Amendment 12 to the Second Constitution
|Amendment 12 to the Second Constitution|
|Citation||Ca-12 to C-2|
|Enacted by||Open Parliament|
|Date enacted||14 August 2015|
|Introduced on||25 July 2015|
|Voting began||29 July 2015|
|Vote results||12 Yea, 0 Nay, 0 Abstain|
Fair and Efficient Administration of Justice
Reaffirming and codifying several implied powers of the Court of Justice, as well as codifying multiple other provisions that should allow the Court to operate more efficiently and to ensure the fair administration of justice.
Section 1. Voids and replaces Article 15, Section 2, Clause 4 with:
- If an appointed state is rejected, a new state must be appointed.
Section 2. Adds the following sections and clauses to the end of Article 15:
- Section 6. The Court of Justice may adjudicate any legal matter with only two Justices, except in matters which may result in the permanent ban of a state from the region, may result in the removal of a member of government, and/or when deciding constitutionality.
- Clause 1. Notwithstanding the restrictions in Section 6 of this Article, the Open Parliament may, under extraordinary circumstances or in the prolonged absence of a Justice, in a vote lasting for at least 24 hours, authorize the Court of Justice to adjudicate any legal matter with just two Justices. Any authorizations granted by the Open Parliament shall be solely on a case by case basis. States who are parties in the case in question or otherwise have a conflict of interest shall be excluded from voting.
- Clause 2. Only unanimous decisions in matters judged by two Justices shall have any legal force. However, Justices may still issue “separate opinions,” in accordance with Section 7 of this Article.”
- Section 7. The Justices of the Court of Justice shall issue a “majority opinion,” which is a judicial opinion agreed to by more than half of the Court of Justice, and a “dissenting opinion” (if applicable), which is a judicial opinion written by one Justice expressing disagreement with the majority opinion, in all matters it adjudicates.
- Clause 1. Justices may also issue a “separate opinion,” which is is a judicial opinion which agrees with the decision made by the majority of the Court of Justice, but states different reasons as the basis for their decision.
- Clause 2. When no absolute majority of Justices of the Court of Justice can agree on the basis for deciding the case, the decision of the Court of Justice may be contained in several separate opinions.
- Clause 3. Only the majority judicial opinion shall set any binding precedent.
- Clause 4. Dissenting and separate judicial opinions may be cited as a form of persuasive precedent, providing the point of law is one on which there is no binding precedent already in effect.
- Section 8. The jurisdiction of the Court of Justice shall extend to all states in the Social Liberal Union, and in other regions which, by treaty, Act of the Open Parliament, and/or military conquest, are under the jurisdiction of this Constitution.
- Section 9. The Court of Justice shall have the power to vacate any of its previous decisions by ruling.
- Section 10. The Court of Justice shall be the sole body competent to adjudicate legal disputes between states under its jurisdiction.
- Section 11. The Court of Justice shall have the authority to issue and compel compliance with any reasonable writ established directly by Act of the Open Parliament, any entity empowered by law to establish such writs and any requirement(s) or limitation(s) thereof, or established by common law (only in the absence of pertinent legislation or rules).
- Clause 1. No general (exceptionally broad) writ may be established, issued, or enforced.
- Section 12. The Court of Justice shall have the authority to compel compliance with any reasonable rule of procedure or evidence established directly by Act of the Open Parliament, any entity empowered by law to establish such rules and any requirement(s) or limitation(s) thereof, or established by common law (only in the absence of pertinent legislation or rules).