Candeia’s Justice system is provided for in the Constitutional Proposal and has not yet been established. This page explains the architecture and safeguards without presenting courts, judges or proceedings as already existing.
A constitutional decision on an internal right, election or institutional competence may guide future cases only to the extent necessary to what was decided; incidental observations do not become a general rule.
What actually binds
A final decision of the Constitutional Court binds branches, courts, institutions, operators and persons subject to the Candeian order according to its scope. General effect arises from authentic judicial publication; it does not depend on a new political vote.
Not everything in a judgment becomes a general rule
An incidental observation, hypothetical example or opinion unnecessary to the outcome does not acquire generally binding force merely because it appears in the decision. This prevents observations from becoming informal legislation.
Modulation of effects
To avoid a legal vacuum or serious risk to legal certainty, the Court may modulate effects or postpone loss of effect for a defined period. The constitutional clauses prohibiting torture, the death penalty, slavery, enforced disappearance and deprivation of liberty operate as limits on rights; they do not mean that Candeia has the capacity to impose physical coercion. Modulation of effects cannot be used to weaken those safeguards.
What about ordinary case law?
The Supreme Court harmonises interpretation of the law, but the constitutional proposal leaves the detailed rules on precedents, repetitive appeals, case-law statements or equivalent mechanisms to future procedural legislation. The portal does not invent those institutions before they exist.
Basis: Art. 233.
