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Bill: Verfassungsgericht

Details

Submitted by[?]: Konservative Partei Malivia

Status[?]: defeated

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: December 3000

Description[?]:

§1: As son as this law was passed by the parliament there will be a Verfassungsgericht (Supreme court of Malivia).This law have to be passed with a simple majority. Changes to the Verfassungsgericht are only possible with a 2/3-majority.

1.)Function of the Supreme Court

§1: The Supreme Court have to safuguarde the constitution of Malivia together with the head of state. The Supreme Court also is the highest court in the country and the verdicts that are spoken form the court are not appealable.
§2:The Constitutional Court may also explain inconsistencies in the existing legislation invalid and force the government to change this discrepancy.
§3:The court can be called from any citizen of the country. However, the applicant must go through all the instances of the court system.
§4:The judgments are legally binding and must be respected. Otherwise, it is up to the Constitutional Court to impose penalties.

2.)The appointment of judges

§1:The seven judges of the Constitutional Court are appointed by the President after a vote in Parliament. The judge must be at least two thirds of all votes received.The President proposes a judge. In order to safeguard the rights of the opposition, the opposition may propose a candidate before the vote in Parliament.
After the election the judge will be appointed by the president.
§2:The parliamentary election of the judges in runs in three rounds. In the first two rounds will be a two-thirds majority required. In the third ballot, a simple majority is sufficient.
§3:The judges must have no criminal record and are obliged to make an oath to the Constitution.
§4:Judges are appointed for life.

3.) The desicions of the court

§1: The Court's decision will be taken within the body by an absolute majority. The decision of each judge is a secret.

4.) Other

§1: The judges enjoy absolute immunity. Only with a two thirds majority can be decided, a dismissal of a judge because of a serious crime by the Parliament. According to this official elevation of judges enjoy no immunity more.











Proposals

Debate

These messages have been posted to debate on this bill:

Date17:41:24, September 15, 2010 CET
FromChildren of the Wrath
ToDebating the Verfassungsgericht
MessageIf this law don't passes with 2/3rds, it is not constitutional, and can therefor be changed with simple majority.

We would agree in principal, but this law is not detailed enough.
§§2 and 4 are not clear enough. They speak of penalties and "force", but the exact modes are not explained.

Date17:43:13, September 15, 2010 CET
FromKonservative Partei Malivia
ToDebating the Verfassungsgericht
MessageWe will change that.

subscribe to this discussion - unsubscribe

Voting

Vote Seats
yes

    Total Seats: 0

    no
     

    Total Seats: 291

    abstain
      

    Total Seats: 310


    Random fact: In your Message Centre there is a really useful feature which allows you to subscribe to all of the bill debates in your nation. If you use that, then the "Watched Discussions" section will show you every time a new message has been posted on a bill. You can also subscribe to other pages you want to follow, such as your nation message-board, party organisations or bills outside your nation which you are interested in.

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