Judiciary Discussion

[Hileville]

So we had attempted to try something a little different and it hasn't worked the way I nor anyone else intended for it. I am going to be drafting up an Omnibus bill that will re-combine the MoJ and the Magistrate positions and add some extra provisions that were missing previously i.e. not having the MoJ be leading the prosecutions case by holding sting operations. What I would like to know from all of you guys is what do you like about our current Legal Code and Judicial system and what really needs to go or be corrected.

[Drugged Monkeys]

You started it off with the main thing, recombining the MoJ and Magistrate. I'll be reading through and suggesting some stuff when I get a free minute soon.

[God-Emperor]

I was thinkin' the same thing literally hours before ya posted it. Great minds...

[Hileville]

This is going to take a little longer than I had hoped. Might have something in the next week to start working off of.

[Hileville]

Okay so the above is a pretty good start. Some minor changes may need to be made to the above. I am starting to look through all of the laws to see what needs changed as well. I may change this again a few times so this is really an early draft of changes.

<strong class='bbc'>Article 6 - Judiciary</strong>

[*:ib192lo6]The Superior Court of the South Pacific has the power to interpret the Charter and Laws and may annul any Law or part thereof that contradicts the Constitution and any action of the executive taken in the exercise of its powers that contradicts the Charter or Laws. The Superior Court has the power to adjudicate on the legality of elections and the power to determine conviction and sentencing in criminal cases, and resolution and compensation in civil cases. The Superior Court may exercise these powers upon being petitioned by an individual eligible to do so.





[*:ib192lo6]The Minister of Justice has the responsibilities of the moderation and administration of the Superior Court.  The Minister of Justice may appoint Associate Justices for the purpose of aiding in and presiding over cases of the Superior Court.  These Associate Justices must be approved by a majority vote of the Cabinet.





[*:ib192lo6]<del>The Cabinet of The South Pacific has the responsibility of appointing the Superior Court Magistrate after each regular election of its members.  After a majority of members approve of the nominee they are to be submitted to the Assembly for approval.  Nominees will be approved by a vote in accordance with the normal Assembly procedures.</del>





[*:ib192lo6]All Citizens may petition the Superior Court and act as or appoint another person to act as the prosecution in their case. All Defendants may defend themselves or appoint a person(s) to act on their behalf.





[*:ib192lo6]In cases where the Government of the South Pacific must file charges they shall be filed by the Delegate and the Delegate will be responsible for the prosecution of said offense or may appoint someone to be responsible for said prosecution.





[*:ib192lo6]The Procedures of the Superior Court shall be written in law by the Assembly of the South Pacific.

<strong class='bbc'>Article 12 - Responsibilities and authority of the Ministry of Justice </strong>

[*:ib192lo6]The Ministry of Justice shall be responsible ensuring that Member States follow the rule of law as laid out in the Charter and Laws of TSP.





[*:ib192lo6]The Ministry of Justice shall be responsible for all provisions in Article 6 of the Charter.





[*:ib192lo6]In the event that the Minister of Justice is accused of violations of the Laws and Charter of TSP the Minister of Justice shall inform the Delegate of TSP who shall appoint a prosecutor and assume the role and functions of the Minister of Justice in respect of a trial.





[*:ib192lo6]It is the duty of the Ministry of Justice to inform <del>the Superior Court and</del> the accused Nation of allegations made and to indicate whether the Ministry of Justice will proceed with a trail as a result of the allegation(s).





[*:ib192lo6]In any trial brought against another Member State by the Ministry of Justice, the Minister of Justice shall appoint someone to act as the Chief Prosecutor except in circumstances as laid out by the Charter and Laws of TSP.



<del>

[*:ib192lo6]The Minister of Justice may act as Defence Counsel in trials where a Member of the Cabinet is being tried by another Member State.</del>





[*:ib192lo6]If a nation feels it was wrongfully ejected from the region, they may file a claim with the Ministry of Justice. Providing the Superior Court finds in favour of the plaintiff, the Delegate will then un-ban the nation in order to allow them to return to the region.

[Eluvatar]

There should be an "as" after "act" in there:



All Citizens may petition the Superior Court and act as or appoint another person to act as the prosecution in their case. All Defendants may defend themselves or appoint a person(s) to act on their behalf.



Just my tuppence.

[Milograd]

I'm rather busy at the moment, but I'll be sure to post a few comments when I can. If I forget to, can someone please remind me about this?

[Rebel-topia]

Milo... Dont forget to post your $.02 about this. I like it. Just eliminates the Mag and gives the power back to the elected official.

[God-Emperor]

I think Article 12 Section 2 is repetitive, and Section 3 makes the MoJ responsible for self-reporting. I don't like that, nor do I love that Section 5 requires the MoJ to appoint someone else as prosecution.

[Milograd]

Article 5 seems fine to me. What about the MoJ being required to appoint a prosecutor don't you like?The edits made thus far look good to me, and Elu made a nice catch.

[Hileville]

There are a few things I will tweak here momentarily that look a little funny to me wording wise. Also I am debating on the need to legislate an attorney corps or just have a volunteer group to act as Prosecution and Defense attorneys.

[Belschaft]

I'd be inclined to retain a none-elected official/s in charge of Judicial Review, though without the criminal jurisdiction. Maybe combine those duties with the EC as a 'Constitutional Court' in charge of Elections and Judicial Review? That means it's no longer the job of one person, and prevents any potential conflict of interest.

[Drugged Monkeys]

I like it that Idea^And everything else looks good to me

[God-Emperor]

I like Bel's idea, too.

[Antariel]

It'll cut down the MoJ role again, though.

[Belschaft]

The problem with the MoJ role of old though was precisely that it covered too much ground; Prosecutor, Judge and Constitutional Court.Ideally all three of those roles would be separate. An alternative would be to restrict the MoJ to Judge and Constitutional Court, and have all prosecutions be brought privately.

[God-Emperor]

I like that idea better. It's what I was gettin' at here:

nor do I love that Section 5 requires the MoJ to appoint someone else as prosecution.

I don't think judge and constitutional court need to be seperate, but, if it is, no skin off my nose.

[Drugged Monkeys]

Yes the prosecution appointment is nonsense.If a person brings forth charges, he/she should have to be the prosecution. Or get someone to do it for them.

[God-Emperor]

Yes, exactly.

[Sparaxis]

Can even greater flexibility be had by making both prosecution and defense counsel appointments optional? So you can appoint your prosecutor but if no-one suitable is willing to do it or they become inactive you can bring the charges yourself, same kind of thing for defense, there should be someone who has a duty to defend the accused but they should have the opportunity to decline them and defend themselves/find somebody else.Maybe that is going overboard on freedom, what do you think?

[Hileville]

Can even greater flexibility be had by making both prosecution and defense counsel appointments optional? So you can appoint your prosecutor but if no-one suitable is willing to do it or they become inactive you can bring the charges yourself, same kind of thing for defense, there should be someone who has a duty to defend the accused but they should have the opportunity to decline them and defend themselves/find somebody else.

Maybe that is going overboard on freedom, what do you think?

It is optional. I am re-writing this now to include some of the ideas discussed.

[Hileville]

<strong class='bbc'>Article 6 - Judiciary</strong>

[*:2z1djlxj]The Judiciary of the Coalition of the South Pacific shall be comprised of two Divisions. These Divisions are the Superior Court of the South Pacific and the District Court of the South Pacific.





[*:2z1djlxj]The Superior Court of the South Pacific has the power to interpret the Charter and Laws and may annul any Law or part thereof that contradicts the Charter and any action of the executive taken in the exercise of its powers that contradicts the Charter or Laws. The Superior Court has the power to adjudicate on the legality of elections. The Superior Court may exercise these powers upon being petitioned by an individual eligible to do so.





[*:2z1djlxj]The Court of Conduct of the South Pacific has the power to determine conviction and sentencing in criminal cases, and resolution and compensation in civil cases. The Court of Conduct may exercise these powers upon being petitioned by an individual eligible to do so.





[*:2z1djlxj]The Election Commission of the South Pacific has the responsibilities of the moderation and administration of the Superior Court.





[*:2z1djlxj]The Minister of Justice has the responsibilities of the moderation and administration of the Court of Conduct.  The Minister of Justice may appoint Associate Justices[/color] for the purpose of aiding in and presiding over cases of the Court of Conduct. These Associate Justices must be approved by a majority vote of the Cabinet.





[*:2z1djlxj]All Citizens may petition the Judiciary and act as or appoint another person(s) to act as the prosecution in their case. All Defendants may defend themselves or appoint another person(s) to act on their behalf.





[*:2z1djlxj]In cases where the Government of the South Pacific must file charges they shall be filed by the Delegate and the Delegate will be responsible for the prosecution of said offense or may appoint someone to be responsible for said prosecution.[/color]





[*:2z1djlxj]The Procedures of the Judiciary shall be written in law by the Assembly of the South Pacific.

[God-Emperor]

I like it.

[Rebel-topia]

:thumb:in section 5 & 7, you have "[/color]" tags... just before its moved to vote And, on that note: Motion to vote

[God-Emperor]

Second.