Post by Dekks on Sept 19, 2018 15:19:44 GMT
Ministry of Justice and Court Restructuring Act
Short title: Court Act
Comes into Force: 1st of November
Article 1: Restructuring of Subsection 2.2.7- The Minister of Justice
Removes the crossed parts and adds the parts in bold from Subsection 2.2.7- The Minister of Justice
1. 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.
2. 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
3. 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.
4. 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.
Article 2: Restructuring of Subsection 2.3.1 - Establishment, Authority, Jurisdiction
Additions and changes will be represented in bold to Subsection 2.3.1 - Establishment, Authority, Jurisdiction:
1. 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.
2. 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
3. The jurisdiction of the Court shall extend to all Residents of the DSA.
Article 3: Introduction of Subsection 2.3.5 - The High Judge
Introduces Subsection 2.3.5 - The High Justice, and moves over Subsection 2.3.5 - The Founder over to Subsection 2.3.6 or another appropriate place in the charter:
1. 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.
2. The High Judge shall be elected by congress in accordance with the laws and procedures of the Democratic Socialist Assembly.
3. 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.
4. 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.
5. 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.
Short title: Court Act
Comes into Force: 1st of November
Article 1: Restructuring of Subsection 2.2.7- The Minister of Justice
Removes the crossed parts and adds the parts in bold from Subsection 2.2.7- The Minister of Justice
1. The Minister of Justice shall be charged with upholding justice and
maintaining the rule of law in the DSA.
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.
2. The Minister of Justice's authority and duties include but are not limited to:
● Investigating various claims as requested
●
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
●
● Keeping an accurate and current roster of Charter violators
●
● Helping nations to reach proper compliance with the Conditions of
Residency
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.
4. 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.
Article 2: Restructuring of Subsection 2.3.1 - Establishment, Authority, Jurisdiction
Additions and changes will be represented in bold to Subsection 2.3.1 - Establishment, Authority, Jurisdiction:
1. 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.
2. 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
3. The jurisdiction of the Court shall extend to all Residents of the DSA.
Article 3: Introduction of Subsection 2.3.5 - The High Judge
Introduces Subsection 2.3.5 - The High Justice, and moves over Subsection 2.3.5 - The Founder over to Subsection 2.3.6 or another appropriate place in the charter:
1. 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.
2. The High Judge shall be elected by congress in accordance with the laws and procedures of the Democratic Socialist Assembly.
3. 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.
4. 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.
5. 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.
