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Voting Rights:
(I) In order to be eligible to vote in an election or public referendum, any Citizen must meet the following requirements;
(A) Have a join date of longer than 14 days ago.
(B) Have a minimum of 6 hours of playtime in the past 30 days prior to the start of the election.
(C) Have their Minecraft account linked to the BusinessCraft forums.
The process of Constitutional Amendments will follow a more complex process as follows:
(A) Proposals for amendments will be made on Discord under #bills
(B) 48 hours after the proposal, the amendment will be voted on by the Ministers.
(C) Voting will close after 24 hours have passed.
(D) In order for an amendment to pass, it must have the majority support of sitting Ministers
(E) Once passed, the amendment will be put to the publics' vote on the Public Referendum forum category for 24 hours by the Minister of State, where the majority decision will prevail, and in case of an affirmative vote at least 20 votes in favor of the Constitutional amendment will be required
Act found below:
The Stratham Judicial Composition Amendment .
A
Bill
To
Clarify Judicial rank on the bench and to ensure clear hierarchy of each member of the Judiciary.
The Council of Ministers enacts:
Section 1. Short Title
(1) This Act is the SJC Amendment
Section 2. Commencement
(1) All provisions shall come into effect upon passage of this bill.
Section 3. Reasoning
(1) Ensure judicial hierarchy and accountability and have trust in knowledgeable legal persons leading the court.
Section 4. Constitutional Amendment 1
(1) Remove Section 2
(2) Create Section 2 | The Court
(3) Create Section 2, Subsection 1 | Composition of the Court
(I) The Judicial Power shall be vested in a Supreme Court, District Court, Circuit Court.
(4) Create Section 2, Subsection II | Powers of the Court
(I) The Judicial Branch interprets laws passed by the Council, and may determine the meaning of laws through case verdicts. Those verdicts are then followed as precedent in future cases, and can be codified into law by the Council. This is known as common law.
(II)Judges of the Supreme Court shall be known as Justices and it shall be composed of 3 Justices including a Chief Justice.
(A) The Chief Justice is the Chair of the Judiciary and Chief Administrative Officer.
(B) The Supreme Court shall have the power to hear all constitutional challenges and appeals from lower courts.
(C) The Supreme Court shall have the sole power of hearing all cases in which a High Government Official is to be removed.
(D) Members of the Supreme Court retain the power to exercise the power of lower courts and the Judges within.
(E) All rulings of the Supreme Court must be made with a majority decision by the Justices, if a majority is unable to be reached, the Chief Justice’s decision shall prevail.
(F) The Supreme Court shall have the power to decide where a case is heard in which it does not fall under any specific category.
(G) The Supreme Court shall have the sole power to overrule any decision made by a lower court without an appeal in which the court can unanimously agree that an error of judgment was made.
(H) The Supreme Court shall have the power of Judicial review to overturn any decision made by an office of government in which it violates the constitution. The use of Judicial Review requires a unanimous decision by the Supreme Court.
(I) If a Justice take upon a case from a lower court, it can be appealed in the Supreme Court but the presiding Justice must recuse himself from the appeal case.
(J) The Supreme Court may allow for a constitutional case to be heard by the Circuit Court, in which the Circuit Court will be granted the authority of Judicial review.
(K) The Supreme Court shall have the power to issue orders compelling a holder of an office to perform their duty as well as injunctions.
(III) The Circuit Court shall be composed of 3 Judges.
(A) The most Senior Judge as determined by the length of their tenure shall be the chair of the Circuit Court and speak for the Court.
(B) The Circuit Court has the power to hear appeals from the District Court, civil cases and criminal cases in which the value of damages is in excess of 5,000kr. In special circumstances
(C) Members of the Circuit Court shall have the power to exercise the power of lower courts and the Judges within.
(D) The Circuit Court shall have the power to declare a mistrial in an appeal, in the case a mistrial is declared, the case shall be heard again in its original court with a different judge presiding.
(E) In the case a Judge from the Circuit Court acted as a Judge for a case in the District Court, they must recuse themselves from any appeal case in the future relating to it.
(F) The Circuit court shall have the power to issue injunctions.
(IV) The District Court shall be composed of 3 Judges known as Magistrates.
(A) Magistrates have the power to make rulings on disputes within civil cases, and criminal cases in which the value of damages is under 5,000kr.
(B) Shall have the power to issue warrants to the Department of Justice.
(5) Create Section 2, Subsection III, | Process of electing Judges
(I) No one may serve as a Member of the Judiciary unless the following requirements are met:
(A) Having a minimum of 18 hours of playtime in the 30 days preceding the start of the Magistrate selection cycle [ as seen in /bcseen ]
(B) Holding a total of at least 7 days of playtime
(C) Cannot be a Minister or Deputy Minister
(D) Must have done at least 3 cases in any court under the laws of the Republic of Stratham.
(II) The election of Magistrates shall:
(A) Take place upon a vacancy in the District Court of the Republic of Stratham.
(B) Take place among the Membership of the Stratham Bar Association
(C) The Chairman of the Bar Association will start the nomination process which lasts for 48 hours, and where every Member of the Bar Association may put themselves forward
(D) The Board will then select the top 3 nominees within 48 hours from within the nomination pool, by conducting optional hearings and discussions. (In the case there are 3 or less nominees the board will not select the nominees but hearings and discussion may still take place in order to have a better idea of the candidates.)
(E) Members of the Bar Association will then select the top candidate out of the 3 offered candidates through a poll lasting 24 hours,
(III) In the case of the Circuit Court and the Supreme Court, Judges and Justices must be appointed by the Chairman of the Council of Ministers and confirmed by the Council of Ministers. The Chief Justice of the Supreme Court shall be appointed by the Chairman of the Council of Ministers with majority consent from the Council and on the recommendation of the Chairman of the Stratham Bar Association.
(IV) Oversight of Magistrates
(A) Magistrates are subject to retaining confidence from the rest of the Bar Association.
(B) Any member of the Bar may initiate a Vote of No Confidence against a Magistrate and elaborate as to why they're starting it;
(C) If the thread becomes support from at least 5 other members within the first 48 hours, the Vote of No Confidence will continue to status 2;
(D) If it reaches this status, the Judge will be forced to respond within 48 hours addressing all mentioned concerns from the original initiator of the Vote;
(E) 24 hours after the response of the Judge (or in case of no-response, 24 hours after the response deadline), the Board of the Association will discuss the case and within 24 hours decide if they are recommending removal or not;
(F) If the recommendation is in favor of removal, the case will go to the membership of the Stratham Bar Association for voting and in case it's in favor the Judge will be immediately re-called and removed from Office.
(G) If the recommendation is against removal or the Stratham Bar Association does not approve the removal, the Judge will be immune from having another procedure started against them for the next 4 weeks.
(V) Oversight of Judges and Justices
(A) Judges and Justices are subject to retaining confidence from the people.
(B) Any citizen may initiate a public referendum against a Judge or Justice in the Public Referendum category on the forums.
(C) If the thread becomes support from at least 5 other players within the first 24 hours, the Public Referendum will continue to the second stage;
(D) In the second stage, the Judge or Justice will be forced to respond to the thread within 48 hours addressing all mentioned concerns from the original initiator of the Vote;
(E) 24 hours after the response of the Judge or Justice(or in case of no-response, 24 hours after the response deadline), the Minister of State will create a poll on the thread with the majority vote prevailing, in case the removal of the Judge or Justice option prevails, at least 20 valid votes need to be counted for the decision to stand;
(F) If the Vote is successful, the Judge or Justice will be immediately re-called and removed from Office.
(G) If the Vote is unsuccessful, the Judge or Justice will be immune from having another procedure started against them for the next 4 weeks.
Authored by Ryan_88 and Poemhunter, on behalf of legal sanity.
(I) In order to be eligible to vote in an election or public referendum, any Citizen must meet the following requirements;
(A) Have a join date of longer than 14 days ago.
(B) Have a minimum of 6 hours of playtime in the past 30 days prior to the start of the election.
(C) Have their Minecraft account linked to the BusinessCraft forums.
The process of Constitutional Amendments will follow a more complex process as follows:
(A) Proposals for amendments will be made on Discord under #bills
(B) 48 hours after the proposal, the amendment will be voted on by the Ministers.
(C) Voting will close after 24 hours have passed.
(D) In order for an amendment to pass, it must have the majority support of sitting Ministers
(E) Once passed, the amendment will be put to the publics' vote on the Public Referendum forum category for 24 hours by the Minister of State, where the majority decision will prevail, and in case of an affirmative vote at least 20 votes in favor of the Constitutional amendment will be required
Act found below:
The Stratham Judicial Composition Amendment .
A
Bill
To
Clarify Judicial rank on the bench and to ensure clear hierarchy of each member of the Judiciary.
The Council of Ministers enacts:
Section 1. Short Title
(1) This Act is the SJC Amendment
Section 2. Commencement
(1) All provisions shall come into effect upon passage of this bill.
Section 3. Reasoning
(1) Ensure judicial hierarchy and accountability and have trust in knowledgeable legal persons leading the court.
Section 4. Constitutional Amendment 1
(1) Remove Section 2
(2) Create Section 2 | The Court
(3) Create Section 2, Subsection 1 | Composition of the Court
(I) The Judicial Power shall be vested in a Supreme Court, District Court, Circuit Court.
(4) Create Section 2, Subsection II | Powers of the Court
(I) The Judicial Branch interprets laws passed by the Council, and may determine the meaning of laws through case verdicts. Those verdicts are then followed as precedent in future cases, and can be codified into law by the Council. This is known as common law.
(II)Judges of the Supreme Court shall be known as Justices and it shall be composed of 3 Justices including a Chief Justice.
(A) The Chief Justice is the Chair of the Judiciary and Chief Administrative Officer.
(B) The Supreme Court shall have the power to hear all constitutional challenges and appeals from lower courts.
(C) The Supreme Court shall have the sole power of hearing all cases in which a High Government Official is to be removed.
(D) Members of the Supreme Court retain the power to exercise the power of lower courts and the Judges within.
(E) All rulings of the Supreme Court must be made with a majority decision by the Justices, if a majority is unable to be reached, the Chief Justice’s decision shall prevail.
(F) The Supreme Court shall have the power to decide where a case is heard in which it does not fall under any specific category.
(G) The Supreme Court shall have the sole power to overrule any decision made by a lower court without an appeal in which the court can unanimously agree that an error of judgment was made.
(H) The Supreme Court shall have the power of Judicial review to overturn any decision made by an office of government in which it violates the constitution. The use of Judicial Review requires a unanimous decision by the Supreme Court.
(I) If a Justice take upon a case from a lower court, it can be appealed in the Supreme Court but the presiding Justice must recuse himself from the appeal case.
(J) The Supreme Court may allow for a constitutional case to be heard by the Circuit Court, in which the Circuit Court will be granted the authority of Judicial review.
(K) The Supreme Court shall have the power to issue orders compelling a holder of an office to perform their duty as well as injunctions.
(III) The Circuit Court shall be composed of 3 Judges.
(A) The most Senior Judge as determined by the length of their tenure shall be the chair of the Circuit Court and speak for the Court.
(B) The Circuit Court has the power to hear appeals from the District Court, civil cases and criminal cases in which the value of damages is in excess of 5,000kr. In special circumstances
(C) Members of the Circuit Court shall have the power to exercise the power of lower courts and the Judges within.
(D) The Circuit Court shall have the power to declare a mistrial in an appeal, in the case a mistrial is declared, the case shall be heard again in its original court with a different judge presiding.
(E) In the case a Judge from the Circuit Court acted as a Judge for a case in the District Court, they must recuse themselves from any appeal case in the future relating to it.
(F) The Circuit court shall have the power to issue injunctions.
(IV) The District Court shall be composed of 3 Judges known as Magistrates.
(A) Magistrates have the power to make rulings on disputes within civil cases, and criminal cases in which the value of damages is under 5,000kr.
(B) Shall have the power to issue warrants to the Department of Justice.
(5) Create Section 2, Subsection III, | Process of electing Judges
(I) No one may serve as a Member of the Judiciary unless the following requirements are met:
(A) Having a minimum of 18 hours of playtime in the 30 days preceding the start of the Magistrate selection cycle [ as seen in /bcseen ]
(B) Holding a total of at least 7 days of playtime
(C) Cannot be a Minister or Deputy Minister
(D) Must have done at least 3 cases in any court under the laws of the Republic of Stratham.
(II) The election of Magistrates shall:
(A) Take place upon a vacancy in the District Court of the Republic of Stratham.
(B) Take place among the Membership of the Stratham Bar Association
(C) The Chairman of the Bar Association will start the nomination process which lasts for 48 hours, and where every Member of the Bar Association may put themselves forward
(D) The Board will then select the top 3 nominees within 48 hours from within the nomination pool, by conducting optional hearings and discussions. (In the case there are 3 or less nominees the board will not select the nominees but hearings and discussion may still take place in order to have a better idea of the candidates.)
(E) Members of the Bar Association will then select the top candidate out of the 3 offered candidates through a poll lasting 24 hours,
- If there's a tie between two or more candidates, a second election will be held with the person with the least amount of votes (if applicable) excluded from the poll to determine which of the two or more candidates will be elected to the Judicial seat, lasting 24 hours.
(III) In the case of the Circuit Court and the Supreme Court, Judges and Justices must be appointed by the Chairman of the Council of Ministers and confirmed by the Council of Ministers. The Chief Justice of the Supreme Court shall be appointed by the Chairman of the Council of Ministers with majority consent from the Council and on the recommendation of the Chairman of the Stratham Bar Association.
(IV) Oversight of Magistrates
(A) Magistrates are subject to retaining confidence from the rest of the Bar Association.
(B) Any member of the Bar may initiate a Vote of No Confidence against a Magistrate and elaborate as to why they're starting it;
(C) If the thread becomes support from at least 5 other members within the first 48 hours, the Vote of No Confidence will continue to status 2;
(D) If it reaches this status, the Judge will be forced to respond within 48 hours addressing all mentioned concerns from the original initiator of the Vote;
(E) 24 hours after the response of the Judge (or in case of no-response, 24 hours after the response deadline), the Board of the Association will discuss the case and within 24 hours decide if they are recommending removal or not;
(F) If the recommendation is in favor of removal, the case will go to the membership of the Stratham Bar Association for voting and in case it's in favor the Judge will be immediately re-called and removed from Office.
(G) If the recommendation is against removal or the Stratham Bar Association does not approve the removal, the Judge will be immune from having another procedure started against them for the next 4 weeks.
(V) Oversight of Judges and Justices
(A) Judges and Justices are subject to retaining confidence from the people.
(B) Any citizen may initiate a public referendum against a Judge or Justice in the Public Referendum category on the forums.
(C) If the thread becomes support from at least 5 other players within the first 24 hours, the Public Referendum will continue to the second stage;
(D) In the second stage, the Judge or Justice will be forced to respond to the thread within 48 hours addressing all mentioned concerns from the original initiator of the Vote;
(E) 24 hours after the response of the Judge or Justice(or in case of no-response, 24 hours after the response deadline), the Minister of State will create a poll on the thread with the majority vote prevailing, in case the removal of the Judge or Justice option prevails, at least 20 valid votes need to be counted for the decision to stand;
(F) If the Vote is successful, the Judge or Justice will be immediately re-called and removed from Office.
(G) If the Vote is unsuccessful, the Judge or Justice will be immune from having another procedure started against them for the next 4 weeks.
Authored by Ryan_88 and Poemhunter, on behalf of legal sanity.