[Amendment] Restoration of Judicial Powers to the Emperor

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Christo Eucalyptos
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[Amendment] Restoration of Judicial Powers to the Emperor

Post by Christo Eucalyptos »

A BILL to AMEND the CAPRINE CODE of the
BOVIC EMPIRE of the NATOPIAN NATION
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An Act to Restore the Judicial Powers of the Emperor


The following amendments to the Caprine Code are made
Section Twenty-Four - Supreme Court of the Land

1. The judicial powers of Natopia are vested in the Supreme Court of the Natopian Nation (the Supreme Court) and in such inferior courts that are established by Frenzy or demesnial law.
2. The Supreme Court comprises the Emperor, a Chief Justice and at least two one Associate Justices (the Members).
2.1. The Members of the Supreme Court are appointed for life;
2.2. Candidates are proposed by the Emperor and confirmed by the Frenzy;
2.3. An appointee becomes a Member after swearing an Oath;
2.3.1. The wording of the Oath shall be determined from time-to-time by the Emperor.
3. Membership of the Supreme Court shall only cease on occasion of one of the following:
3.1. a written resignation delivered to the Emperor;
3.2. the death of a Member;
3.3. a vote of the Frenzy that receives a majority of two thirds and a confirmation by the Emperor.
4. The jurisdiction of the Supreme Court is limitless provided that at least one Party to a case is associated with the Empire.
5. A decision made by the Supreme Court:
5.1. is taken with a simple majority of the Members of the Supreme Court;
5.2. is final and cannot be challenged or overruled unless so decided by the Supreme Court itself;
5.3. takes immediate effect and requires immediate implementation, unless otherwise specified.
6. The Supreme Court defines its own procedures and practices.
6.1 If a Member is named as respondent in a case before the Supreme Court, then that Member will recuse themselves from deliberations.
7. This section is considered constitutional and integral to the basic function of the Imperial Government.
7.1 No part of this section may be amended, changed, deleted, added to, or altered in anyway except by a Bill receiving 3/4 majority vote in the Frenzy.
7.2 No part of this section may be suspended or circumvented.
The position of Emperor has acted as our chief judge in the past and I believe adding him as a permanent member will restore some purpose to the Emperor's duties. By keeping the Chief Justice and existing structure we do not get rid of the impressive judicial reforms of Chief Justice Angus.
Christophos Eucalyptos
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Li Naomiai
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Li Naomiai »

My Lord Speaker

I do appreciate the move here, but I am concerned with the dynamics of power in the proposed revised court.

I would prefer that the Supreme Court be dismantled, and replaced by an Imperial Court of Justice, consisting of the Emperor as its chair, with one chief legal advisor and at least one assistant legal advisor, and that any decision in the ICJ requires the concurrency of a majority of its members.

I also believe that tenure on the court should be restricted to 12 Norton years, whereafter it can be renewed by the Frenzy on the recommendation of the Emperor or the Chief Legal Advisor.
Li Naomiai Avon-El
Ayreon-Kalirion ibn al-Majeed al-Osman bin Sathrati of Waffel-Paine

Princess of Klaasiya, Duchess of Hoffenheim, Marchioness of Sentratera

Regent of the Imperial Republic and Imperial Minister for the Exterior (Shireroth)
Secretary of Legal Affairs in the Court of Noble Fountain (Natopia)

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Christo Eucalyptos
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Christo Eucalyptos »

Lord Speaker,

I would be amenable to such a reconfiguration, it would fit better into the current Imperial Court which has courts for foreign and military affairs headed directly by the Emperor with secretaries below him.
A BILL to AMEND the CAPRINE CODE of the
BOVIC EMPIRE of the NATOPIAN NATION
Image

An Act to Restore the Judicial Powers of the Emperor


The following amendments to the Caprine Code are made
Section Twenty-Four - The Court of the Noble Fountain

1. The judicial powers of Natopia are vested in the Supreme Court of the Natopian Nation (the Supreme Court) The Court of the Noble Fountain and in such inferior courts that are established by Frenzy or demesnial law.
2. The Supreme Court comprises is chaired by the Emperor, and is composed of the a Chief Justice Secretary for Legal Advice and at least two one Associate Justices Legal Adviser(s).(the Members).
2.1. The Secretary and Legal Adviser(s) Members of the Supreme Court are appointed for twelve (12) year terms life;
2.2. Candidates are proposed by the Emperor and confirmed by the Frenzy;
2.2.1. After the Secretary's term has expired, the Emperor may recommend the Secretary's term to be reconfirmed to another 12 years by the Frenzy; the Secretary may recommend the Legal Adviser(s)'s term to be reconfirmed for another 12 years by the Frenzy.
2.3. An appointee becomes a Member takes office after swearing an Oath;
2.3.1. The wording of the Oath shall be determined from time-to-time by the Emperor.
3. Membership of the Supreme Court shall only cease on occasion of one of the following:
3.1. a written resignation delivered to the Emperor;
3.2. the death of a Member;
3.3. a vote of the Frenzy to remove the Secretary and/or Legal Adviser(s) that receives a majority of two thirds and a confirmation by the Emperor.
4. The jurisdiction of the Supreme Court is limitless provided that at least one Party to a case is associated with the Empire.
5. A decision made by theSupremeCourt:
5.1. is taken with a simple majority of the Membersof Emperor, Secretary, and Legal Adviser(s)the Supreme Court;
5.2. is final and cannot be challenged or overruled unless so decided by the Supreme Court itself;
5.3. takes immediate effect and requires immediate implementation, unless otherwise specified.
6. The Supreme Court defines its own procedures and practices.
6.1 If the Secretary and/or Legal Adviser(s) is named as respondent in a case before the Court, then they will recuse themselves from deliberations.
7. This section is considered constitutional and integral to the basic function of the Imperial Government.
7.1 No part of this section may be amended, changed, deleted, added to, or altered in anyway except by a Bill receiving 3/4 majority vote in the Frenzy.
7.2 No part of this section may be suspended or circumvented.
Christophos Eucalyptos
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Li Naomiai
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Li Naomiai »

Lord Speaker

I a, grateful to the Sororiyan representative, whose bill is one with which I agree to the fullest of extents.

I move to vote.
Li Naomiai Avon-El
Ayreon-Kalirion ibn al-Majeed al-Osman bin Sathrati of Waffel-Paine

Princess of Klaasiya, Duchess of Hoffenheim, Marchioness of Sentratera

Regent of the Imperial Republic and Imperial Minister for the Exterior (Shireroth)
Secretary of Legal Affairs in the Court of Noble Fountain (Natopia)

House Meir
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by House Meir »

Lord Speaker,

I second the motion and vote Aye.
HOUSE MEIR OF NATOPIA
Thalassa, Natopia
(until Feb. 3, 2019) Chancellor Benjamin Meir, Count of Frenzyville
(after Feb. 3, 2019) Maria Meir, Countess of Frenzyville

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Christo Eucalyptos
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Christo Eucalyptos »

Aye
Christophos Eucalyptos
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Li Naomiai
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Li Naomiai »

aye
Li Naomiai Avon-El
Ayreon-Kalirion ibn al-Majeed al-Osman bin Sathrati of Waffel-Paine

Princess of Klaasiya, Duchess of Hoffenheim, Marchioness of Sentratera

Regent of the Imperial Republic and Imperial Minister for the Exterior (Shireroth)
Secretary of Legal Affairs in the Court of Noble Fountain (Natopia)

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Rei Milharna
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Rei Milharna »

Abstain
Her Majesty Queen Áþamé Issèla Mari Vāstra of Firneramnen, Queen of Aňira, Archduchess of Alðai, Grand Duchess of Vatēmar, Princess of Shireroth, Lady of Kin'uyama and of Senkyōwan, Landgravine of the Vessāra Forest, Castellaness of the Bloodless Palace, Maid of Angarae, Grand Mistress of the Order of Itrāei, Lady of the Night Sky

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Sprocket
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Sprocket »

This bill has received the requisite 3/4 majority for adoption with 3 votes in favour, none against. The bill is therefore adopted and sent to His Majesty for his assent.
Tinker Sprocket
Count of Norrström (Natopia)
Count of Machinaria, Viscount Sprocket of Machinaria (Shireroth)
Speaker of the Frenzy
Prætor of the Landsraad


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Sprocket
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Re: [Amendment] Restoration of Judicial Powers to the Empero

Post by Sprocket »

Assent was granted and the Caprine code has been amended
Tinker Sprocket
Count of Norrström (Natopia)
Count of Machinaria, Viscount Sprocket of Machinaria (Shireroth)
Speaker of the Frenzy
Prætor of the Landsraad


Nathan and/or Ric

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