1.21.050 Exclusive Jurisdiction

(a) The Court of Appeals shall have exclusive jurisdiction to review all decisions of the Tribal Court as provided herein. The decision of the Court of Appeals shall be final as to all such review.

(b) The jurisdiction of the Court of Appeals shall include the authority to determine the constitutionality of acts of the Tribal Council.

(2-24-89-24; 4-22-88-148.)

Prior Codifications

§1.21.050 was formerly codified as 121.5

Commentary

Subsection (a) safeguards the authority of the Court of Appeals to perform its review function without interference from other governmental agencies either before or after it has acted.

Subsection (b) establishes the authority of the Court of Appeals to review the constitutionality of Tribal Council acts of whatever nature. Because tribal constitutions do not typically provide for a separation of powers between the judiciary and the other functions of the government, some question may be raised as to the implicit authority of the courts to review the acts of tribal government. Whatever the correct answer is to that question, this subsection delegates whatever authority is necessary to perform such review.