Charter of the High Court of the South Pacific |
Fellow Justices,
As I have previously mentioned, I have drafted a Charter for the High Court, to establish procedures for cases and ethics for Justices. I apologise for its length (15 articles and 10 pages long, several parts are copied from the Charter/CoL). Click here to view and edit the Charter Here are some of the significant changes: Establishing the High Court as a sovereign branch of the South Pacific Defining the role of the Chief Justices as primus inter pares, or first among equals In criminal cases, duties previously assigned to the Chief Justice, such as determining contempt of court, are now under the aegis of the Chief Presiding Justice, one of among 3 Justices presiding over a case, for purposes of efficiency As from the GC, fraud is no longer an offence and is replaced by electoral fraud. Contempt of court is now an offence Additional penalties that can be given by the Court include disenfranchisement and being barred from running for office Establishment of the Court as being both based on codified law and uncodified precedent Provisions for disclosure of Private Office deliberations and strict protection against divulging and illegal obtaining of such deliberations. Outstanding matters: It may possibly be in contravention of the Bill of Rights to bar someone from office or disenfranchise said person How should I label sections and subsections in the Charter? In particular, the section on Criminal Case Procedures? Should we include provisions for a prosecution arm? Should leaking or illegally obtaining deliberations of the High Court be considered treason? Thoughts and opinions are welcome and appreciated. Thanks. References: Charter Code of Laws Criminal Case Procedure GC Discussion Ethics |
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Charter of the High Court of the South Pacific - by Awe - 02-11-2015, 12:47 AM
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