Constitutioneel Hof Constitutional Court |
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Courthouse, where the first two cases took place
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Established | 2010 |
Country | Sint Maarten |
Composition method | Governmental appointment, after consultation/nomination |
Authorized by | Constitution of Sint Maarten |
Judge term length | 10 years (renewable once) |
No. of positions | 3 |
Currently | Jacob Wit |
Since | 17 November 2010 |
The Constitutional Court of Sint Maarten (Dutch: Constitutioneel hof van Sint Maarten) is a court of Sint Maarten. As a constitutional court it evaluates the constitutionality of the provisions of legislation which is approved by the Estates of Sint Maarten and signed into law, but which has not entered into force. Procedures by the court may be initiated only by the ombudsman of Sint Maarten. As of July 2016, the court has decided two cases. Sint Maarten is the only country in the Kingdom of the Netherlands with a constitutional court.
The National ordinance Constitutional Court (Dutch: Landsverordening Constitutioneel Hof) forms the legal basis for the constitutional court. It was approved by the Island Council of Sint Maarten before Sint Maarten obtained the status of country within the Kingdom as part of the dissolution of the Netherlands Antilles and entered into force when Sint Maarten obtained that status on 10 October 2010.
The court consists of 3 judges (and 3 deputy judges) which are appointed for a 10-year term, which may be renewed once. Membership of the court also ends in the month after reaching the age of 70. The Council of State of the Kingdom of the Netherlands, the Common Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Saint Eustatius and Saba each nominate one of their judges as a member and deputy member of the court. The third member and deputy member is appointed after hearing the Constitutional Court.
Members of the court are:
As of July 2016, 2 cases have been brought before the court by Ombudsman Rachnilda (Nilda) J.A. Arduin, who has been ombudsman of the country since its inception.