11-04-2010, 05:45 AM
This is the current Article for Procedure, taken verbatim from the Charter:
Please state your opinion on this article, including any revisions you would like to see. You may also argue over the necessity of said article and any other directions this article should take.
Discussion for this article will end on <strong class='bbc'>Wednesday, November 10th</strong>, or on a later date if the Minister of Region determines the debate to require more time.
Quote:<strong class='bbc'><em class='bbc'>Article 24 ? Procedure</em></strong>
1. Any nation may initiate the process of Judicial Review. To do so, a nation must forward to the Ministry of Justice their complaint specifying the law or agreement they are challenging along with the specific section of the Charter, Law, or Agreement they believe voids the law or agreement which they are challenging.
2. A nation has the right to be assisted by at most one co-counsel for the review process.
3. The Ministry of Justice, having reviewed such complaint, shall ask for a response from the Chair of the Assembly if the complaint is about a law, or the appropriate organization if the complaint is about a regulation of this organization.
4. The Ministry of Justice shall determine if the complaint shall have legal merit. If the ministry determine not, the complaint shall be dropped.
5. It shall be presumed that a complaint shall have legal standing. If the Ministry shall determine not, there must be clear and overwhelming evidence beyond a reasonable doubt that the complaint has no legal standing.
6. If the Ministry of Justice determines that the complaint shall have reasonable standing a constitutional tribunal shall commence.
7. The constitutional tribunal shall always consist of three members: the Minister of Justice, the Delegate and the head admin of the forum on which the Assembly of the South Pacific gathers. If any member of the constitutional tribunal is not available or if there is overlap in the positions, they shall be replaced by their vice.
8. The constitutional tribunal shall be presided over by the Minister of Justice, or the Minister's replacement.
9. After the tribunal is called to order by the presiding officer, it shall have 72 hours to decide on the complaint.
10. If the verdict is granted, the conflicting law shall be declared null and void according to art. 24
11. Decisions of the constitutional tribunal are final and binding, and may not be appealed.
12. A review of the same matter may not be called until at least one year has passed since the publishing of the last verdict.
13. For the sake of fair and just procedure, the challenged law, agreement, or regulation, shall be considered inoperative during the review process..
Please state your opinion on this article, including any revisions you would like to see. You may also argue over the necessity of said article and any other directions this article should take.
Discussion for this article will end on <strong class='bbc'>Wednesday, November 10th</strong>, or on a later date if the Minister of Region determines the debate to require more time.