SR 113-24: Judicial Reform Amendment (Passed)
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  SR 113-24: Judicial Reform Amendment (Passed)
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Author Topic: SR 113-24: Judicial Reform Amendment (Passed)  (Read 3469 times)
OriAr
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« Reply #175 on: February 28, 2023, 07:16:40 AM »

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Liminal Trans Girl
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« Reply #176 on: February 28, 2023, 08:26:59 AM »

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Mr. Reactionary
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« Reply #177 on: March 01, 2023, 08:10:42 AM »

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« Reply #178 on: March 01, 2023, 01:26:36 PM »

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Deep Dixieland Senator, Muad'dib (OSR MSR)
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« Reply #179 on: March 01, 2023, 08:43:54 PM »

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« Reply #180 on: March 02, 2023, 05:43:32 PM »

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PragmaticPopulist
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« Reply #181 on: March 02, 2023, 09:45:25 PM »

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Mr. Reactionary
blackraisin
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« Reply #182 on: March 03, 2023, 08:25:14 AM »

The Amendment is approved by a vote of 13-3-0-2.
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Mr. Reactionary
blackraisin
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« Reply #183 on: March 03, 2023, 08:37:33 AM »

Quote
Quote
Judicial Reform Amendment

The following additions, deletions, and changes are to be incorporated under Article V of the Fifth Constitution:


Quote
Section 1. The Judiciary.

1. The judicial power of the Republic of Atlasia shall be vested in the Supreme Court, the membership of which shall consist of two Justices and three Associate Justices chosen in the following manner:

i. The Justices of the Supreme Court shall be nominated by the President of the Republic of Atlasia and confirmed by a majority vote of the Senate.

ii. The chief executive officer of each of the several Regions shall nominate from among their constituents a candidate for Associate Justice. Upon the assent of a majority of the legislative power thereof, the nomination shall proceed to the President. If they the President approves of the nomination they should the President shall grant their Assent and the nominee shall assume the office of Associate Justice; but if they should the President disapproves they should the President shall veto it and the nomination will be annulled. If then two thirds of the Senate should vote to override the President's veto, the nominee shall take office regardless of the opinion of the President.

2. The Justices and Associate Justices thus chosen shall hold their offices for life in good behavior for a term of four consecutive years;.

3. The President shall designate a Chief Justice from among the appointed Justices, who shall continue in that capacity until such time as they shall resign the designation, or else cease to be a member of the Supreme Court.

4. The term for any Supreme Court Justice or Associate Justice that, at the time this amendment is ratified, exceeds four consecutive years, shall follow a process as follows:

i. Ninety days after the ratification of this amendment, all Justices or Associate Justices who have served for more then four consecutive years shall vacate their seat, in order of seniority every ninety days. No such justice shall be eligible for reappointment until one hundred twenty days have elapsed since having vacated their seat.



Section 2. Regional Courts

The judicial power of each of the several Regions shall be vested in a Circuit Court composed of the Associate Justice chosen from that Region, and no Region shall establish any other court or judicial authority to hear a case with original jurisdiction lying with the Supreme Court.

Section 3. Jurisdiction.

1. The original and mandatory jurisdiction of the Supreme Court shall extend to :

i. all actual cases, in law and equity, arising under this Constitution and all official acts made under its authority;

ii. to all cases affecting ambassadors and other public ministers; and

iii. to all cases of admiralty and maritime jurisdiction.

2. The appellate, concurrent, and discretionary jurisdiction of the Supreme Court shall, as permitted by law, extend to controveries:

i. to controversies to which this Republic shall be a party;

ii. to controversies between two or more Regions, or between a Region and citizens of another Region;

iii. between citizens of different Regions;

iv. between citizens of the same Region claiming lands under grants of different Regions;

v. between a Region, or the citizens thereof, and foreign States, citizens, or subjects; and

vi. to which an NPC unrepresented by a player shall be a party.

2.3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the Region where the said crimes shall have been committed; but when not committed within any Region, the trial shall be at such place or places as the Senate may by law have directed.

Quote from: Amendment Explanation
This Constitutional Amendment establishes a four year term limit for Justices and Associate Justices of the Supreme Court and establishes a staggered process for the expiration of the terms of existing Justices and Associate Justices who already exceed the term limit. This Constitutional Amendment also clarifies the jurisdiction of the Supreme Court by identifying which cases and controversies the Supreme Court must hear and which they may, by discretion, hear.

Passed 13-3-0-2 in the Atlasian Senate assembled.

- R, PPT
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