The Courts

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The Courts

Post  Serenel on Tue Feb 15, 2011 10:51 pm

This is usually the smaller part of the work here, but the courts are important to a free and democratic region none the less, dont be shy to share, thats how we make the best of things, is everyones input.
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Re: The Courts

Post  Serenel on Mon Feb 28, 2011 12:29 am

This was actually alot longer then i thought it would be.

however i have finished the first rough draft of the Judicial section of our constitution.

i think i added quite a bit we didnt discuss, just because in the formation of any document, you cant always hit every base.

so if you see something that concerns you, please bring it up so we can talk about it.

also, as always with my work, be on the look out for grammatical/spelling things.

usually with a legit document like this, i run it through word, but word spell check isnt always 100%, so just do a once over.

also let me know if i left anything out, or you percieve any possible loop holes, or if you have any suggestions, i am all ears.

so with out further wait, here it is:

Section III- The Judicial

Article A- Structure of the Judicial

1. The Judicial power of the Dirty South shall be invested in the Supreme Court of the Dirty South.

2. The Supreme Court shall consist of, initially, a sole seat that shall represent the Office of the Chief Justice of the Supreme Court of the Dirty South.


Article B-Selection of the Chief Justice

1. The Chief Justice shall be a position that is appointed by the Founder of the Dirty South, The Holy Empire of Teh Dirty South Boss, etc.

2. The appointee will then be put forth the General Assembly, who will proceeded to question the appointee for as long as they deem necessary.

3. Then, once a vote is called, a 50%+1 of the votes cast will be necessary to allow the appointee to ascend to the Office of the Chief Justice of the Supreme Court of the Dirty South.


Article C- Power of the Supreme Court

1. The Supreme Court shall settle the disputes that may arise between Citizen Nations of the Dirty South.

2. The Supreme Court shall settle the disputes that may arise between a Citizens Nation(s) and the Executive Administration of The Dirty South.

3. The Supreme Court shall settle the disputes that may arise between the Executive Administration of the Dirty South and the General Assembly of the Dirty South

4. The Supreme Court shall settle the disputes that may arise between The General Assembly of the Dirty South and a Citizen Nation(s).

5. The Supreme Court shall set precedent with its decisions, and while not binding should be noted to the posterity of the Dirty South as the common law in the region, and only with due consideration, time, and social change, should precedent be overturned.

6. The Supreme Court shall also have the power to interpret the Acts passed by the General Assembly, and as such determine their validity and constitutionality. As such the Supreme Court shall have the power to strike down Acts of the General Assembly if found to be unconstitutional.

7. The Supreme Court, in its power of Judicial Review, must strike down the whole law or nothing at all.

8. The Supreme Court, in its power of Judicial Review, may only strike down a law, and cannot prescribe a law in its place or suggest a law for future.


Article D- Term length of the Chief Justice

1. A Chief Justice, once appointed by the Founder, and approved by the General Assembly shall hold his position for life, or until they cease to become a citizen of the Dirty South as outlined by this constitution, is removed from the bench in the process set for in Section III, Article G, or by their resignation from the bench.

2. The term length for the Chief Justice shall be applied proactively to all additional positions created by the General Assembly that apply to the Judicial Branch of the Dirty South.


Article E- Expansion of the Supreme Court and Judicial Branch

1. The General Assembly, at a time it sees fit, may pass legislation in the form of a motion to expand the bench that sits on the Supreme Court.

2. All Offices created by the General Assembly to expand the bench of the Supreme Court shall be inferior to the Office of the Chief Justice of the Supreme Court of the Dirty South.

3. The General Assembly, in its legislation will stipulate the manner in which the new Justices shall be appointed to their offices.

4. All new Justices though shall inherit the term length stated in Section III, Article D, Clause 2.

5. The General Assembly, at a time it sees fit, may pass legislation in the form of a motion to expand the Judicial Branch of The Dirty South.

6. All Courts created by the General Assembly to expand the Judicial Branch of the Dirty South, shall be inferior to the Supreme Court of the Dirty South.

7. The General Assembly, in its legislation will stipulate the manner in which the Justices, for the new court, shall be appointed to their offices.

8. All Offices created to bench the new Courts created by the General Assembly shall receive the term length laid out in Section III, Article D, Clause 2.


Article F-Recuse

1. The Chief Justice, and any other Justice created by the General Assembly should, and is expected to, recuse his or herself from a case if they believe they have an acute bias, or are a party in the case themselves.

2. The General Assembly is hereby imbued with the authority and power to pass legislation in the form of a motion to determine the best solution in the event the Chief Justice, or some lower Justice, needs to recused from a case.


Article G- Removal from Office

1. A Chief Justice, or lower Justice, may be removed from their position by the General Assembly, with the consent of the Premier, if it is felt that the Justice has shown an acute bias in a case.

2. To remove a Chief Justice, or lower Justice, the General Assembly must call a hearing, where the Justice in question shall testify before the General Assembly why they believe they did not show an acute bias, and answer any questions the General Assembly poses to them.

3. The General Assembly must then pass legislation in the form of a motion that must receive 3/4ths of the votes cast in order to pass.

4. If the motion passes, it then goes to the Premier who has to consent to the dismissal, in order for it to be considered legitimate.

5. If a Chief Justice or lower Justice is removed from the bench, their decision in the case in which they are accused of committing the act of having an acute bias, is not effected, and the decision still stands.
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Re: The Courts

Post  Cool Egg Sandwich on Mon Feb 28, 2011 1:06 am

Fantastic. And as always Serenel, I cleaned it up a bit and made some grammatical changes here and there. I hope you like the newer version...


Section III- The Judicial

Article A- Structure of the Judicial


1. The Judicial power of the Dirty South shall be invested in the Supreme Court of the Dirty South.

2. The Supreme Court shall consist of, initially, a sole seat that shall represent the Office of the Chief Justice of the Supreme Court of the Dirty South.


Article B-Selection of the Chief Justice


1. The Chief Justice shall be a position that is appointed by the Founder of the Dirty South, The Holy Empire of Teh Dirty South Boss, etc.

2. The appointee will then be put forth the General Assembly, which will proceed to question the appointee for as long as they deem necessary.

3. A vote will then be called by the Deputy Premier; 50%+1 of the votes cast will be necessary to allow the appointee to ascend to the Office of the Chief Justice of the Supreme Court of the Dirty South.


Article C- Power of the Supreme Court


1. The Supreme Court shall settle the disputes that may arise between Citizen Nations of the Dirty South.

2. The Supreme Court shall settle the disputes that may arise between a Citizens Nation(s) and the Executive Administration of The Dirty South.

3. The Supreme Court shall settle the disputes that may arise between the Executive Administration of the Dirty South and the General Assembly of the Dirty South

4. The Supreme Court shall settle the disputes that may arise between The General Assembly of the Dirty South and a Citizen Nation(s).

5. The Supreme Court shall set precedent with its decisions, and while not binding these should be noted to the posterity of the Dirty South as common law in the region, and only with due consideration, time, and social change, should precedent be overturned.

6. The Supreme Court shall also have the power to interpret the Acts and Amendments passed by the General Assembly, and as such determine their validity and constitutionality. As such the Supreme Court shall have the power to strike down Acts of the General Assembly if found to be unconstitutional.

7. The Supreme Court, in its power of Judicial Review, must strike down the entire law or nothing at all.

8. The Supreme Court, in its power of Judicial Review, may only strike down a law, and cannot prescribe a law in its place or suggest a law for the future.


Article D- Term Length of the Chief Justice

1. A Chief Justice, once appointed by the Founder, and approved by the General Assembly shall hold his position for life, or until they cease to become a citizen of the Dirty South as outlined by this constitution, are removed from the bench in the process set forth in Section III, Article G, or by their resignation from the bench.

2. The term length for the Chief Justice shall be applied proactively to all additional offices created by the General Assembly that apply to the Judicial Branch of the Dirty South.


Article E- Expansion of the Supreme Court and Judicial Branch

1. The General Assembly, at a time it sees fit, may pass legislation in the form of a motion to expand the bench that sits on the Supreme Court.

2. All Offices created by the General Assembly to expand the bench of the Supreme Court shall be inferior to the Office of the Chief Justice of the Supreme Court of the Dirty South.

3. The General Assembly, in its legislation will stipulate the manner in which the new Justices shall be appointed to their offices.

4. All new Justices though shall inherit the term length stated in Section III, Article D, Clause 2.

5. The General Assembly, at a time it sees fit, may pass legislation in the form of a motion to expand the Judicial Branch of The Dirty South.

6. All Courts created by the General Assembly to expand the Judicial Branch of the Dirty South, shall be inferior to the Supreme Court of the Dirty South.

7. The General Assembly, in its legislation will stipulate the manner in which the Justices, for the new court, shall be appointed to their offices.

8. All Offices created to bench the new Courts created by the General Assembly shall receive the term length laid out in Section III, Article D, Clause 2.


Article F-Recusal

1. The Chief Justice, and any other Justice created by the General Assembly should, and is expected to, recuse him or herself from a case if they believe they have an acute bias, or it can be shown that they have an acute bias, or are a party in the case themselves.

2. The General Assembly is hereby imbued with the authority and power to pass legislation in the form of a motion to determine the best solution in the event the Chief Justice, or some lower Justice, needs to be recused from a case.


Article G- Removal from Office

1. A Chief Justice, or lower Justice, may be removed from their position by the General Assembly, with the consent of the Premier, if it is felt that the Justice has shown an acute bias in a case.

2. To remove a Chief Justice, or lower Justice, the General Assembly must call a hearing, where the Justice in question shall testify before the General Assembly why they believe they did not show an acute bias, and answer any questions the General Assembly poses to them.

3. The General Assembly must then pass legislation removing the Justice, in the form of a motion, which must receive a 75% majority of the votes cast in order to pass.

4. If the motion passes, it then goes to the Premier who has the power to either agree to the dismissal or ‘Veto’ the motion.

5. If a Chief Justice or lower Justice is removed from the bench, their decision in the case in which they are accused of committing the act of having an acute bias, is not affected, and the decision still stands.

_________________
~The Little Green Ghouls of Cool Egg Sandwich alien
(WA Delegate / Premier)

~Teh Dirty South Boss geek
(Founder)
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Re: The Courts

Post  Serenel on Mon Feb 28, 2011 6:27 am

Okay, i am pretty sure i put in all your edits, save for the one we mentioned.

also your edit about the Premiers veto, you are right that that needed to be re-worded, but i just went and used a hy-bird of yours/new edition of mine.

everyone else, please read through, and let me know if there is anything that you think needs to be re-worded or something:

Section III- The Judicial

Article A- Structure of the Judicial

1. The Judicial power of the Dirty South shall be invested in the Supreme Court of the Dirty South.

2. The Supreme Court shall consist of, initially, a sole seat that shall represent the Office of the Chief Justice of the Supreme Court of the Dirty South.


Article B-Selection of the Chief Justice

1. The Chief Justice shall be a position that is appointed by the Founder of the Dirty South, The Holy Empire of Teh Dirty South Boss, etc.

2. The appointee will then be put forth the General Assembly, which will proceeded to question the appointee for as long as they deem necessary.

3. A vote will then be called by the Speaker of the General Assembly; 50%+1 of the votes cast will be necessary to allow the appointee to ascend to the Office of the Chief Justice of the Supreme Court of the Dirty South.


Article C- Power of the Supreme Court

1. The Supreme Court shall settle the disputes that may arise between Citizen Nations of the Dirty South.

2. The Supreme Court shall settle the disputes that may arise between a Citizens Nation(s) and the Executive Administration of The Dirty South.

3. The Supreme Court shall settle the disputes that may arise between the Executive Administration of the Dirty South and the General Assembly of the Dirty South

4. The Supreme Court shall settle the disputes that may arise between The General Assembly of the Dirty South and a Citizen Nation(s).

5. The Supreme Court shall set precedent with its decisions, and while not binding these decisions should be noted to the posterity of the Dirty South as the common law in the region, and only with due consideration, time, and social change, should precedent be overturned.

6. The Supreme Court shall also have the power to interpret the Acts passed by the General Assembly, and as such determine their validity and constitutionality. As such the Supreme Court shall have the power to strike down Acts of the General Assembly if found to be unconstitutional.

7. The Supreme Court, in its power of Judicial Review, must strike down the whole law or nothing at all.

8. The Supreme Court, in its power of Judicial Review, may only strike down a law, and cannot prescribe a law in its place or suggest a law for future.


Article D- Term length of the Chief Justice

1. A Chief Justice, once appointed by the Founder, and approved by the General Assembly shall hold their position for life, or until they cease to become a citizen of the Dirty South as outlined by this constitution, are removed from the bench in the process set for in Section III, Article G, or by their resignation from the bench.

2. The term length for the Chief Justice shall be applied proactively to all additional positions created by the General Assembly that apply to the Judicial Branch of the Dirty South.


Article E- Expansion of the Supreme Court and Judicial Branch

1. The General Assembly, at a time it sees fit, may pass legislation in the form of a motion to expand the bench that sits on the Supreme Court.

2. All Offices created by the General Assembly to expand the bench of the Supreme Court shall be inferior to the Office of the Chief Justice of the Supreme Court of the Dirty South.

3. The General Assembly, in its legislation will stipulate the manner in which the new Justices shall be appointed to their offices.

4. All new Justices though shall inherit the term length stated in Section III, Article D, Clause 2.

5. The General Assembly, at a time it sees fit, may pass legislation in the form of a motion to expand the Judicial Branch of The Dirty South.

6. All Courts created by the General Assembly to expand the Judicial Branch of the Dirty South, shall be inferior to the Supreme Court of the Dirty South.

7. The General Assembly, in its legislation will stipulate the manner in which the Justices, for the new court, shall be appointed to their offices.

8. All Offices created to bench the new Courts created by the General Assembly shall receive the term length laid out in Section III, Article D, Clause 2.


Article F-Recuse

1. The Chief Justice, and any other Justice created by the General Assembly should, and is expected to, recuse him or herself from a case if they believe they have an acute bias, or are a party in the case themselves.

2. The General Assembly is hereby imbued with the authority and power to pass legislation in the form of a motion to determine the best solution in the event the Chief Justice, or some lower Justice, needs to recused from a case.


Article G- Removal from Office

1. A Chief Justice, or lower Justice, may be removed from their position by the General Assembly, with the consent of the Premier, if it is felt that the Justice has shown an acute bias in a case.

2. To remove a Chief Justice, or lower Justice, the General Assembly must call a hearing, where the Justice in question shall
testify before the General Assembly why they believe they did not show an acute bias, and answer any questions the General Assembly poses to them.

3. The General Assembly may then pass legislation removing the Justice, in the form of a motion, that must receive 75% of the votes cast in order to pass.

4. If the motion passes, it then goes to the Premier who can either sign off on the motion, or can veto the motion.

5. If the motion is vetoed, it then dies, and the Justice shall stay on the court, and cannot be impeached for an acute bias in the same case again.

6. If a Chief Justice or lower Justice is removed from the bench, their decision in the case in which they are accused of committing the act of having an acute bias, is not affected, and the decision still stands.
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Re: The Courts

Post  Anglenburgh on Mon Feb 28, 2011 9:30 pm

This is very good and I think you covered all the bases with it; however, for the sake of efficiency I think we need to include a "Co-Justice" appointed solely by the General Assembly. I feel this way in the case of the Chief Justice Removing himself from a hearing/trial thing as stated in Article F. If a Justice is needed ASAP and it is left up to the GA to decide what to do, whether to create a new Court/Justice or to just do it themselves. Legislative Branches are notoriously known for drawing things out...
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Re: The Courts

Post  Serenel on Mon Feb 28, 2011 9:36 pm

That is why the General Assembly is imbued with the authority and power to decide what to do.

now i understand what your getting at, well in the heat of the moment we need a quick decision.

and i certinly respect that, but i view this clause as allowing the General Assembly to create legislation before the situation occurs, which means when the time comes, there will already be codified statute as to how to deal with the situation.

so i see this clause as allowing the legislature to be proactive about the situation instead of reactive.
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Re: The Courts

Post  Anglenburgh on Mon Feb 28, 2011 10:17 pm

I see. And this is probably going to stress me out and I don't know why... I think this should be the first thing the Legislative Branch pushes for. Embarassed
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Re: The Courts

Post  Serenel on Mon Feb 28, 2011 10:39 pm

The General Assembly will have alot of work out of the gate.

however that is how we want it to be.

right now there is a lull in acitivty, because most of the constitution is debated, and now we are just waiting to peice it together and vote on it.

so there isnt much to do.

however when the constitution is passed, we want people logging on, and having something to do, something to talk about, something to debate about, something to join.

this is why i want a constitution that we try out best at not adding everything to, so the General Assembly can decide how they want things, and then in time change it, if it needs to be changed...so on and so forth Smile
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Re: The Courts

Post  Anglenburgh on Mon Feb 28, 2011 11:53 pm

Plus, the only truly efficient governments are those of dictatorships Wink
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Re: The Courts

Post  Serenel on Mon Feb 28, 2011 11:58 pm

lol.

i suppose that does clear up alot of the beauracracy and red tape.
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Re: The Courts

Post  Knights Inquisitor on Tue Mar 01, 2011 1:13 am

Having read these Articles, I approve.
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Re: The Courts

Post  Anglenburgh on Tue Mar 01, 2011 5:22 pm

Serenel wrote:lol.

i suppose that does clear up alot of the beauracracy and red tape.

I love bureaucracy and red tape reminds me of christmas Very Happy
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