Post by Deleted on Nov 7, 2018 20:37:22 GMT
The Sixtieth Amendment to the Charter (Ministry of Justice and Court Restructuring Act)
Author(s): Dekks
Co-Signer(s): N/A
Date Enacted: 27 September 2018
Final Vote Count: 16-3-5
Author(s): Dekks
Co-Signer(s): N/A
Date Enacted: 27 September 2018
Final Vote Count: 16-3-5
Art. II, Sec. II, Sub. VII "The Minister of Justice" is amended as such (with changes made explicit):
Art. II, Sec. III, Sub. I "Establishment, Authority, Jurisdiction" is amended as such (with changes made explicit):
The following is inserted as Art. II, Sec. III, Sub. V "The High Judge" and the previous Sub. V "The Founder" made Sub. VI:
Subsection VII: The Minister of Justice
Clause I. The Minister of Justice shall be charged with upholding justice and maintaining the rule of law in the DSA.The Minister of Justice shall preside over the Court of the DSA. Decisions and recommendations made by the Minister of Justice shall be upheld by the Court, the Cabinet, and the Congress unless otherwise legally challenged and overturned.
Clause II. The Minister of Justice's authority and duties include but are not limited to:
Investigating various claims as requested
Making binding interpretations of Charter and legislation meaning and intent
Auditing Residents for compliance with the Conditions of Residency
Formally notifying Residents of their failure to comply with the Conditions of Residency
Ordering ejections of Charter violators
Settling disputes between Residents
Keeping an accurate and current roster of Charter violators
Keeping an accurate and current log of rulings
Helping nations to reach proper compliance with the Conditions of Residency
Clause III. The Minister of Justice shall refrain from ruling in cases to which the nation serving as such is a party, or in other cases where the Minister of Justice otherwise cannot be reasonably expected to maintain objectivity due to a conflict of interest. In such case, the President of Congress shall assume the duties of the Minister of Justice specifically in said case, though the Minister of Justice shall retain their authority in any other pending cases before the Court where such conflicts of interest are not present, as well as with respect to audits of Residents for compliance with the Conditions of Residency.
Clause IV. The Minister of Justice, or another nation as the Minister of Justice may designate, is obligated to help any nation that requests assistance in reaching the requirements of the Conditions of Residency.
Clause I. The Minister of Justice shall be charged with upholding justice and maintaining the rule of law in the DSA.
Clause II. The Minister of Justice's authority and duties include but are not limited to:
Investigating various claims as requested
Formally notifying Residents of their failure to comply with the Conditions of Residency
Ordering ejections of Charter violators
Clause IV. The Minister of Justice, or another nation as the Minister of Justice may designate, is obligated to help any nation that requests assistance in reaching the requirements of the Conditions of Residency.
Art. II, Sec. III, Sub. I "Establishment, Authority, Jurisdiction" is amended as such (with changes made explicit):
Subsection I: Establishment, Authority, Jurisdiction
Clause I. The Court of the DSA is the sole judicial body competent to hear disputes among Residents of the DSA at the first instance. It shall fairly administer justice within the DSA and uphold the Charter at all trials and disputes.
Clause II. The authority and duties of the Court include but are not limited to:
Making binding interpretations of Charter and legislation meaning and intent
Keeping an accurate and current log of rulings
Settling disputes between Residents
Determining the scope of legislation and the Rules of the Charter when applied to various rulings
Determining the legality of pending and passed legislation
Determining the legality of Cabinet Members’ official decisions and actions
Determining the legality of treaties
Resolving disputes among Residents
Sentencing or pardoning Residents that are successfully impeached by the Congress
Determining the legality of the World Assembly Delegate placing any nation on the DSA’s ban list
Clause 3. The jurisdiction of the Court shall extend to all Residents of the DSA.
Clause I. The Court of the DSA is the sole judicial body competent to hear disputes among Residents of the DSA at the first instance. It shall fairly administer justice within the DSA and uphold the Charter at all trials and disputes.
Clause II. The authority and duties of the Court include but are not limited to:
Making binding interpretations of Charter and legislation meaning and intent
Keeping an accurate and current log of rulings
Settling disputes between Residents
Determining the scope of legislation and the Rules of the Charter when applied to various rulings
Determining the legality of pending and passed legislation
Determining the legality of Cabinet Members’ official decisions and actions
Determining the legality of treaties
Resolving disputes among Residents
Sentencing or pardoning Residents that are successfully impeached by the Congress
Determining the legality of the World Assembly Delegate placing any nation on the DSA’s ban list
Clause 3. The jurisdiction of the Court shall extend to all Residents of the DSA.
The following is inserted as Art. II, Sec. III, Sub. V "The High Judge" and the previous Sub. V "The Founder" made Sub. VI:
Subsection V: The High Judge
Clause I. The Court shall typically be presided over by the High Judge, but when the case involves the High Judge or when the High Judge is determined to have a conflict of interest, the President of Congress shall take their position for that case only. If the case involves both the High Judge and the President of Congress or the President is also found to have a conflict of interest, a new judge with the sole purpose of presiding over this specific case shall be elected by the Congress in a four (4) day nomination and four (4) day election period.
Clause II. The High Judge shall be elected by congress in accordance with the laws and procedures of the Democratic Socialist Assembly.
Clause III. The High Judge may not hold any other elected or appointed position in the Democratic Socialist Assembly and may not hold any foreign World Assembly Delegate position or any Foreign Affairs position (including ambassadorial positions) on behalf of another region during any term of their active service.
Clause IV. Terms of the High Judge shall each last three (3) months, from January–March, April–June, July–September, and October–December, and there are no term limits on the High Judge position.
Clause V. In the event that a High Judge resigns or is impeached, an interim High Judge shall be chosen in a special election to hold office until the next term is due to start.
Clause I. The Court shall typically be presided over by the High Judge, but when the case involves the High Judge or when the High Judge is determined to have a conflict of interest, the President of Congress shall take their position for that case only. If the case involves both the High Judge and the President of Congress or the President is also found to have a conflict of interest, a new judge with the sole purpose of presiding over this specific case shall be elected by the Congress in a four (4) day nomination and four (4) day election period.
Clause II. The High Judge shall be elected by congress in accordance with the laws and procedures of the Democratic Socialist Assembly.
Clause III. The High Judge may not hold any other elected or appointed position in the Democratic Socialist Assembly and may not hold any foreign World Assembly Delegate position or any Foreign Affairs position (including ambassadorial positions) on behalf of another region during any term of their active service.
Clause IV. Terms of the High Judge shall each last three (3) months, from January–March, April–June, July–September, and October–December, and there are no term limits on the High Judge position.
Clause V. In the event that a High Judge resigns or is impeached, an interim High Judge shall be chosen in a special election to hold office until the next term is due to start.