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

Details

Submitted by[?]: Hosian Democratic Alliance

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: September 4546

Description[?]:

The passing of this bill by majority shall signal the repeal of this Amendment http://classic.particracy.net/viewbill.php?billid=596202

This institution is clearly not working at it should, not least because of the unequal distribution of judges (Nord has 0 judges, Pine has 1 judge with 2 votes). We propose to repeal the law and have cross party talks to draw up a replacement, along the lines of the framework set out by the Humanist Party (See http://classic.particracy.net/viewbill.php?billid=596157 )

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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.
1.2 This act shall substitute the old version of this law: http://classic.particracy.net/viewbill.php?billid=553251

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:

Date09:50:27, March 16, 2019 CET
From Faschistische Union
ToDebating the Repeal of RP-Law: Constitutional amendment: Highest Court of Justice Act
MessageWe suggest every province getting one judge. So that this law will be adapted and not abolished.

OOC: The proposal of the progressive party does not work...it is not clear how the judges will be appointed nor who will control them for to purposes.

Date19:43:31, March 16, 2019 CET
From Hosian Democratic Alliance
ToDebating the Repeal of RP-Law: Constitutional amendment: Highest Court of Justice Act
MessageRepeal and replace

Date21:04:35, March 16, 2019 CET
From Faschistische Union
ToDebating the Repeal of RP-Law: Constitutional amendment: Highest Court of Justice Act
MessageThen why isn't it possible to do that in one combined bill?
We all know that if it is abolished it will never come back and that is not only sad but an unbelievable betrayle to the democratic rights of this country. Every civilized country has a Constitutional Court and soon we will not have one.

OOC:
I have to applaud all the other parties for completly destroing the rp laws without offering any alternative/replacment for it. All possible rp has been destroyed and consequently deprives us of a very considerable part of the game.
Soon Solentia will be the boring, generic country like every other country in Particracy and I doubt that this is the best fun we can have.
Besides, your actions also devalues my work and countless hours of rp and that is unfortunate.



Date11:08:48, March 17, 2019 CET
From Democratic Centralist Party
ToDebating the Repeal of RP-Law: Constitutional amendment: Highest Court of Justice Act
MessageAll this regarding the DCP taking away the constitutional court when the HDA are going to do the same is disgraceful. You really do need to step down as leader. The dishonour and distrust from your party is evident. You illegally employed full time women workers, you wanted to reprimand the DCP for taking away the constitutional court with other parties such as Humanist party, SDP and liberals, and your party are to do the exact same.

We will stand back and watch this government crumble.

DCP

Date13:49:09, March 17, 2019 CET
From Hosian Democratic Alliance
ToDebating the Repeal of RP-Law: Constitutional amendment: Highest Court of Justice Act
MessageAh, the BdL's poodle barks once more!
Instead of yapping at your master's feet why don't you do some research. We are the only party to actually try and use the Court and your master is currently blocking the process. The law, like all BdL 'extra' laws, was written to ensure that no other party could gain control. Oops, looks like that failed!
The charge that we illegally employed anyone is false, women were legally allowed to work throughout our time in government and we have extended those rights.

Weren't the DCP the party proven to be drunk while in office? Best have another snifter old bean, calm your nerves.

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Voting

Vote Seats
yes
   

Total Seats: 42

no
  

Total Seats: 25

abstain
  

Total Seats: 8


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