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[REPEALED] Judiciary Act
#1

Judiciary Act

1. Appointment of the Permanent Justice.

Cabinet Appointment

(1) The Cabinet is responsible for appointing a well-qualified person to serve as Permanent Justice of the High Court, who has met the requirements for legislator status.
(2) When choosing a person to serve, the Cabinet must take into account the trustworthiness, fairness, professionalism, and expertise of their nominee.
(3) A majority of the Cabinet must support the nominee.

Assembly Disapproval

(4) The Cabinet must submit their nominee to the Assembly, where a three-day debate will commence immediately following the nomination.
(5) The Assembly may reject the nominee by passing a disapproval vote with at least three-fourths support of those voting, which must be up for vote for five days.
(6) The nomination will be considered accepted upon the conclusion of the debate period, if a disapproval vote is not initiated, or upon the failure of a disapproval vote.

Start of Term

(7) The term for the Permanent Justice will begin following the acceptance of their nomination by the Assembly.

2. Legislator Status Requirement

(1) In order to serve on the High Court, a person must maintain legislator status in the Assembly of the Coalition of The South Pacific.

3. Separation of Powers

Assembly and Political Participation

(1) The Permanent Justice, and members of the Pool of Justices, may exercise their political rights freely.
(2) When participating in the Assembly or political organizations, Justices should take care to not act in a way that calls into question the integrity and legitimacy of the High Court.

Executive Firewall

(3) No person may sit on the High Court while serving as a Minister, Deputy Minister, or other executive appointment.
(4) For the purposes of this section, serving as an officer in the military does not count as serving in an executive capacity, as long as their officer status does not grant them access to privileged Cabinet areas.
(5) Membership in the Council on Regional Security does not count as serving in an executive capacity. However, a CRS-member Justice must recuse themselves in cases where the CRS is a party.

4. Pool of Justices

(1) The Permanent Justice and the Cabinet shall come together to create a list of at least four well-qualified people to serve as temporary and appellate Justices, who meet the requirements for legislator status.
(2) When selecting from the Pool of Justices, selections shall be made according to the date entrants were added.
(3) Persons in the Pool of Justices must meet all qualifications to sit as Justice when selected, but do not have to be removed automatically from the Pool upon not meeting those qualifications.
(4) The Pool of Justices must be posted publicly.
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This law was repealed by the Assembly on March 15th 2018 (debate thread voting thread).




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