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Bill: Bill: RP: Constitutional Amendment - Baltusian Declaration of Rights and Constitutional Court

Details

Submitted by[?]: Baltusian International Democratic Party

Status[?]: passed

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: February 4255

Description[?]:

This bill, the Deceleration of Rights, requires a 2/3rds passage. The enforcement of these rights shall be through the Constitutional Court (Article IX).


Article I- All viable Baltusians shall be guaranteed the right to life.

Article II- All Baltusians shall be protected from torture, slavery and inhuman treatment.

Article III- All Baltusians shall be entitled to liberty and security.

Article IV- All Baltusians shall be granted a fair trial and freedom from arbitrary arrest or imprisonment.

Article V- All Baltusians shall be given privacy in their private and family life.

Article VI- All Baltusians shall have their freedom of thought, conscience, expression, speech and religion protected.

Article VII- All Baltusians shall have their freedom of association and assembly protected.

Article VIII- All Baltusians shall have their rights protected equally and fairly.

Article IX- A Baltusian Constitutional Court shall be established, with the power to issue a 'statement of unconstitutionality' when legislation contradicts the rights outlined within the Declaration of Rights. In these circumstances, Congress should consider repealing or amending the specific legislation however they are not obliged to. The Baltusian Constitutional Court also rules on other constitutional issues other than the Deceleration of Rights such as Governors, State Legislature Head of State, Head of Government, Governments, Oppositions and conflict of interests. In this scenario, each case will be rendered 'constitutional' or 'unconstitutional'.

Article X- Every party in Congress shall be entitled to appoint a judge to the Baltusian Constitutional Court, with the Justice Minister appointing one further judge after an election. In cases where there is a tie on the Court, the case shall be reheard. If, upon the rehearing of a case, the verdict is tied, it shall be ruled to be the status quo.

Article XI- The two opposing sides in a Constitutional Court case shall be defendant ( name of bill or other issue) vs. State. Anyone can represent the defence, however, in the circumstance where the defence is a Congressional bill, it would preferably be the party that authored it. In the circumstance of the defence being something other than a bill, the party involved would represent the defence, however they can request legal representation from another party. The State shall be represented by the party of the Ministry of Justice, however, they can request another party represents the state, this should ideally be from a coalition partner or political ally. The arbitrator should see over court proceedings and ensure continuity of the case. The arbitrator must be from a party OTHER THAN the Ministry of Justice or Defence.

Article XI - For a case to be brought to the Baltusian Constitutional Court, anyone who finds an unconstitutionality with a bill or otherwise, must immediately inform Congress through a 'Constitutional Court File' bill. Upon the filing, the court is assembled and a court case post created by the nationmaster.

Article XI - An additional 'Right' to the Declaration of Rights can be proposed through a national referendum. Similarly, a 'Right' cand be repealed through a national referendum. For a referendum to be called, it requires 2/3rds support of Congress.

Article XIII - As a constitutional amendment, this bill requires a two-thirds majority to be passed but may be overturned by a simple majority. However, specific legislation repealing this bill is required in order to remove its provisions from effect; simply passing legislation which contravenes this bill does not represent a repeal of it.

Proposals

Debate

These messages have been posted to debate on this bill:

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Voting

Vote Seats
yes
       

Total Seats: 507

no

    Total Seats: 0

    abstain
     

    Total Seats: 93


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