Proposal: Court of Star Chamber

[Continuator]

1. Be it resolved by the Senate of the Elwynnese Republic that the Court of Star Chamber is re-established with its former powers and universal jurisdiction within the Elwynnese Republic with immediate effect.

[Heath Belledin]

The Princess of Elwynn is asked whether this motion is a Resolution of the Senate, in which case an amendment reflecting the expression of the Senate's will, sentiments, or feelings is necessary, or an Act of the Senate, in which case an amendment to properly format it as a law and imbue it with the necessary substance is necessary.

[Continuator]

Aqa Deputy President,

I take the opportunity then to propose a formal act to revise the judicial apparatus of the Republic:

An Act to Reform the Judiciary of the Elwynnese Republic

Chapter 1: The Courts of Justice

Section 1: Delegation of Judicial Powers
1. The judicial powers of the Elwynnese Republic shall be delegated by the Senate to the subordinate Courts of Justice: the Court of Star Chamber and the Court of Castle Chamber as well as any subsequent Law Courts existing within the aforementioned.

2. The Courts of Justice shall have such powers as are conferred upon the aforesaid courts of law by Law.

Section 2: Commandery Courts and Assize Courts
1. Upon the coming into operation of this Act, there shall stand established within the Court of Star Chamber a number of Commandery Courts and Assize Courts.

2. The number of Commandery Courts shall always correspond with the number of Bailiwicks of the Republic. Likewise shall the number of Assize Courts always correspond with the number of Counties and Circuits of Elwynn.

3. The jurisdiction of the Commandery Courts and the Assize Courts includes such matters as would be tried by the Senate sitting as a Court of Justiciary.

Section 3: Administrative Courts
1. Upon the coming into operation of this Act, there shall stand established within the Court of Castle Chamber a number of Administrative Courts.

2. The number of Administrative Courts shall at all times correspond with the number of Counties of the Republics.

3. The jurisdiction of the Administrative Courts includes such matters as would be tried by the Senate sitting as a Court of Session, or Court of Review, or Court of Admirality.

Section 4: Appeals
1. An appeal shall lie to the competent Assize Court to any judgement, decree, order, ruling or any other decision of a Commandery Court. Likewise may any such judicial decision by an Assize Court be appealed to the Court of Star Chamber.

2. An appeal of any such judicial decision by an Administrative Court shall be made to the Court of Castle Chamber.

3. Any judgement, decree, order, ruling or any other decision of the Court of Star Chamber or the Court of Castle Chamber may be appealed to the Imperial Judex.

Section 5: Statement of Clarification
For greater legal certainty, Commandery Courts, Assize Courts and Administrative Courts shall exist solely for the purposes of the simulation.

Section 6: In the Name of the Republic
Judicial decisions rendered by the Courts of Justice shall be declared publicly in the name of the Republic and enforced in the same name.

Section 7: Sovereign Immunity
The Prince and Steward shall continue to enjoy full and absolute Sovereign Immunity.

Chapter 3: The Court of Castle Chamber

Section 1: Master of the Judicial Rolls and Records of Elwyna
The Court of Castle Chamber shall continue to be headed by the Master of the Judicial Rolls and Records of Elwynn, who shall be the Republic's advocate in the process known as litigation when presenting the case against a respondent to a superior court.

Section 2: Presidents of Court
In addition to the Master of the Judicial Rolls and Records of Elwynn, the Court of Castle Chamber shall also continue to be composed of Presidents of Court.

Section 3: Appointments and Removals
3.The Master of the Judicial Rolls and Records and the Presidents of Court shall be appointed and removed by the Prince in Council. Any of the aforesaid judicial officials shall also cease to hold office upon their death or resignation from their office.

Section 4: Seats of Presidents of Court
Each of the several Presidents of Court in the Court of Castle Chamber - to which, for the purposes of the simulation, both persons and characters may be appointed to - shall correspond with a County of the Republic.

Section 5: Acts of Sederunt
The Court of Castle Chamber may by Statutory Instrument lay down rules and regulations on its procedure as well as those of the Administrative Courts that are not covered by Law.

Chapter 4: The Court of Star Chamber

Section 1: Instructing Justice of Elwynn
The Court of Star Chamber shall continue to be headed by the Instructing Justice of Elwynn.

Section 2: His Serenity's Advocate
1. With regard to the persecution and punishment of the enemies of the Republic, the Instructing Justice of Elwynn shall be His Serenity's Advocate.

2. The Instructing Justice of Elwynn shall also be His Serenity's Advocate in process known as prosecution when presenting the case against a malefactor or offender to a superior court.

Section 3: Magistrates
In addition to the Instructing Justice of Elwynn, the Court of Star Chamber shall also be composed of Magistrates. The Instructing Justice and the Magistrates shall be appointed and removed by the Prince in Council. Any of the aforesaid judicial officials shall also cease to hold office upon the occasion of their death or resignation from office.

Section 4: Seats of Magistrates
Each of the several Magistries in the Court of Star Chamber – to which, for the purposes of the simulation, both persons and characters may be appointed to - shall correspond with a County of the Republic.

Section 5: Powers of the Court of Star Chamber
The Court of Star Chamber shall properly oversee the administration of judicial investigations undertaken in relation to:

• indictable offences under the Law of the Republic;
• persons made subject to summary arrest in accordance with the Law of the Republic;
• violations of the Peace established under the White Elwynn Accords;
• preventative detention in accordance with the Law of the Republic;
• such other matters as would be tried by the Senate sitting as a Court of Justiciary.

Section 6: Additional Powers
Additional powers pertaining to the Court of Star Chamber shall include:

• the right to censure individuals on the occasion of their activities being sufficiently impious as to be contrary to the values of Societal Harmony and the pluralism and liberty that is the common right of all mankind and the best reflection of the Grace of the Divinity of the Lady Elwynn Herself;
• the detention of lunatics and malefactors;
• the furnishing of novel exotics and curiosities for the pleasure of His Serenity the Prince;
• the validation of Summary Arrests and Preventative Detention Orders made under Elwynnese Law.

Section 7: Acts of Adjournal
The Court of Star Chamber may by Act of Adjournal lay down rules and regulations on its procedure as well as of that of the Assize Courts and the Commandery Courts that are not covered by Law.

Chapter 5: Final provisions

Section 1: Citation
This Act may be cited as the Judicial Reform Act of 1662.

Section 2: Superseding

This Act supersedes and complements existing law on the judiciary and the Courts of Law.

Section 3: Enactment
This Act enters force upon receipt of the Assent of the Prince.

[Heath Belledin]

I invite the Senate to debate on the Act to Reform the Judiciary of the Elwynnese Republic. Which debate shall begin at 10:50 pm UTC on Monday, July 16, and continue until 10:50 pm UTC on Friday, July 20.

[Heath Belledin]

As no votes have yet been cast, voting will continue for the time being.

[Continuator]

Aye

[Ryker]

AYE