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+------ Thread: Charter of the High Court of the South Pacific (/thread-1690.html)
RE: Charter of the High Court of the South Pacific - Hopolis - 02-12-2015
Quote:2. Is the 'Section 1' heading missing?
2. I don't see it. Can you tell me where this heading is missing?
That's my fault. I was reading it and missed that Section 1 is below Article VI heading.
RE: Charter of the High Court of the South Pacific - Hopolis - 02-12-2015
Quote:5. Does Chief Presiding Justice warrant it's own Article? I think the would be benefit in clarifying the position and it would allow you to move Article VI(4) into it which feels a better fit than Article VI.
5. I don't quite understand this either.
We don't actually define what a chief presiding justice is from what I can see. As we have an article defining the Chief Justice role, I'm wondering if there is merit in creating an article defining what the chief presiding justice actually means - i.e. what does the role do? how is one created/appointed? etc - much like with the Chief Justice article. I was thinking if someone with limited knowledge of the court and its processes came across the term (which is used quite a lot in the charter) they would be looking for a definition and the charter offered us the opportunity to provide it. For example:
Article VI - Chief Presiding Justice
1. The Court shall appoint one of its own to act as the Chief Presiding Justice for a case.
2. The Chief Presiding Justice will be responsible for keeping order in the court. He has the power to penalize citizens for being in contempt of the court.
etc.
Hope that makes more sense?
RE: Charter of the High Court of the South Pacific - Hopolis - 02-12-2015
Quote:I'd also need to fix the formatting. Having articles and subsections within articles make no sense. Can someone make a suggestion on how to change this?
How about the following:
Quote:CHARTER OF THE HIGH COURT OF THE SOUTH PACIFIC
PART 1 - PREAMBLE
We, the Justices of the High Court of the South Pacific, acting in good faith and in endeavouring to uphold the laws and legal process of the South Pacific, hereby establish this Charter to codify the procedures and conduct of this Court.
PART 2 - ARTICLES
Article I - Fundamental Principles
1. The High Court is a sovereign branch... ETC.
Article VI - Criminal Cases PART 3 - CRIMINAL CASES
Section 1: Article 1 Basic Principles
1. If charges are filed... ETC
Section Article 2: Procedures
Article Section 1: Complaint Procedure and Pre-Trial
Section 1(a): Complaint Procedure
1. Any resident of The... etc
Section 2: (b) Pre-Trial
1. Once the case... etc
Article VII - PART 4 - Criminal Code
etc
Article VIII - PART 5 - Penal Code
etc
And each of the successive articles becomes parts and then continue to break down as in Part 3 (PART > ARTICLE > SECTION).
Hopefully that makes sense? I'm typing this at the end of a looooooooooooong day.
RE: Charter of the High Court of the South Pacific - Awe - 02-13-2015
(02-12-2015, 08:21 PM)Hopolis Wrote:Quote:I'd also need to fix the formatting. Having articles and subsections within articles make no sense. Can someone make a suggestion on how to change this?
How about the following:
Quote:CHARTER OF THE HIGH COURT OF THE SOUTH PACIFIC
PART 1 - PREAMBLE
We, the Justices of the High Court of the South Pacific, acting in good faith and in endeavouring to uphold the laws and legal process of the South Pacific, hereby establish this Charter to codify the procedures and conduct of this Court.
PART 2 - ARTICLES
Article I - Fundamental Principles
1. The High Court is a sovereign branch... ETC.
Article VI - Criminal Cases PART 3 - CRIMINAL CASES
Section 1: Article 1 Basic Principles
1. If charges are filed... ETC
Section Article 2: Procedures
Article Section 1: Complaint Procedure and Pre-Trial
Section 1(a): Complaint Procedure
1. Any resident of The... etc
Section 2: (b) Pre-Trial
1. Once the case... etc
Article VII - PART 4 - Criminal Code
etc
Article VIII - PART 5 - Penal Code
etc
And each of the successive articles becomes parts and then continue to break down as in Part 3 (PART > ARTICLE > SECTION).
Hopefully that makes sense? I'm typing this at the end of a looooooooooooong day.
I organised it into subsections instead, so any reference to the Criminal Case Procedures will be something like Article 6, Section 2.1.1 etc. Also, used Arabic numerals instead to Roman numerals to number articles.
And added the following text to Article 6, Section 1.4
Quote:The Chief Presiding Justice shall be selected from amongst the Presiding Justices and is responsible for keeping order in the court and has the power to penalize citizens for being in contempt of the court.
RE: Charter of the High Court of the South Pacific - Hopolis - 02-14-2015
(02-12-2015, 06:31 PM)Awe Wrote: I just realised, we'd probably need to make this law, before trials can continue. Otherwise, we would not have criminal case procedure
I missed this post earlier but Awe raises an important point in it. I'd certainly like to have these procedures adopted (if we can) before we go to trial for any criminal case.
RE: Charter of the High Court of the South Pacific - Aramanchovia - 02-14-2015
Agreed.
RE: Charter of the High Court of the South Pacific - Awe - 02-14-2015
Added this Clause pertaining to Paroles in Article 6, Section 3.2
Quote:Sentences involving bans more than a year in length shall be subjected to a review by the Parole Board, in accordance with guidelines stipulated in Article 7 of the Code of Laws.
Also, should this High Court Charter supersede their relevant sections in the Coalition Charter and CoL? Just to consolidate everything in one document?
RE: Charter of the High Court of the South Pacific - Aramanchovia - 02-14-2015
(02-14-2015, 10:21 AM)Awe Wrote: Also, should this High Court Charter supersede their relevant sections in the Coalition Charter and CoL? Just to consolidate everything in one document?
I would think that would be the best way to do it personally.
RE: Charter of the High Court of the South Pacific - Awe - 02-14-2015
I propose we table the following Assembly resolution to be passed alongside the Charter
Quote:With regards to the Charter of the High Court of the South Pacific, this Assembly hereby resolves the following:EDIT: I've been informed by one of the admins that we can't do the first clause this because the Charter is the supreme law of the region. That aside, I propose that we cull ducks and enjoy a Peking Duck feast in retaliation for their invasion of High Court secrecy.
- The Charter of the High Court of the South Pacific should supersede any relevant sections and clauses in the Charter of the Coalition of the South Pacific and Code of Laws.
- The provisions stipulated in the Charter of the High Court of the South Pacific does not apply retroactively to past criminal cases and Legal Questions handled by the High Court or its preceding entities, but will apply to cases currently active and future cases handled by the High Court.
Now, the final issue of contention here is really whether or not we should include provisions for a prosecution arm.
Thoughts, anyone?
RE: Charter of the High Court of the South Pacific - Farengeto - 02-14-2015
I never thought it was necessary, the number of criminal cases is almost negligible on the scale of the average term. I still haven't seen the need for a formal branch, back when we only had one justice we had a list of public defenders and such, but even then they were never used. We can restore that volunteer system but I don't see why we need the court to run a prosecution, especially since it'd be used at best every other year.