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Charter of the High Court of the South Pacific
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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






Messages In This Thread
Charter of the High Court of the South Pacific - by Awe - 02-11-2015, 12:47 AM



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