Judicial Reform

[Gandallfia]

Just one or two things before progressing:

1.

Article 6.7
The Department of Justice will promptly examine the final draft of a bill for consistency with the Charter and address any concerns as soon as possible.

-Should this be changed to the Superior Court?

2. Does something about appeals against the MoJ's decision not to progress to trial need to be reflected in the Charter still (I'm guessing the appeal would be to the Delegate still)

How does this sound for a working document?

Article 16 - Responsibilities and authority of the Ministry of Justice


1. The Ministry of Justice shall be responsible for impartially and thoroughly ensuring that Member States follow the rule of law as laid out in the Charter and Laws of TSP.

2. The Ministry of Justice shall be the place where allegations of violations of the laws and Charter of the TSP are lodged except under circumstances as laid out in the laws and Charter of TSP.

3. (a) In the event that the Minister of Justice is accused of violations of the Laws and Charter of TSP, or registers a conflict of interests or acknowledges an inability to be impartial in a specific case, the Minister of Justice shall inform the Delegate of TSP who shall assume the role and functions of the Minister of Justice in respect of bringing forwards a trial and acting as prosecution for the duration of the trial acting as Loco-Justice.
(b.) In the event that the Delegate cannot proceed due to conflict of interest or inability to be impartial then the MoJ and Delegate shall inform the Superior Court who shall then approach Members of the Cabinet until a suitable Loco-Justice may be found.

4. It is the duty of the Ministry of Justice to inform the Superior Court and the accused Nation of allegations made and to indicate whether the Ministry of Justice will seek a trail as a result of the allegation(s).

5. In any trial brought against another Member State by the Ministry of Justice, the Minister of Justice shall act as the Chief Prosecutor except in circumstances as laid out by the Charter and Laws of TSP.

6. The Minister of Justice may act as Defence Counsel in trials where a Member of the Cabinet is being tried by another Member State.

7. 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.

8. The Ministry shall be responsible for the maintenance of the Code of Laws (archiving, interpreting, etc.) on all recognised TSP affiliated sites.

9. The Ministry is responsible for following through with Judicial Review when necessary.

[Hileville]

Overall it looks pretty good. Some small wording changes and I think it would be just fine to use. I think we should drop 8 and 9 though as they should be under the Superior Court.The section that you are quoting I believe is in an old version of the Charter. I will have to think about the second point a little more before I can comment.

[Gandallfia]

The section that you are quoting I believe is in an old version of the Charter.

Alas no surprise, I picked one draft and ran with it, and then promptly found the right version after I had posted so I thought I might as well leave it.

As to point 9 on the draft I was wondering - it seems logical for an independent Judiciary to take care of its self, but I can't think of any precedent (in real world politics) where this is actually the policy that the Judicial reform is not done by the Executive/Legislative. I stand to be proven wrong, my political knowledge does not extend beyond the British and European...

[Hileville]

Judicial Review if when the court reviews executive/legislative action not the other way around.

[Gandallfia]

kk - all cleared up then! As they say 'singing from the same hymn sheet' :hula: :hammer:

[Gandallfia]

Rather than getting rid of 9 altogether, since we are moving 8 it will become 8 and be 'Judicial Reform'???