Legal System

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Richard Amherst
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Legal System

Post by Richard Amherst »

Gentlemen,

I believe the strength of a nation comes from its laws. As a result, I believe a useful area of development would be with the legal profession, the court system, and the judiciary.

As it stands, we have the following from the Instrument:
PART V. JUDICIAL POWER

1. Judicial Power. The judicial power of the Commonwealth shall be vested in one High Court, and in such inferior courts as Parliament may from time to time ordain and establish.

2. The High Court. The High Court of the Brettish Isles shall be the highest court of law in the Commonwealth for civil, criminal, and constitutional matters arising under the laws of the Commonwealth. The High Court shall also be the court of first instance for all cases in which the Lord Protector, ministers of the Government, the Speaker of Parliament, or the Ambassadors of the Brettish Isles are a party. Subject to the law, the High Court shall determine its own rules of procedure.

3. The Composition of the High Court. The High Court shall be composed of the Lord Chancellor, and no more than four Masters in Chancery, who shall sit and vote together with the Lord Chancellor in all cases before the High Court. The Lord Chancellor and the Masters in Chancery shall be appointed by the Lord Protector, subject to the confirmation of Parliament, and shall serve during good behaviour.

4. Legal Profession. The Lord Chancellor shall be recognized as the head of the legal profession in the Commonwealth. He shall advise the Lord Protector on the grant of charters of incorporation to legal organizations. Subject to the law, no person shall serve as legal counsel in The Brettish Isles unless the Lord Chancellor has recognized him as a qualified barrister. The Lord Protector may, on the Lord Chancellor’s advice, honour extraordinary barristers with the title and distinction of a Sergeant-at-Law.
I propose the following scheme, for the consideration of my fellow members.

- The High Court remains as the highest court of law in all matters. It would be composed of the Lord Chancellor as head, and four Justices (as opposed to Masters in Chancery).
- Below the High Court would be the Circuit Court, which would be a court of first instance. Here, civil and criminal trials would be heard, with one of the justices of the High Court serving as the presiding judge, and ruling on the matter. Rulings by the Circuit Court can then be appealed to the High Court.
- The office of Attorney-General would be created to supervise the execution of laws, advise the government on legal matters, and administer the court system (as well as the police)
- The Attorney-General personally represents the state before the High Court, and appoints Commonwealth Attorneys to represent the state in Circuit Courts (for criminal proceedings, and civil proceedings in which the state is a party)
- The Lord Chancellor remains the head judge, and administers the bar
Hon. Richard Amherst
Member of the Brettish Parliament

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Verion
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Re: Legal System

Post by Verion »

I think the idea of creating an Attorney general is a very good one, I am not sure if lower courts are really necessary, and if they don't make the system too complicated.
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Richard Amherst
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Re: Legal System

Post by Richard Amherst »

That is a fair concern, as I am a fan of keeping things simple and efficient. However, I also look at it a bit like the counties. Will we use them without more citizen? Possibly not. But, it would help to have a structure to fill out the simulation, not to mention a court system which is much more developed than some micronations.
Hon. Richard Amherst
Member of the Brettish Parliament

Ri Mhor
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Re: Legal System

Post by Ri Mhor »

As Lord Chancellor, I hath no comment on the establishment of an Attorney General other than to say that Yffe His Excellency the Lord Protector wanteth an attorney to represent his government, that doth be fine as far as I doth be concerned.

As for an expansione of the structure of our judiciary, our current caseload doth not necessitate it. I do not support having circuit courts, etc. However I recognize that Lord Richard Amherst doth have a special interest in law and legal systems, so I would supporteth his being named a Master of Chancery of the High Court. Moreover if he be named a Master of Chancery, I would delegate certain cases to him to handle if that doth be something he wanteth to do. Lord Eastward-Hart might be someone else I would supporteth to be named a Master of Chancery because of a similar interest in legal matters. Noteth that both these individuals I hath already made registered barristers in The Brettish Isles, having recognized their potential already long ago.

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Richard Amherst
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Re: Legal System

Post by Richard Amherst »

I would be willing to compromise by not expanding the High Court at the present time. However, I would at least advocate changing the name of the members of the court to that of justices rather than Masters in Chancery as that has the connotations of courts of equity and property, whereas the High Court (at the present time) has to deal with all manner of legal issues.

The main point would be the creation of the office of Attorney-General. Not merely for advocacy in the courts, but also to create bodies of law and for internal security purposes. Also, I'd personally be more interested in that office than as a member of the High Court.
Hon. Richard Amherst
Member of the Brettish Parliament

Ri Mhor
Sea Elf, Sea Elf Run
Posts: 237
Joined: Thu Nov 21, 2013 6:09 pm

Re: Legal System

Post by Ri Mhor »

To renameth formally "Master of Chancery" to "Justice" would requireth a Constitutional Amendment. I thinketh I would voteth for such an Amendment. The office of Attorney General can be created by regular Act. And I would voteth, I thinketh, for such an Act. Lord Amherst can haveth the honors of drafting the respective requisite Amendment and Act.

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Verion
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Re: Legal System

Post by Verion »

This name change is something that can be done in a larger constitutional revision, something that is very likely to happen in the near future at any rate.
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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