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Bill: RP-Law: Constitutional amendment: Highest Court of Justice Act

Details

Submitted by[?]: Faschistische Union

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: November 4331

Description[?]:

1. The Highest Court of Justice is the highest court of Solentia. Its first and foremost task is to protect and safeguard the proper execution of the constitution of this country. Furthermore it has to ensure that decision made by lower courts are in compliance with the constitution.
1.1 The Supreme Court can also revoke a state of emergency and decides ultimately on the banning of political parties, movements or other politcal associations.

2. Only parties represented in the legitslature can call on the court to deliver a judgement on a specific law passed by the legislature or executive orders issued by the executive. Individuals only when concerned directly with the case.
2.1 The court has to accept the appeal formally before opening the session of the court. The first judge (president of the court) has to accept the appeal.
2.2 The first judge is responsible for calling the court in session. This has to happen latest one year after the acceptance of the appeal.
2.3 If an appeal is accepted the first judge must decide whether or not to suspend a law/executive order as long as no official judgement has been delivered by the court. If a law is suspended the old law/executive order before the change remains in effect. In case there is no old law/exectuive order, the passed law/executive order is annulled for the time until an official judgement is delivered.

3. The court shall consist out of seven judges which are completly independent in their judgement:
3.1 Four judges are chosen from each of the regions. The party with a relative majority (according to votes) in each region must name/determine the judge representing this region.
3.2 The first judge (president of the court) must always come from the region of Pine. There shall be no judge from the region of Nord. This does not change in case of name changes of the regions.
3.3 The first judge does have two votes. All other judges only have one vote.
3.4.The head of government and the justice minister shall name each one additional judge. Also the biggest opposition party shall also receive the right to nominate a judge.
3.5 The nominated judges must be of Solentian citizenship.
3.6 Should elections take place while a session of the court is in place, the composition will not change.

4.0 Every judge has the right to ask questions and speak during the sessions of the court. The first judge decides alone when to close the session. All other decisions are made with relative majority of the judges in session.
4.1 The court can repeal a law or can find that it is in accordance with the constitution. Or it can accept the law under certain conditions of change.
4.2 The ruling of the court are binding for all institutions of the state.
4.3 An appeal is not possible against the decisions of this court.

5.0 This is a constitutional amendment and can only be passed/changed/abolished with a 2/3-majority.

Proposals

Debate

These messages have been posted to debate on this bill:

Date19:33:50, January 10, 2018 CET
From AnNAP
ToDebating the RP-Law: Constitutional amendment: Highest Court of Justice Act
MessageWe vote in favor

subscribe to this discussion - unsubscribe

Voting

Vote Seats
yes
  

Total Seats: 465

no
   

Total Seats: 111

abstain
     

Total Seats: 74


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