a starting composition of 6 ordinary jurors and 6 originalist jurors.

### Ordinary Jurors:

Ordinary jurors are selected from among the resident populace to represent the sense of natural law which beats in the breast of the common man in line with the traditional intentions of the common law.

#### Eligibility criteria:

The standard legislatively defined eligibility criteria for common law jurors shall apply with the following stipulations:

* The jurors shall not be past or present employees of any government, whether a `WS` government or otherwise.
* The jurors shall meet the criteria required to vote in the constitutional amendment process.

The legislature shall have the power to grant such protections and monetary compensation to an ordinary juror as are required within reason to enable that juror to attend trial.

#### Voir Dire:

The standard legislatively defined voir dire process shall apply to ordinary jurors.

### Originalist Jurors:

Originalist jurors are selected from among the ranks of individuals who either currently hold office as a `WS` magistrate or have held such office in the past; and who have a strong record of originalist opinions and rulings. These jurors are intended to represent the spirit of originalism.

Magistrates who do not currently hold office must not have left office in disgrace or due to abuse of office. 

#### Criteria:

#### Voir Dire:

In cases where a government is a litigant (including foreign governments), the attorney general's office or the equivalent thereof shall discharge the execution of voir dire for that government's side of the advocacy.

The prosecution shall have the right to strike a candidate on grounds of non-originalist opinions and rulings. 

### Philosopher Jurors:

The philosopher jurors are intended to represent mastery of Enlightenment philosophy, _as defined in the Philosopher Jurors section of this constitution_.

#### Criteria:

Any individual holding a current title of philosopher juror shall be permitted to join the body of philosopher jurors sitting in on a judicial review case. 

#### Voir Dire:

No voir dire process shall be imposed on a philosopher juror.