Welcome Guest [Log In] [Register]
Welcome to the NDU's forums. We hope you enjoy your visit.


You're currently viewing our forum as a guest. This means you are limited to certain areas of the board and there are some features you can't use. If you join our community, you'll not only be able to access member-only sections, and use many member-only features such as customizing your profile, sending personal messages, and voting in polls, but you'll be able to enjoy the rights as citizens, such as voting on the RMB. Registration is simple, fast, and completely free.


Join our community!


If you're already a member please log in to your account to access all of our features:

Username:   Password:
Add Reply
Judicial Reform Amendments; A bill that calls for reform in judicial policies regarding the appointment and the scale of the Judicial branch.
Topic Started: Sep 6 2012, 02:10 AM (143 Views)
New American Territories

Judicial Reform Amendments

Amendments to the Constitution

Article II: Section I shall now state

The Judicial Branch shall be headed by the Chief Justice of the Supreme Court.

Article II: Section IV shall now state

The Chief Justice of the Supreme Court shall serve for an unlimited term, until resignation. However if a referendum proposed by the RCA is supported by a majority of citizens, then the Senate will hold a vote on the removal of the Chief Justice.

Article VII: Section I will now state

The Supreme Court shall have the power of judicial review. If the Chief Justice feels that a law is in violation of the constitution, he may raise the issue with the executive and legislative branches. The President may send a representative before the court to argue in favor of the laws constitutionality. Any citizen of the region who feels the law is unconstitutional may submit their opinion to the court on the laws constitutionality. After reviewing the debate, The Chief Justice may either strike down the law or uphold it. If it is stricken down, it is void and invalid. If it is upheld, then it is a valid and operative law.

Article VII: Section II will now state

The Supreme Court shall hold a preliminary trial for all people accused by the Executive Branch of breaking a law. The defendant may argue in his own defense, or have a citizen do it for him. A representative from the Executive Branch must argue to the court why they feel that citizen has broken a law. After reviewing the debate, the Chief Justice must decide on the validity of the allegations towards that citizen. If the Chief Justice approves of the charges, then the citizen shall go to trial. If the Chief Justice rejects the charges, then they shall not go to trial.

Article VII: Section III will now state

A citizen of the region may bring a lawsuit to the Supreme Court against another citizen. The court shall review the case, and the Chief Justice most approve of the lawsuit going to court. If the lawsuit goes to court, then a representative from either side may argue their case before the court. At the end of this debate, the Chief Justice shall arbitrate the conflict, and decide what shall happen. These decisions must not result in any form of exile, as defined in Section II.















Edited by New American Territories, Sep 6 2012, 11:46 PM.
Founder of the New Democracy Bloc
Offline Profile Quote Post Goto Top
 
Onza
Member Avatar
Speaker of the Regional Constituent Assembly
After the bill is passed, would I be forced to resign or would it wait to take effect until the next Presidential election?
Speaker of the Regional Constituent Assembly
Offline Profile Quote Post Goto Top
 
Birkinghamia
Member Avatar
Founder
I have several suggestions:

First, this would clash or conflict with portions of Article VII. That article should be amended appropriately (and anything else in the constitution pertaining to the Justices).

Second, I would rename this bill to "Judicial Reform Amendments" to reduce any possible confusion.

Third, it would be easier if all of my suggestions for reducing the size of the government was passed together, because then we wouldn't need multiple referendums. I can help you with drafting a complete bill, if you'd like.
Offline Profile Quote Post Goto Top
 
Welsh Cowboy
President of DUAN
I agree with Birk, except, that we might possibly need this, if compromise ensues and parts of Birk's bill have to be passed.
Current President of DUAN

Please telegram me with questions!
Offline Profile Quote Post Goto Top
 
New American Territories

Regarding your question Onza, the senate would nominate the Chief Justice. So effectively you would resign so the senate can nominate. Whether it will be you or someone sle I do not know.

Birkinghamis. Regarding your concerns the bill will be amended so it will not clash with article VII. (I assume you are refering to the parts were it mentions justices and majority votes.) if you are working on a complete bill reducing the size of government then hopefuly you can incorporate this in.
Founder of the New Democracy Bloc
Offline Profile Quote Post Goto Top
 
Birkinghamia
Member Avatar
Founder
Great progress! :D

I'm going to bed in a sec, but tomorrow I can help out with the bill some more.
Offline Profile Quote Post Goto Top
 
Birkinghamia
Member Avatar
Founder
Actually, since this bill only deals with the Judicial Branch, I think we should keep it just to that. So, I think it's perfect.

But please wait to propose this, I would like to propose amendments getting rid of referendums so things can pass quicker.
Offline Profile Quote Post Goto Top
 
New American Territories

So, when will you propose these referendums?
Founder of the New Democracy Bloc
Offline Profile Quote Post Goto Top
 
Birkinghamia
Member Avatar
Founder
I'm working on the amendments right now.

I apologize if it takes a while, there are a lot of issues with how the legislative branch was defined and laid out in the constitution. I'll have it up for debate within the hour.
Offline Profile Quote Post Goto Top
 
New American Territories

Alright, i will hold off on the bill for now
Founder of the New Democracy Bloc
Offline Profile Quote Post Goto Top
 
Welsh Cowboy
President of DUAN
NAT, I think we might want to add these to a new and improved constitutional amendment bill.
Current President of DUAN

Please telegram me with questions!
Offline Profile Quote Post Goto Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
« Previous Topic · Proposal Creation/Discussion Thread · Next Topic »
Add Reply

edge created by tiptopolive of ifsz