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Bill: Lex Medullinia - Rajania de Summo Iudicio Foederali Constitutionalique Iudicio [RP Law]
Details
Submitted by[?]: Factio Republicana Socialistica
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: July 4861
Description[?]:
| ๐ด๐๐
๐๐๐๐๐๐๐๐ - ๐น๐๐๐๐๐๐๐ ๐ณ๐๐ ๐๐ ๐๐๐ ๐ญ๐๐
๐๐๐๐ ๐บ๐๐๐๐๐๐ ๐ช๐๐๐๐ ๐๐๐
๐๐๐ ๐ช๐๐๐๐๐๐๐๐๐๐๐๐๐ ๐ช๐๐๐๐ Quirites, As recent events have shown, the current Supreme Court legislation has a number of deficiencies that render it inefficient and problematic. We believe that an independent judiciary is the hallmark of a healthy democracy, but we are also convinced that the review of primary and secondary legislation is ultimately a political, rather than judiciary matter. In order to resolve this matter and guarantee the political independence of the judiciary while also preserving the political nature of review, we propose the replacement of the current Supreme Court with two bodies. One, the Federal Supreme Court, shall strictly serve as a court of cassation and final appeal for the lower courts. The other, the Constitutional Court, will take over the Supreme Court's powers of judicial review while remaining distinct from the regular system of courts. With the passing of this bill the Gessian-Ravillan Law on the Supreme Court (http://classic.particracy.net/viewbill.php?billid=632422) is abolished and the following articles are implemented: ๐๐๐๐ญ๐ข๐จ๐ง ๐. ๐๐ก๐ ๐ ๐๐๐๐ซ๐๐ฅ ๐๐ฎ๐ฉ๐ซ๐๐ฆ๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐. The Federal Supreme Court (Summum Iudicium Foederale) is established as the supreme court of the Senate and People of Selucia. The Federal Supreme Court shall serve as the final arbiter over matters of civil law, administrative law, and human rights law. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐. The Federal Supreme Court shall be composed of 32 Federal Justices, who shall be proposed by the eight Praetors in Selucia (namely the Praetor Civilis, the Praetor Peregrinus, and the two Praetors of each constituent Commonwealth) and shall be elected by the Peopleโs Assembly. Each Praetor shall propose 3 Federal Justices. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐๐. Federal Justices serve for a term of five years, and can be elected an unlimited number of times. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐. Federal Justices are forbidden from engaging in any gainful occupation or occupying any elected or appointed public office for the duration of their mandate. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐. Federal Justices are required to promise and maintain political independence for the duration of their mandate. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐. The Federal Supreme Court has jurisdiction over violations of federal law, international law, commonwealth law, constitutional and human rights law, and the sovereignty of the commonwealths and the autonomy of the municipalities. The Federal Supreme Court does not have original jurisdiction and can only serve as a court of appeal for the decisions of lower courts. The Federal Supreme Court may only examine the application of the law but may not reexamine the facts established by the lower courts. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐๐. The Federal Supreme Court is explicitly forbidden from reviewing acts by the Peopleโs Assembly, and may not rule on the constitutionality of acts by the legislative and executive authorities of Selucia or the commonwealths. Should the Federal Supreme Court find that a legislative or executive act contradicts the Constitution, it will apply the interpretation of said act that most aligns with the Constitution, without being able to repeal the act. ๐๐๐๐ญ๐ข๐จ๐ง ๐. ๐๐ก๐ ๐๐จ๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐จ๐ฎ๐ซ๐ญ ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐. The supreme arbiter of the Selucian Constitution is the Senate, while the supreme interpreter and adjudicator of the Constitution is the Constitutional Court. The Constitutional Court is an ad hoc tribunal formed of members of the Federal Supreme Court. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐. The Constitutional Court is established as an ad hoc body ruling on the constitutionality of laws and official acts. The Constitutional Court shall be formed of one Chief Justice and at least two other Justices, all selected from among the members serving on the Federal Supreme Court. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐๐. The Constitutional Court shall be nominated by the Praetor Civilis after consulting with each political faction or political party with representation. The Chief Justice shall be appointed by the Praetor Civilis, and each political party may nominate one Justice. (OOC: Chief Justice appointed by the Minister of Justice, and one Justice for each political political party with seats). The Constitutional Court shall be convened ad hoc every time the constitutionality of a public act is called into question and will disband once the matter is addressed. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐. The Constitutional Court may rule on the constitutionality and compatibility with international law of laws, acts, regulations, and decrees of the federal and commonwealth legislatures and executives. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐. Should the Constitutional Court find that secondary legislation, that is executive orders, acts of municipal and commonwealth assemblies, and acts of federal or commonwealth executives, are deemed ๐ถ๐ญ๐ต๐ณ๐ข ๐ท๐ช๐ณ๐ฆ๐ด to the powers constitutionally granted to these bodies, or if such acts violate the primary legislation of Selucia, the Constitutional Court may overturn said secondary legislation. Should the Constitutional Court find that primary legislation, that is federal legislation passed by the Peopleโs Assembly, is incompatible with the Constitution or international treaties it may issue a declaration of incompatibility. When the Constitutional Court issues a declaration of incompatibility regarding primary legislation, the legislature will be required to either amend it in light of the Court's declaration or reaffirm it and reject the Court's reasoning. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐. Only elected public officials, namely the executive magistrates of Selucia, at least thirty Quirites, and the executive magistrates of a Commonwealth, may request that the Constitutional Court examine the constitutionality of an act. ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐๐. The decisions of the Constitutional Court are binding on all other courts and may not be appealed or overturned. Aemiliana Rajani Praetor Civilis Eshmunamash Medullinus Consul 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 establishes a Supreme Court and a body similar to a Constitutional Court. The Federal Supreme Court does not need to be RPd, the institution exists to provide flavor and establish the structure of the judiciary branch. The Constitutional Court will be an ad hoc constitutional tribunal, and will have the power 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 order to RP a session of the Constitutional Court any party with at least 30 seats and/or part of the cabinet and/or the provincial executives will be allowed to open a thread in the debate section of the nation initiating a session of the Constitutional Court dedicated to a specific case, and the players in Selucia are required to determine the composition of the Court according to the criteria in this law. As this introduces changes to the constitution it requires a 2/3 majority to pass. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 22:37:40, November 25, 2020 CET | From | Clara Aurora - COSIRA | To | Debating the Lex Medullinia - Rajania de Summo Iudicio Foederali Constitutionalique Iudicio [RP Law] |
| Message | Quirites, Hon. Medullinus, I am very afraid that this does not solve the underlying problem: that the interpreters of what our supreme legislation says, that is, the Constitution, continues to remain in the hands of politicians, and not of those who should be the interpreters of the laws, that is, the judges. Although the idea of the Federal Supreme Court seems well thought out, the same is not the case with the Constitutional Curia, which in the end is still a miniature Senate. Let us remember that democracy, and the freedom of a people, is not based simply on what the majority says at one time or another, but on justice as a general concept. Servilia Polus Praetor Civilis |
| Date | 12:49:54, November 26, 2020 CET | From | Factio Republicana Socialistica | To | Debating the Lex Medullinia - Rajania de Summo Iudicio Foederali Constitutionalique Iudicio [RP Law] |
| Message | Quirites, As the honored Praetor Civilis must be aware, Selucia is a civil law jurisdiction, not a common law one. As such, statutory interpretation does not form a source of law, and interpreting our Constitution when not strictly necessary is precisely something that judges should not do. Normally, under a civil law jurisdiction such as our own, judges are limited to interpreting the strict literal meaning of the statute, unless of course the literal meaning is ambiguous or is manifestly absurd. It would otherwise be undemocratic and unfair for courts to depart from the plain literal meaning of the statute; undemocratic because it is the literal text that was passed through democratic processes, and unfair because an ordinary citizen would expect the clear meaning of the text to be applied and not be aware that a court could depart from it. For this reason we are generally opposed to judicial review and we only reluctantly supported the establishment of the current Supreme Court. We believe that in a democracy judges should not make new laws, but only defend and apply the existing laws. Hence our proposed establishment of the Federal Supreme Court, which would be constitutionally prohibited from engaging in judicial review. We do understand however that our coalition partners are concerned that an unrestrained legislative or executive could theoretically introduce statutes that violate the Constitution or human rights law, and we agree that a restraining and moderating force needs to be established, one that can guard and guarantee that the precepts of justice are followed. We only disagree on who can legitimately constitute such a force. For the reasons I outlined earlier, we are convinced that the judicial system is not qualified for such a task. The Senate however, since it derives its authority from the people and belongs to the executive branch, is more suited as the guardian and supreme interpreter of the Constitution. Moreover, although the Senators could, strictly speaking, be considered "politicians", they are not subject to electoral or partisan pressures. Given that Senators serve for life, they are politically insulated and can thus rule impartially. If the honorable Praetor is of the opinion that judicial training and knowledge is necessary for the authoritative interpretation of the Constitution, we are willing to amend this proposal and require that the Senators appointed to the Constitutional Curia have a legal background. Eshmunamash Medullinus Quiris |
| Date | 14:18:19, November 26, 2020 CET | From | Factio Republicana Socialistica | To | Debating the Lex Medullinia - Rajania de Summo Iudicio Foederali Constitutionalique Iudicio [RP Law] |
| Message | Quirites, I would like to point out that this proposal is also intimately tied to the two other constitutional proposals on the floor, namely the Augustinian Law on the People's Assembly and the People's Tribunate (http://classic.particracy.net/viewbill.php?billid=632920) and the Adadian Law on the Senate and Censor (http://classic.particracy.net/viewbill.php?billid=634379). Together these three bills will reform the three branches of government in a consistent manner, by radically democratizing the legislative, clarifying the powers of the executive, enhancing the powers of the Senate to balance the changing composition of the People's Assembly, and reforming the judiciary. We encourage our coalition partners to examine and comment on the other two proposals. Hasdrubal Adad Consul |
| Date | 10:47:50, December 01, 2020 CET | From | Factio Republicana Socialistica | To | Debating the Lex Medullinia - Rajania de Summo Iudicio Foederali Constitutionalique Iudicio [RP Law] |
| Message | Quirites, We have amended this proposal to respond to the critiques raised by the honored Praetor Civilis. The Constitutional Curia will now be formed of Curiales with judicial training and will be a distinct body from the Senate, while preserving the Senate's power to act as the ultimate arbiter of the Constitution. We hope the proposal is now acceptable to our coalition partners. Eshmunamash Medullinus Praetor Peregrinus |
| Date | 10:42:26, December 10, 2020 CET | From | Factio Republicana Socialistica | To | Debating the Lex Medullinia - Rajania de Summo Iudicio Foederali Constitutionalique Iudicio [RP Law] |
| Message | Quirites, In the name of compromise and concord, we have amended this proposal to establish a fully judiciary Constitutional Court while separating judicial adjudication from the normal activity of courts. The power of the Senate to act as Constitutional arbiter and moderator like any other head of state is now distinguished from the power of the Constitutional Court to interpret and adjudicate the Constitution. Aemiliana Rajani Praetor Civilis |
| Date | 13:43:59, December 13, 2020 CET | From | Clara Aurora - COSIRA | To | Debating the Lex Medullinia - Rajania de Summo Iudicio Foederali Constitutionalique Iudicio [RP Law] |
| Message | Quirites, We have a deal. COSIRA will support this proposal by the Selucian Traditional Movement. Atia Gavia Bellator Dux Oppositionis |
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Voting
| Vote | Seats | ||
| yes | Total Seats: 750 | ||
| no | Total Seats: 0 | ||
| abstain | Total Seats: 0 |
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