Law Commission and Library Act

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Law Commission and Library Act
Considered by Open Parliament
Legislative history
Introduced on 1 December 2017
Introduced by Anaaxes
Required majority Simple majority
Status: Pending

Article 1. The Library of the Parliament of the Social Liberal Union[edit]

Section 1. Location[edit]

The Library of Parliament is a website located at parliament.slugov.com.

Section 2. Function[edit]

The Library of Parliament shall serve as the official library of the Open Parliament of the Social Liberal Union. It's general mission is to create, locate, curate, preserve, and maintain regional legislation, historical records, and other records of public importance or relevance.

Section 3. Software[edit]

The Library of Parliament shall be a wiki-type website, utilizing the MediaWiki open source software.

Section 4. Copyright[edit]

Records on the Library of Parliament shall be in the public domain, to the fullest extent possible. Users shall be warned of this via a message on the website footer and on each editing page.

Article 2. Management of the Library of Parliament[edit]

Section 1. Chief Administrative Officer[edit]

The Chief Administrative Officer of the Library of Parliament is the Speaker of the Union, and shall be assigned "administrator" level user rights. The Speaker shall have access to edit all pages in the Library of Parliament necessary to fulfill their constitutional and statutory duties and obligations.

Section 2. Chief Technical Officer[edit]

The Chief Technical Officer of the Library of Parliament is the State which provides web hosting for the Library of Parliament. The Chief Technical Officer shall be assigned "bureaucrat" level user rights, and may exercise such powers to keep the website orderly and functioning, but shall not edit Statutory Records without the permission of the Speaker or the Law Commission.

Section 3. Librarians of Parliament[edit]

The Speaker of the Union may appoint assistants to help manage the Library of Parliament, known as Librarians of Parliament.

Clause 1. Librarians may be assigned "administrator" level user rights or another subordinate level by the Speaker or Chief Technical Officer.
Clause 2. Librarians shall serve at the pleasure of the Speaker, and may edit all pages in the main namespace, but shall not edit Statutory Records without the permission of the Speaker.
Clause 3. Librarians must be Member States that have resided in the region for at least one month, and must not have ever been convicted of any public offense against the Social Liberal Union.

Article 3. Records on the Library of Parliament[edit]

Section 1. Statutory Records[edit]

The following types of records must be maintained on the Library of Parliament:

Clause 1. Current and past Constitutions of the Social Liberal Union; and
Clause 2. Constitutional Amendments; and
Clause 3. Acts of Parliament; and
Clause 4. Amendments to Acts of Parliament; and
Clause 5. Resolutions of Parliament; and
Clause 6. Amendments to Resolutions of Parliament; and
Clause 7. Signed treaties and interregional agreements; and
Clause 8. Executive Orders; and
Clause 9. Repealed, spent, or original versions of records in Clauses 1 through 8 of this Section.

Section 3. Optional Records[edit]

Bills submitted after this Act's implementation shall be posted to the Library of Parliament, and shall be debated and voted on the Social Liberal Union forum. Members who do not know how to code legislation on the Library of Parliament, may request help from the Primary Manager, a Librarian, or the Speaker.

Section 4. Page Protection Levels[edit]

Only Statutory Records may be permanently protected to permit only administrators to edit them. All other pages may optionally be protected to permit only registered users to edit them.

Section 5. Backup of Legislation[edit]

The Primary Manager shall be responsible for completing a backup of the code and text of each piece of legislation within two weeks after its passage, and publishing this information of the forum of the Social Liberal Union, along with sending the Speaker and Librarians copies, so as not to lose any legislation should the Library of Parliament be discontinued or damaged for any reason.

Section 6. Validity of Laws on the Library of Parliament[edit]

Legislation located within the Library of Parliament shall, when certified by the Library Council to be complete and accurate copies, be legally valid and judicially noted for all purposes.

Section 7. Definition of Historical Records[edit]

Historical records on the Library of Parliament shall be defined as records of occurrences during a set timeframe (usually a delegacy), records of significant events during the region's history, campaigns, elections, documents created by government officers, and parliamentary debates.

Article 5. The Law Commission of the Social Liberal Union[edit]

Section 1. Composition and Quorum[edit]

The Law Commission of the Social Liberal Union shall consist of the following members, and at least four of which shall constitute a quorum and a majority to do business:

Clause 1. The Speaker of the Union, ex officio, as Chair of the Commission; and
Clause 2. The Chancellor, ex officio, as Vice Chair of the Commission; and
Clause 3. The Founder of the Social Liberal Union, ex officio; and
Clause 4. The Minister of Domestic Affairs, ex officio, or, the Attorney General as their alternate, ex officio; and
Clause 5. The Speaker pro tempore, ex officio; and
Clause 6. One Member State nominated by the Vice Chair of the Commission and confirmed by a majority of the Commission, for a term of four months.
Clause 7. One Member State, not serving in the Cabinet, nominated by the World Assembly Delegate and confirmed by a majority of the Commission, for a term of four months.

Section 2. Procedure and Voting[edit]

Any proposed act of the Commission may voted on by all members of the Commission, for at least three days or until at least six members have voted, at the written request of the Chair, the Vice Chair, or any other two members of the Commission. The votes of Members of the Commission, except those regarding the confirmation of nominated appointed members of the Commission and the disbarment or suspension of members of the Bar, shall remain secret for one month, however, the Commission may with the approval of all members voting, lift the injunction of secrecy earlier.

Section 3. Chair and Vice Chair[edit]

The Chair shall preside over the Commission, act as the public liaison of the Commission, and oversee all the votes of the Commission, to be held on the Library of Parliament or the regional forum. The Vice Chair shall temporarily assume the powers and duties of the Chair during incapacity or vacancy in the speakership or during the prolonged absence of the Chair.

Section 4. Law Reform Advisory Powers[edit]

The Law Commission shall have the power to:

Clause 1. Examine the laws and judicial decisions of the Social Liberal Union for the purpose of discovering defects and anachronisms in the law and recommending needed reforms; and
Clause 2. Receive and consider suggestions from public officials, members of the Bar, and the public generally as to defects and anachronisms in the law; and
Clause 3. Recommend, from time to time, such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law of the region into harmony with modern conditions; and
Clause 4. Recommend the explicit repeal of all laws repealed by implication, or held unconstitutional by the Court of Justice; and
Clause 5. Promote matters pertaining to the advancement of jurisprudence or to the improvement of the administration of justice.

Section 5. Law Library Oversight Powers[edit]

The Law Commission shall have the power to:

Clause 1. Supervise the lawful, accurate, and expeditious maintenance of legislation by the Speaker of the Union due to passage, amendment, or repeal by the Open Parliament in accordance with the Constitution; and
Clause 2. Supervise the archival and preservation of copies of all repealed or spent laws and past Constitutions of the Social Liberal Union, by the Speaker of the Union; and
Clause 3. Supervise the retention of copies of the original text of all laws enacted under the Third Constitution of the Social Liberal Union are maintained by the Speaker of the Union; and
Clause 4. Supervise the backup of all current; and
Clause 5. Initiate and prosecute civil judicial proceedings against the Speaker of the Union or any Librarian or other State acting under their authority or direction, to correct or compel compliance with any statutory or constitutional requirements related to maintenance or archival of legislation, or the Library of Parliament.

Section 6. Court of Justice Bar Admission Powers[edit]

The Law Commission shall have the power to:

Clause 1. Create, maintain, and administer an examination on the Constitution, law, and legal procedure of the Social Liberal Union; and
Clause 2. License to practice law and admit eligible States which pass the examination to the Bar of the Court of Justice of the Social Liberal Union; and
Clause 3. Maintain a roster of admitted and active members of the Bar; and
Clause 4. Provide for a yearly continuing legal education examination, to account for changes in the law, for members of the Bar to retain their active member status.

Section 7. Bar Disciplinary Powers[edit]

The Law Commission shall have the power to:

Clause 1. Suspend indicted members of the Bar from practicing law, pending the termination of their criminal trial, or, for no more than thirty days per year for general gross misconduct or malfeasance; and
Clause 2. Publicly or privately admonish members of the Bar for misconduct or malfeasance; and
Clause 3. Disbar members of the Bar upon conviction of a Class 2 offence or higher. A disbarred or suspended State may appeal to the Court of Justice for reinstatement for good cause, except for disbarment due to conviction of a Class 6 offence.

Section 8. Integrity of Examinations[edit]

Any State taking any examination adopted pursuant to this Act shall keep the contents of it secret, unless otherwise required by law. Any State which discloses the exact or materially similar questions or answers to any Bar examination adopted pursuant to this Act, without the express consent of the Commission, to any other State(s) other than current members of the Commission, may be subject to prosecution for a Class 3 offence, or, if such a disclosure was done with malice, for a Class 4 offence, and, pending or upon prosecution and conviction under this Section may be barred by the Commission from taking any Bar examination for up to 3 months.

Any State which completes an examination adopted pursuant to this Act for another State, or attempts to do so, may be subject to prosecution for a Class 4 offence, and, pending or upon prosecution and conviction under this Section, both States may be barred by the Commission from taking any Bar examination for up to 4 months. Before completing an examination adopted pursuant to this Act, the examinee shall be required to certify under penalty of perjury that no other State completed said examination for them and they only used reference material found on the Library of Parliament and other sources authorized by the Commission.

Article 6. The Practice of Law[edit]

Section 1. Practice of Law Generally[edit]

No State shall practice law in the Social Liberal Union unless that State is an active member of the Bar, or is otherwise authorized by law. The presiding officer of the Court of Justice, the World Assembly Delegate, the Speaker of the Union, the Minister of Domestic Affairs, and the Attorney General may practice law without being active members of the Bar, during their continuance in office, insofar as it relates to the exercise of their constitutional or statutory powers, prerogatives, or obligations.

Section 2. Unauthorized Practice of Law[edit]

Any State advertising or holding themself out as practicing or entitled to practice law, or otherwise practicing law, which is not an active member of the Bar or otherwise authorized by to law to practice law in the Social Liberal Union at the time of doing so, may be subject to prosecution for a Class 3 offence for the first violation, and a Class 4 offence for the second violation and any subsequent violations. Furthermore, unauthorized practice of law may be considered a contempt against the Court of Justice.

Clause 1. It shall not constitute unauthorized practice of law for a State to personally defend themselves in a civil or criminal proceeding initiated against them.
Clause 2. It shall not constitute unauthorized practice of law for a State to personally initiate or prosecute a civil proceeding exclusively in their own name.

Section 3. Duties of Members of the Bar[edit]

It is the duty of a member of the Bar to do all of the following:

Clause 1. To support the Constitution and laws of the Social Liberal Union; and
Clause 2. To maintain the respect due to the Court of Justice, any other tribunals, and all judicial officers; and
Clause 3. To counsel or maintain those proceedings or defenses only as appear to them legal or just, except the defense of a State charged with a public offence; and
Clause 4. To never to seek to mislead any judicial officer by an artifice or false statement of fact or law; and
Clause 5. To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which they are charged; and
Clause 6. Not to encourage either the commencement or the continuance of a proceeding from any corrupt motive; and
Clause 7. To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the member of the Bar has agreed to provide legal services.

Section 4. Offences by Members of the Bar[edit]

Any member of the Bar which consents to any deceit or collusion, with intent to deceive the Court of Justice, or, willfully and corruptly delays their client’s case in Court, with a view to their own gain, may be subject to prosecution for a Class 4 offence.