Law Commission and Library Act

From The Library of Parliament
Jump to: navigation, search
Law Commission and Library Act
Citation A-33
Enacted by Open Parliament
Date enacted 18 April 2018
Legislative history
Introduced on 1 December 2017
Introduced by Anaaxes
Voting began 10 April 2018
Required majority Simple majority
Vote results 11 Yea, 0 Nay, 0 Abstain[1]
Status: In force

This Act establishes a Law Commission that oversees the Library of Parliament, makes recommendations to keep laws up-to-date with the needs of the time, creates and administers law examinations to States that wish to represent others in legal proceedings to protect the public from malpractice, oversees admissions into the Bar of the Court of Justice, disciplines members of the Bar for misconduct, and regulates the practice of law. The Act also repeals the Parliamentary Library Act and replaces it with a more efficient and streamlined Library of Parliament system that is less vulnerable to abuse.

Article 1. The Library of Parliament

Section 1. Location

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

Section 2. Function

The Library of Parliament shall serve as the official library of the Open Parliament of the Social Liberal Union. Its 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

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

Section 4. Copyright

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.

Section 5. Repeal of Another Act

A-23: Parliamentary Library Act is repealed in its entirety.

Article 2. Management of the Library of Parliament

Section 1. Chief Administrative Officer

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

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 Mandatory Records without the permission of the Speaker or the Law Commission.

Section 3. Librarians of Parliament

The Speaker of the Union may appoint no more than 10 assistants to help administer 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, as ordered by the Speaker.
Clause 2. Librarians shall serve at the pleasure of the Speaker, and may edit all pages in the main namespace, but shall not edit Mandatory Records without the permission of the Speaker or the Law Commission.
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

Section 1. Mandatory Records

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. Orders and Standing Orders of the Law Commission; and
Clause 10. Repealed, spent, or original versions of records in Clauses 1 through 9 of this Section; and
Clause 11. Case files of closed criminal and civil cases before the Court of Justice or an inferior tribunal; and
Clause 12. Passed or failed World Assembly Resolutions nominating the Social Liberal Union for any Security Council action.

Section 2. Legislative Bills and Assistance

Bills submitted for consideration before the Open Parliament shall be posted to the Library of Parliament, and shall be debated and voted on elsewhere as provided for by law. Members States may request and receive assistance from the Speaker, the Chief Technical Officer, or a Librarian regarding the wiki formatting code and style conventions.

Section 3. Page Protection Levels

All pages shall be open to editing by the general public or registered users controlled by Member States, as directed by the Speaker. Only the following types of pages may be permanently protected to permit only administrators to edit them:

Clause 1. Pages containing Mandatory Records; and
Clause 2. The main page of the Library of Parliament; and
Clause 3. Bona fide technical or administrative pages, including but not limited to, a staff directory, templates, forms, disambiguation pages, redirect pages, image pages, and category pages; and
Clause 4. Pages designated as high-risk, extraordinarily popular, or of significant regional value, by request of the Speaker and approved by the Law Commission.

Section 4. Backup of Legislation

The Chief Technical Officer shall be responsible for completing a backup of the code and text of each piece of Mandatory Record within two weeks after its qualification as a Mandatory Record, and shall publish this data on the forum of the Social Liberal Union, so as not to lose any legislation or records should the Library of Parliament be discontinued or damaged for any reason.

Section 5. Validity of Laws on the Library of Parliament

Legislation located within the Library of Parliament shall be deemed legally valid and judicially noted for all purposes. This Section shall be considered a restatement of part of the common law of the Social Liberal Union.

Section 6. Optional Records

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

Clause 1. Current and past elections for public offices; and
Clause 2. Profile pages for current and former Member States or public officeholders, including supplemental roleplay information; and
Clause 3. Parliamentary debates; and
Clause 4. Political campaigns for regional public offices or bills; and
Clause 5. Documents or publications created or disseminated by government officers; and
Clause 6. Articles documenting or describing the law, politics, or government of the Social Liberal Union or of a current or former embassy region, or any office, agency, or instrumentality thereof; and
Clause 7. Articles or timelines of delegacies or other time periods within the region; and
Clause 8. Lists of current or former holders of a particular office; and
Clause 9. Records of noteworthy or significant political, social, or cultural events and subjects during the region's history; and
Clause 10. Administrative or technical guides for the Library of Parliament; and
Clause 11. Draft or failed regional or World Assembly legislation authored by a Member State; and
Clause 12. Other reasonably needful records as determined by the Speaker, by the Law Commission, or as required by law or executive order.

Article 4. The Law Commission of the Social Liberal Union

Section 1. Composition and Quorum

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 elected 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 five months; and
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 five months.

Section 2. Additional Membership Provisions

Clause 1. Ex officio membership on the Commission shall terminate immediately if a member ceases to hold the office that previously qualified them to be a member of the Commission.
Clause 2. No State may hold more than one seat on the Commission at once.
Clause 3. Commencing on 1 January 2019, all nominated appointive members of the Commission shall either be active members of the Bar of the Court of Justice, or, have been elected World Assembly Delegate, Speaker of the Union, or Chancellor at least once before.

Section 3. Procedure and Voting

Any proposed order of the Commission shall be 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 appointive 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. The Commission, by a two-thirds vote of the membership, set their own internal supplementary standing orders of procedure.

Section 4. Chair and Vice Chair

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 execute the powers and duties of the Chair during incapacity or vacancy in the speakership.

Section 5. Law Reform Advisory Powers

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 6. Law Library Oversight Powers

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 archiving 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. 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 archiving of legislation, or the Library of Parliament.

Section 7. Court of Justice Bar Admission Powers

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 an annual refresher examination, mainly covering changes in the law in the preceding year, in order for members of the Bar to retain their active member status.

Section 8. Bar Disciplinary Powers

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 their conviction of a Class 2 offence or higher. A disbarred or suspended State may appeal to the Court of Justice for reinstatement in a hearing to show cause.

Section 9. Integrity of Examinations

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 5. The Practice of Law

Section 1. Practice of Law Generally

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

Any State advertising or holding themselves 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

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

Clause 1. To uphold 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

Any member of the Bar which consents to any deceit or collusion, with intent to deceive the Court of Justice or an inferior tribunal, 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.