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Amendment 12

Renegalle

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on: March 06, 2020, 09:21:36 pm
Amendment 12: Court Reform Act

Purpose: To change how the Court functions in such a way so that proceedings happen in a clear, fair, and straightforward manner.

Existing Article, Article E: The House of Representatives

1. The House shall consist of Representatives from each region in the Union, proportional to the total number of World Assembly members in each region.
2. The total number of seats in the House of Representatives shall be decided at the start of every House election. Each region will be able to elect one Representative for every 5 World Assembly nations they have. If a region does not fill all of its seats in an election, the vacant seats will not be considered absent and thus, not subject to Article G of this Constitution.
3. The House shall hold the power to pass and repeal laws.
4. The House may pass or repeal any of its laws with a simple majority vote by its members in favor of the change.
5. The House may override an Executive Order from the Prime Minister with a 2/3 majority vote by its members in favor of the change.
6. The House may remove the following types of government officials for failing to perform their responsibilities, serious misconduct, or in response to majority support among citizens for impeachment.
6.1. The Prime Minister may be removed with a 2/3 majority vote of the House.
6.2. The Prosecutor may be removed with a 2/3 majority vote of the House.
6.3. The Judge may be removed with a 2/3 majority vote of the House.
6.4. Any other government official, with the exception of the Founder, Cabinet Ministers, and House Representatives, may be removed with a simple majority vote of the House.
7. Any member of the House may propose an amendment to this Constitution. Once every member of the House has had the chance to review the Amendment, the Amendment may be seconded and subsequently, sent to vote. If the House votes in favor of it, with a simple majority, it will then be sent to the citizens for a vote, lasting 4 days. If the citizens approve of the amendment with a 2/3 majority, the amendment will be sent to the Founder for approval.
7.1. If the Founder signs the amendment, the Constitution shall be amended and the amendment shall become law. In signing it, the Founder may fix any spelling errors in the passed amendment and that fixed version shall become law.
7.2. If the Founder vetoes it, providing reasoning for their veto, it shall not become law, with no option to override the veto.

New Article, Article E: The House of Representatives

1. The House shall consist of Representatives from each region in the Union, proportional to the total number of World Assembly members in each region.
2. The total number of seats in the House of Representatives shall be decided at the start of every House election. Each region will be able to elect one Representative for every 5 World Assembly nations they have. If a region does not fill all of its seats in an election, the vacant seats will not be considered absent and thus, not subject to Article G of this Constitution.
3. The House shall hold the power to pass and repeal laws.
4. The House may pass or repeal any of its laws with a simple majority vote by its members in favor of the change.
5. The House may override an Executive Order from the Prime Minister with a 2/3 majority vote by its members in favor of the change.
6. The House may remove the following types of government officials for failing to perform their responsibilities, serious misconduct, or in response to majority support among citizens for impeachment.
6.1. The Prime Minister may be removed with a 2/3 majority vote of the House.
6.2. A Justice may be removed with a 2/3 majority vote of the House.
6.3. Any other government official, with the exception of the Founder, Cabinet Ministers, and House Representatives, may be removed with a simple majority vote of the House.
7. Any member of the House may propose an amendment to this Constitution. Once every member of the House has had the chance to review the Amendment, the Amendment may be seconded and subsequently, sent to vote. If the House votes in favor of it, with a simple majority, it will then be sent to the citizens for a vote, lasting 4 days. If the citizens approve of the amendment with a 2/3 majority, the amendment will be sent to the Founder for approval.
7.1. If the Founder signs the amendment, the Constitution shall be amended and the amendment shall become law. In signing it, the Founder may fix any spelling errors in the passed amendment and that fixed version shall become law.
7.2. If the Founder vetoes it, providing reasoning for their veto, it shall not become law, with no option to override the veto.

Existing Article, Article F: The Court

1. The Court shall consist of the Judge and the Prosecutor.
1.1. The Prosecutor shall hold the responsibility deciding if enough evidence has been presented to warrant a trial. Once they have made a decision, a Jury will be selected. The Prosecutor shall have the power to draft charges against a Force Citizen in the event of any misconduct.
1.2. The Judge shall hold the responsibility of handing out a punishment if the defendant is found guilty. The Judge shall also be responsible for deciding whether any laws are illegal and suspending these laws if they are, whilst providing sufficient reason for why they are illegal.
1.2.1 The punishment must be fair and appropriate for the crime committed unless outlined in Article J.
2. A maximum of two Court Cases may be heard at one time, based upon the seriousness of the accusations. A queue will be created if more than two cases is pending.
3. The defendant shall be required to enter a plea of guilty, not guilty, or no contest.
3.1. A plea of guilty will skip the jury trial and move directly to sentencing.
3.2. A plea of not guilty will move forward with a jury trial.
3.3. A plea of no contest means that you do not admit guilt or innocence. The case will move before a judge for sentencing.
4. Each case which a plea of not guilty was entered into the record shall be heard by a jury of 3 citizens selected at random. The following are prohibited from serving on a jury: the defendant, the plaintiff, any citizen currently on trial or that has charges pending, any close personal friends, or any citizen which has served on a jury in the past 3 months.
5. The Prime Minister may issue a pardon to anyone convicted of a crime, provided that the person is not themselves or a close friend of theirs. They may only issue a pardon twice a term.
6. Any citizen convicted of a crime may petition the court for a new trial based on new evidence.
6.1. On appeal, the Founder will appoint a special judge to oversee the trial.
6.2. No jury member who served in the original trial will be allowed to participate in the new trial.

New Article, Article F: The Court

1. The Court shall consist of three justices.

2. At the beginning of each elected term, the Justices shall elect from among themselves a Chief Justice, who shall be responsible for ensuring that all responsibilities of the Court are upheld.

3. Any citizen may bring a case before the Court. The Justices collectively shall hold the responsibility of deciding whether or not to hear the case. They may only deny a case if it accuses the defendant of an action which is not illegal under any law or statute which applies to them in the Union or which has been found legal by precedent of another case that, except for those involved, was identical.

3.1. If a case brought to the Court indicts a justice, that justice must recuse themselves from involvement in all stages of that case. The Founder must appoint a special justice to temporarily fulfill their role for that case.
4. If the case shall be heard, the defendant is required to enter a plea of guilt, innocence, or no contest within a week of the case’s acceptance.
4.1. A plea of guilt will skip a trial and move directly to sentencing.
4.2. A plea of innocence shall move forward with a trial.
4.3. A plea of no contest means that you do not admit guilt or innocence. The case will move before the justices for sentencing.
5. Each case in which a plea of not guilty was entered into the record shall be heard by a jury of 3 citizens selected at random by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, any citizen currently on trial or that has charges pending, any close personal friends, or any citizen who has served on a jury in the past 3 months.
6. A maximum of two court cases may be heard at one time, based upon the seriousness of the accusation(s). A queue shall be created if more than two cases are pending.
7. The Chief Justice shall oversee all trials. Each trial shall consist of three stages: opening statements, witness testimony and/or the presentation of evidence, and closing arguments. The trial must be accessible for viewership by all citizens.
7.1. Opening statements shall consist of statements by both the plaintiff and the defendant presenting their respective arguments and an overview, from their perspectives, of the case at hand.
7.2. Witness testimony shall consist of bringing in outside individuals with firsthand knowledge of the alleged wrongdoing or lack thereof to testify. The presentation of evidence shall consist of the presentation of evidence to justify or refute the case at hand. Both the plaintiff and the defendant may choose to bring people or evidence forth for this stage.
7.3. Closing arguments shall consist of arguments by both the plaintiff and the defendant to reiterate their arguments. This may include refuting the testimony of witnesses or evidence from the previous stage. The defendant shall be entitled to deliver the last closing argument. Once closing arguments have concluded, the case shall move to the jury for deliberation.
8. The Jury shall have 3 days to determine, with a simple majority, whether the defendant is guilty or innocent. If they are considering voting guilty, a jury member must ensure that they have no reasonable doubt about that guilt before voting. Alongside their vote, they must provide fair reasoning for their decision.
9. The Justices collectively shall hold the responsibility of handing out a punishment to a defendant if they are found guilty or plead no contest.
9.1. Unanimous consensus among the justices (not including a recused justice, if there is one) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within 3 days of the guilty verdict. If a unanimous consensus cannot be reached after 3 days, a majority in favor shall suffice.
9.2. The punishment must be fair and appropriate for the crime committed, as outlined in Article J.
10. Any person convicted of a crime may petition the Court for a new trial based on new evidence.
10.1. On appeal, the Founder will appoint a special team of 3 justices to oversee the trial. This special team shall operate under the normal rules for a trial.
10.2. No jury member who served in the original trial shall be allowed to participate in a new trial.
11. The Justices shall hold the authority to judge whether each law passed within the Union is constitutional or not. If not, they must suspend that law, in its entirety, providing a comprehensive legal argument to explain the reasons for its unconstitutionality.
11.1. A simple majority among the justices shall be required to find a law unconstitutional.
12. The Prime Minister may issue a pardon to anyone convicted of a crime, effectively canceling that person’s sentence, provided that the person is not themselves, a close friend of theirs, or an associate in government. They may only issue a pardon once per term.

Existing Article, Article H: Elections

1. Election Procedures
1.1. The election shall begin with candidacy declarations, which shall be open for 3 days.
1.2. Following this, a debate, open to questions by all citizens, shall be held for 3 days.
1.3. The last stage shall be voting, which shall be held for 4 days.
1.4. If an election ends with no candidate achieving a majority, voting shall continue until one does. If that election has only one candidate, a fresh election shall be held.
1.5. All stages of elections for Prime Minister, House of Representatives, and Court shall be started by and overseen by the Speaker of the House of Representatives.
1.5.1. The Speaker shall be responsible for sending a telegram to all citizens of the Union's capital region and is urged to send one to each of its states, notifying them of the start of each election stage. They shall do the same on the Force Discord Server. This, however, is optional.
1.5.2. If the Speaker is not able to perform these duties, the responsibility of doing so shall fall to the Deputy Speaker. If for whatever reason, the Deputy Speaker is unable to fulfill these duties either, the Prosecutor shall be endowed with these responsibilities.
1.6. All elections must begin between (including) the times of 00:00 and 23:59 on the legally defined date.
1.6.1. Following the completion of one stage in an election, the next stage shall begin within 12 hours.
2. Prime Minister Elections
2.1. Elections shall start on the first of January, April, July, and October.
2.2. If there are more than two candidates, voters may rank their preferred candidates. Their favorite candidate shall be ranked 1, their second favorite 2, and so on as far as they wish to do rankings.
2.3. The candidate with the majority of votes shall be elected. Abstentions shall not be considered.
2.3.1. If no candidate achieves a majority, an instant runoff shall be triggered. The second preference of those who voted for a candidate other than the two with the most votes shall be counted and so on until a candidate has a majority of votes.
2.3.2. If all of a voter's preferences have been counted, their ballot shall not be used in further counting.
3. House Elections
3.1. Elections shall start on the first of January, April, July, and October.
3.2. Force and each of its territories with at least 5 World Assembly nations shall hold House Elections.
3.3. Each territory shall elect the candidates with the most votes to the seats available for that territory as indicated in §E.2.
4. Court Elections
4.1. The Prosecutor and the Judge shall be elected.
4.2. Elections shall start on the first of June and December.

New Article, Article H: Elections

1. Election Procedures
1.1. The election shall begin with candidacy declarations, which shall be open for 3 days.
1.2. Following this, a debate, open to questions by all citizens, shall be held for 3 days.
1.3. The last stage shall be voting, which shall be held for 4 days.
1.4. If an election ends with no candidate achieving a majority, voting shall continue until one does. If that election has only one candidate, a fresh election shall be held.
1.5. All stages of elections for Prime Minister, House of Representatives, and Court shall be started by and overseen by the Speaker of the House of Representatives.
1.5.1. The Speaker shall be responsible for sending a telegram to all citizens of the Union's capital region and is urged to send one to each of its states, notifying them of the start of each election stage. They shall do the same on the Force Discord Server. This, however, is optional.
1.5.2. If the Speaker is not able to perform these duties, the responsibility of doing so shall fall to the Deputy Speaker. If for whatever reason, the Deputy Speaker is unable to fulfill these duties either, the Chief Justice shall be endowed with these responsibilities.
1.6. Following the completion of one stage in an election, the next stage shall begin within 12 hours.
2. Prime Minister Elections
2.1. Elections shall start on the first of January, April, July, and October.
2.2. If there are more than two candidates, voters may rank their preferred candidates. Their favorite candidate shall be ranked 1, their second favorite 2, and so on as far as they wish to do rankings.
2.3. The candidate with the majority of votes shall be elected. Abstentions shall not be considered.
2.3.1. If no candidate achieves a majority, an instant runoff shall be triggered. The second preference of those who voted for a candidate other than the two with the most votes shall be counted and so on until a candidate has a majority of votes.
2.3.2. If all of a voter's preferences have been counted, their ballot shall not be used in further counting.
3. House Elections
3.1. Elections shall start on the first of January, April, July, and October.
3.2. Force and each of its territories with at least 5 World Assembly nations shall hold House Elections.
3.3. Each territory shall elect the candidates with the most votes to the seats available for that territory as indicated in §E.2.
4. Court Elections
4.1. The three Justices shall be elected.
4.2. Elections shall start on the first of March, June, September, and December.
« Last Edit: March 14, 2020, 06:44:15 pm by Libertatis Regalis »


Libertatis Regalis

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Reply #1 on: March 14, 2020, 06:44:00 pm
This amendment has passed the House and is now awaiting voting from the region

Voting record
For
Sir Libertatis Regalis
Greatest Elysium
United Nations of Columbia
Sumeka
Loomburg
Qwertyuiopasdfghjklxcvbnm 1234567890-
Against
Lotria
No Vote


Renegalle

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Reply #2 on: March 19, 2020, 09:42:43 pm
I hereby sign this Amendment to the Constitution into law.