Judiciary Discussion

[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.