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Bill: [RP Law] - The Constitutional and Supreme Courts of the Holy Luthori Empire Establishment Act (January 5376)
Details
Submitted by[?]: National Labour Party
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 5376
Description[?]:
| Be it enacted by the Imperial Diet, That with the passage of this law by two thirds of the Imperial Diet, Article 64 of the former constitution of 5119 and the articles dealing with the Supreme Court are declared obsolete. [Article 1]: With the passage of this law, proposed by Member of the Imperial Diet, Edward Matthews, from the Constitutional Democratic Union, a "Supreme Court", the highest court dealing with current affairs in Luthori, and a "Constitutional Court", court responsible for ensuring compliance with Luthori's constitutional laws on all laws passed by the Imperial Diet. [Article 2 - Constitutional Court] [Article 2, paragraph 1] - Any law passed by the deputies present at the Imperial Diet must be reviewed by the Constitutional Court. [Article 2, paragraph 2] - The Constitutional Court will have the power to refer a law to the Imperial Diet, if the content thereof is determined to be unconstitutional and taking away fundamental freedoms from citizens. [Article 2, paragraph 3] - The Constitutional Court will be composed of 15 members, for a lifetime mandate, they will be appointed by the monarch (see article 2, paragraph 4) [Article 2, paragraph 4] - The Constitutional Court will see its members appointed by the monarch under the advice of the Prime Minister, the Leader of the Opposition and an independent committee made up of legal experts. [Article 2, paragraph 5] - Any choice for appointment to the Constitutional Court must first be approved by the national legislature, which is the Imperial Diet; if the nominations are rejected by the Diet, those responsible for the appointments will have to start again the process of nominating judges before this list is re-evaluated and revote by the Imperial Diet. [Article 2, paragraph 6] - Any appointed judges must go through a commission of inquiry of the Imperial Diet, composed of members of each political party which has representation in the Imperial Diet, this committee will see its seats allocated proportionally via the size of this party in the Imperial Diet. [Article 2, paragraph 7] - Before taking office as new judges of the Constitutional Court, the judges will have to swear an oath of loyalty, which will be developed in [Article 2, paragraph 8] [Article 2, paragraph 8] - As developed in article 2, paragraph 7, any judge newly appointed by the monarch after the vote of the Diet must submit to swear this oath: "I, Judge [insert first and last name], solemnly swear allegiance to His/Her Majesty, the [Emperor or Empress (depending on the gender of the reigning monarch)] and swear to serve the constitutional laws with the utmost loyalty to my country, I swear to follow everything that seems right and I swear to keep constitutional unity and democracy in Luthori" [Article 2, paragraph 9] - The Chief Justice of the Constitutional Court will be appointed by his peers after a secret ballot in which all members of the Court would be de facto declared as candidates, the candidate being unanimously elected will be elected as Chief Justice of the Constitutional Court. [Article 2, paragraph 10] - The Chief Justice shall be a neutral member of the Court, being the designated moderator of the proceedings within the Court, and only intervening with his vote if the voting situation in the Court shows a tie vote between the Justices. [Article 2, paragraph 11] - The Constitutional Court will have the power, if it votes against the passage of a law, to revoke the decision and refer it to the Imperial Diet for "in-depth studies", or to completely revoke the law by not giving the Diet the opportunity to revise the text. [Article 2, paragraph 12] - Any interference on the part of political, religious, economic, military leaders or individuals, in the form of lobbying within the Constitutional Court could be punished by electoral ineligibility, a fine, or in the worst case, punished in the form of a prison sentence if any attack on the life of a judge, via threats or acts was to be declared and proven. [Article 2, paragraph 13] - Any political leader facing a procedure for dismissal from their political mandate could appeal their judgment to the Constitutional Court, which will render a final and permanent judgment. [Article 2, paragraph 14] - Decisions on the part of the Diet or the government which were approved by the Court cannot be the subject of legal proceedings against it. [Article 2, paragraph 15] - Through their advice, the Prime Minister/Lord President of the Council will appoint 5 of the 15 appointable judges, the Leader of Her Majesty's Most Loyal Opposition will appoint 4 of the 15 appointable judges, and the independent commission composed of magistrates and political personnel will appoint 6 of the 15 judges of the Constitutional Court. [Article 3 - The Supreme Court] [Article 3, paragraph 1] - The Supreme Court of the Holy Luthori Empire is a judicial institution which is the highest placed in current affairs, being surpassed by no court in the country in this area. [Article 3, paragraph 2] - The Supreme Court is composed of 20 judges appointed by an independent commission composed solely of personalities from the judicial sector (lawyers, magistrates) [Article 3, paragraph 3] - The Supreme Court will see its judges be elected by a candidacy system, via several rounds of voting within the "Commission for the Appointment of Judges to the Supreme Court", this system will see the candidates be submitted tests, such as knowledge of intellectual abilities on Luthorian law and their ability to explain their project to committee members. The 20 judges who receive the most votes will be appointed as Supreme Court justices. [Article 3, paragraph 4] - The duration of the mandate of the judges of the Supreme Court will be in the image of their colleagues of the Constitutional Court, that is to say that it will last until their death or their resignation from office. their mandate. [Article 3, paragraph 5] - If a judge of the Supreme Court decides to resign from office or dies, a process of appointing a new judge will take place, with the committee meeting to choose a new judge for the court, if a judge is removed from office by a vote of his peers, this process will be the same. [Article 3, paragraph 6] - A judge of the Supreme Court may be removed from office by a unanimous vote of his peers, who will see, at the end of this vote, if conclusive, all his prerogatives of judge be taken away from him. [Article 3, paragraph 7] - The Supreme Court will appoint a President, who will not be elected by his peers, but will be directly appointed by the Orange Palace out of the 20 judges of the Supreme Court and will remain in his position until 10 years maximum, where he will be replaced by one of his colleagues. [Article 3, paragraph 8] - The monarch, under the advice of the President of the selection committee and the President of the Court, may unilaterally dismiss a judge from office for serious misconduct in office. [Article 3, paragraph 9] - The oath given by judges upon their ascension to the bench is this: "I solemnly swear, as a judge of the Supreme Court of Luthori, of my eternal fidelity to the principles of justice , freedom, democracy, and I solemnly swear my loyalty to Her Majesty, the Emperor/Empress of the Empire, reaffirming my commitment to the stabilization and continuation of democracy and the rule of law in Luthori" |
Proposals
Debate
These messages have been posted to debate on this bill:
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| Vote | Seats | ||||
| yes |
Total Seats: 360 | ||||
| no |
Total Seats: 214 | ||||
| abstain | Total Seats: 76 |
| Random fact: "Treaty-locking", or ratifiying treaties that completely or nearly completely forbid any proposals to change laws, is not allowed. Amongst other possible sanctions, Moderation reserves the discretion to delete treaties and/or subject parties to a seat reset if this is necessary in order to reverse a treaty-lock situation. |
| Random quote: "Rarely is the question asked: is our children learning?" - George W. Bush |