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Bill: An Act To Establish The Judiciary
Details
Submitted by[?]: Universal Humanists
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: January 2071
Description[?]:
| WHEREAS the Kundrati Union is a nation where the Rule of Law is supreme; AND WHEREAS Article III of the Constitution is silent as to the structure of the Judicial Branch of government; THEREFORE the Judicial Branch shall be structured as follows: I. (a) The court of common jurisdiction in all matters not otherwise provided shall be called the Common Court. (b) Judges presiding at Common Court shall be called Justices. II. (a) The court of criminal jurisdiction shall be called Assizes. (b) Judges presiding at Assizes shall be called Magistrates. III. (a) The court of governmental and administrative jurisdiction shall be called the Tribunal. (b) Judges presiding at Tribunal shall be called Arbiters. IV. (a) All courts shall have a separate Appellate Division, and shall be so designated. (b) All judges presiding at an Appellate Division shall be so designated, and shall not be judges in the court of first instance. V. (a) The court of Constitutional jurisdiction and final appeal shall be called the Supreme Court. (b) Judges presiding at the Supreme Court shall be called Chancellors. (c) The decisions of appellate courts can be appealed to the Supreme Court, upon acceptance by a quorum of Chancellors. (d) Whenever possible, there shall be nine Chancellors hearing cases at the Supreme Court. VI. (a) Courts of first instance shall be funded and administered locally, by each Prefecture. (b) Appellate courts and the Supreme Court shall be funded and administered by the national government. (c) Judges of the first instance shall be appointed by Prefectural governments. (d) Judges of the appellate courts shall be appointed by the Minister of Justice, upon advice from Cabinet. (e) Judges of the Supreme Court shall be appointed by the Head of State, upon advice from Cabinet. (f) Judges shall retire at the age of 70 years. VII. All courts are responsible for the timely and effective administration of justice, and may establish procedures for the hearing of issues that are not determinative of any matter before them. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 00:59:31, June 21, 2005 CET | From | Universal Humanists | To | Debating the An Act To Establish The Judiciary |
| Message | Kind of hard to read. Basically It goes like this: Criminal matters --> Assizes, judged by a Magistrate Governmental decisions --> Tribunal, judged by an Arbiter Civil and commercial matters --> Common Court, judged by a Justice All decisions can be appealed to an appeal division of that court, and then finally to the Supreme Court, to be heard by a panel of Chancellors. Questions of Constitutional import (such as questions by the legislature) go straight to the Supreme Court. First level judges are appointed by the local governments. Higher level judges are appointed by the national government. Courts can set up procedures to deal with interlocutory matters according to their individual needs. Thoughts? |
| Date | 03:55:14, June 21, 2005 CET | From | Unio enim si quis Motus Populi | To | Debating the An Act To Establish The Judiciary |
| Message | I think Supreme Court Chancellors should be brought up for nomination by the Head of State and/or Head of Government insted of the Minister of Justice. Other than that, I think it's a good outline that we will support =) |
| Date | 03:56:27, June 21, 2005 CET | From | Unio enim si quis Motus Populi | To | Debating the An Act To Establish The Judiciary |
| Message | oh, and one more thing, life long terms for Chancellors might be another thing, but if it's not added/needed/important not to have then we won't put up a fuss. |
| Date | 20:15:08, June 21, 2005 CET | From | Universal Humanists | To | Debating the An Act To Establish The Judiciary |
| Message | (1) The appointment of Chancellors by the Head of State is a good idea. I will make that adjustment. (2) The retirement age is to avoid judges "dying in the saddle" as it were. |
| Date | 20:20:19, June 21, 2005 CET | From | Unio enim si quis Motus Populi | To | Debating the An Act To Establish The Judiciary |
| Message | Ah, ok then. Wasn't that important to us anyway to see the appointment length changed. Looks good now, we'll support it. |
| Date | 05:34:42, June 22, 2005 CET | From | Universal Humanists | To | Debating the An Act To Establish The Judiciary |
| Message | If there is no debate concerning this bill, we will move it up for a vote. |
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Voting
| Vote | Seats | |||||||
| yes |
Total Seats: 280 | |||||||
| no | Total Seats: 0 | |||||||
| abstain | Total Seats: 25 |
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