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Bill: Law on the Kirlawan Supreme Court (RP Bill)
Details
Submitted by[?]: Earrach Geal
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 4705
Description[?]:
| With this Law of the Supreme Court, the Ministry of Justice hereby officially announces: Should this bill pass the Supreme Court's composition and powers will be created along the following lines: I. The Supreme Court of Valruzia (Cúirt Uachtarach) is established as the supreme and ultimate appellate court in the Republic of Kirlawa. II. The Supreme Court shall consist of the Príomh-Bhreitheamh (Chief Justice) of Kirlawa and six Breitheamh Sinsearach/Breithiúna Sinsearacha (Senior Judge/s). III. The Cúirt Uachtarach is appointed by the Ministry of Justice. IV. Each Governor as selected by the largest party within each Province shall appoint one Sinsearacha. V. The Leader of the Opposition as determined by the largest party not in government shall appoint one Sinsearacha. Should the office of Leader of the Opposition be vacant, the President of the Parliament as determined by the largest party with seats in the Parliament shall have the power to appoint one Sinsearacha. VI. All Supreme Court justices serve a single non-renewable twenty year term. Should any justice retire or become incapacitated while in office the empty seat shall be filled according to the criteria of Articles III, IV, and V of this Law. VII. Recognizing that all sovereignty in Kirlawa belongs to the People which it exercises through its representatives in the Parliament, the Supreme Court shall not have the power to overturn any primary legislation passed by the Parliament, but it may issue a declaration of incompatibility as outlined in Article IX. VIII. The Supreme Court shall have the power to overturn secondary legislation, that is executive orders, acts of provincial or municipal assemblies, and acts of regional executives, if such acts are deemed ultra vires to the powers constitutionally granted to these bodies, or if such acts violate the primary legislation of the Republic. IX. The Supreme Court shall have the power to determine whether primary or secondary legislation contradicts constitutional principles of the Republic or violates the obligations undertaken by the Republic by treaty. The Supreme Court may overturn secondary legislation it deems incompatible with the Constitution or international treaties. If the Supreme Court finds that primary legislation is incompatible with the Constitution or international treaties it may issue a declaration of incompatibility. When the Supreme Court issues a declaration of incompatibility regarding primary legislation, the Parliament will be required to either amend it in light of the Court's declaration or reaffirm it and reject the Court's reasoning. X. Any deputy has the power to appeal to the Supreme Court if they believe an item of secondary legislation is ultra vires or if they believe primary or secondary legislation is incompatible with the Constitution or international treaties. XI. The Supreme Court shall have the power to judge any President (Uachtarán) or former President of the nation, as well as any Prime Minister (Taoiseach) or former Prime Minister, and any regional or former regional Governor. XII. Any member of the Supreme Court shall be removed by a majority of 2/3 of the votes in the Parliament, and shall receive the approval of the Príomh-Bhreitheamh. If the one to be removed is the Príomh-Bhreitheamh, the affirmative vote of at least 2 Senior Judges is required. XIV. If no member is appointed by the legal forms in a period of 5 years after the vacancy of the previous judge, the Ministry of Justice shall be responsible of the new appointment. XV. One member of the Court will serve as link between the Kirlawan National Intelligence Agency, as stated in its own legislation. This member shall be chosen among them by a qualified majority. XVI. As this Law introduces a change in the constitutional structure of the Republic it requires a constitutional majority in the Parliament. OOC: This is a constitutional RP Law, as governed by Section 6.e. of the Game Rules (http://forum.particracy.net/viewtopic.php?f=5&t=8088). This bill modifies the structure of the Supreme Court, an RP body in Kirlawa with the power of judicial review. In order to RP a session of the Supreme Court any party with seats will be allowed to open a thread in the debate section of the nation initiating a session of the Court dedicated to a specific case, and the players in Kirlawa are required to determine the composition of the Court according to the criteria in this law. The Supreme Court only has "weak" judicial review, being allowed to strike down executive acts and acts of local governments but not laws passed by the legislative, which it can instead deem "incompatible" with other laws and with international treaties without being able to overturn them. In this it is similar to the Supreme Court of the UK or the Supreme Court of the Netherlands. As this introduces changes to the constitution it requires a 2/3 majority to pass Bonnie O'Leary Minister of Justice |
Proposals
Debate
These messages have been posted to debate on this bill:
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| Vote | Seats | |
| yes |
Total Seats: 749 | |
| no | Total Seats: 0 | |
| abstain | Total Seats: 0 |
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