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Bill: RP:Constitutional Admendment: Constitutional Tribunal Act
Details
Submitted by[?]: Volks Sozialistische Partei Dundorfs
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: April 4427
Description[?]:
| Article 1 The Constitutional Tribunal shall adjudicate regarding the following matters: a] the conformity of statutes and international agreements to the Constitution; b] the conformity of a statute to ratified international agreements whose ratification required prior consent granted by statute; c] the conformity of legal provisions issued by central State organs to the Constitution, ratified international agreements and statutes; d] the conformity to the Constitution of the purposes or activities of political parties; e] complaints concerning constitutional infringements Article 2 The Constitutional Tribunal shall settle disputes over authority between central constitutional organs of the State. Article 3 1.Judgements of the Constitutional Tribunal shall be of universally binding application and shall be final. 2.Judgements of the Constitutional Tribunal regarding matters specified in Article 1 shall be required to be immediately published in the official publication in which the original normative act was promulgated. If a normative act has not been promulgated, then the judgement shall be published in the Nues Dundorf 3.A judgement of the Constitutional Tribunal shall take effect from the day of its publication, however, the Constitutional Tribunal may specify another date for the end of the binding force of a normative act. Such time period may not exceed 18 months in relation to a statute or 12 months in relation to any other normative act. Where a judgment has financial consequences not provided for in the Budget, the Constitutional Tribunal shall specify date for the end of the binding force of the normative act concerned, after seeking the opinion of the Vorsitzender des Ministerrates. 4 A judgement of the Constitutional Tribunal on the non-conformity to the Constitution, an international agreement or statute, of a normative act on the basis of which a legally effective judgment of a court, a final administrative decision or settlement of other matters was issued, shall be a basis for reopening proceedings, or for quashing the decision or other settlement in a manner and on principles specified in provisions applicable to the given proceedings. 5 Judgments of the Constitutional Tribunal shall be made by a absolute majority of votes. Article 4 The following may make application to the Constitutional Tribunal regarding matters specified in Article 1 and article 2 1) Vorsitzender des Staatrates,Vorsitzender des Ministerrates,Vorsitzender des Volkskammer, group of 10 deputies to Volkskammer. 2) the constitutive organs of units of local government; 3) the national organs of trade unions as well as the national authorities of employers' organizations and occupational organizations; 4) churches and religious organizations; 5) all citizens Article 5 Any court may refer a question of law to the Constitutional Tribunal as to the conformity of a normative act to the Constitution, ratified international agreements or statute, if the answer to such question of law will determine an issue currently before such court. Article 6 1.The Constitutional Tribunal shall be composed of 5 judges chosen individually by the Volkskammer for a term of office of 1- years from amongst persons distinguished by their knowledge of the law. No person may be chosen for more than one term of office. 2.The President and Vice-President of the Constitutional Tribunal shall be appointed by the Vorsitzender des Ministerrates from amongst candidates proposed by the Vorsitzender des Volkskammer. Article 7 1] Judges of the Constitutional Tribunal, in the exercise of their office, shall be independent and subject only to the Constitution. 2]Judges of the Constitutional Tribunal shall be provided with appropriate conditions for work and granted remuneration consistent with the dignity of the office and the scope of their duties. 3] Judges of the Constitutional Tribunal, during their term of office, shall not belong to a political party, a trade union or perform public activities incompatible with the principles of the independence of the courts and judges. Article 8 A judge of the Constitutional Tribunal shall not be held criminally responsible or deprived of liberty without prior consent granted by the Constitutional Tribunal. A judge shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. The President of the Constitutional Tribunal shall be notified forthwith of any such detention and may order an immediate release of the person detained. Article 9 This Act is constitutional admendment. This bill requires 2/3 vote for pass,amend and repeal. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 13:23:09, July 15, 2018 CET | From | Nationale Konservative Partei | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | At Article 6, in a decent position the head of state should be allowed to create a constitutional Tribunal just like the cabinet. |
| Date | 13:54:41, July 15, 2018 CET | From | Volks Sozialistische Partei Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | The fact that the Volkskammer chooses judges guarantees greater representation of the Tribunal, and guarantees that the opposition will also have an impact on the tribunal's rulings. |
| Date | 16:19:00, July 15, 2018 CET | From | Nationale Arbeiterpartei-Volksfront | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | OOC: we already have a “Supreme Court”-esque institution. It should’ve been included in the RP laws. My bad. |
| Date | 08:03:12, July 16, 2018 CET | From | Vereinigte Bürgerschaft Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | Opposed. |
| Date | 10:04:23, July 16, 2018 CET | From | Volks Sozialistische Partei Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | I am counting on compromise on this issue. |
| Date | 11:22:34, July 16, 2018 CET | From | Vereinigte Bürgerschaft Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | We believe that the current constitution is quite sufficient. |
| Date | 10:30:56, July 17, 2018 CET | From | Volks Sozialistische Partei Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | Constitutional Court is needed for defending your rights and freedoms ! |
| Date | 13:40:40, July 17, 2018 CET | From | Volks Sozialistische Partei Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | we have any admendments ,dear Volkskammer deputies? |
| Date | 15:10:26, July 19, 2018 CET | From | Nationale Konservative Partei | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | Stop spamming bills. |
| Date | 09:34:00, July 20, 2018 CET | From | Volks Sozialistische Partei Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | this is not spamming bill ,this isconstitutional admendment creating constitutional tribunal! |
| Date | 11:54:27, July 21, 2018 CET | From | Volks Sozialistische Partei Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | NAP-VF why are you oppose this bill ? this is not spamming bill. |
| Date | 17:58:17, July 21, 2018 CET | From | Nationale Arbeiterpartei-Volksfront | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | Because it is unnecessary. We already have the People's Court. This would contradict that. OOC: If you wish to amend that bill, see the RP laws. |
| Date | 21:34:07, July 21, 2018 CET | From | Volks Sozialistische Partei Dundorfs | To | Debating the RP:Constitutional Admendment: Constitutional Tribunal Act |
| Message | People's Court have the same competences ? |
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Voting
| Vote | Seats | ||||
| yes | Total Seats: 186 | ||||
| no |
Total Seats: 448 | ||||
| abstain |
Total Seats: 116 |
| Random fact: In cases where players have failed to clearly and accurately reference their nation's RP laws in the "Bills under debate" section, Moderation will rule them invalid if a challenge is made to their validity. |
| Random quote: "Forgive your enemies, but never forget their names." - John F. Kennedy |