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Founded in March of 2007, A World Power was once one of the largest regions in Nationstates, and is currently re-building to its former glory! We as a region hold no specific political ideology, but nations organise themselves into Great Houses of likeminded individuals. The leaders of the three largest Houses form a Triumvirate which is responsible for leading the region. We believe in open elections for all citizens of our region and operate a one of the major defender forces in the game, which protects regions across Nationstates from invasion.

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High Court of AWP Bill
Topic Started: 18 Dec 2007, 13:05 (109 Views)
Numero Capitan
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High Court of AWP Bill

Purpose: To put in motion the political foundations for the creation of a High Court of AWP to oversee Judicial matters

Strength: Strong

Effect: Should this bill pass the Senate would be committed to setting up the infrastructure for a High Court and appointing Justices as appropriate

Article 1: The High Court shall hold all original judicial power in the region although actions that have a significant bearing on Regional politics must be confirmed by the Senate. Currently the only circumstance that requires Senate confirmation is Impeachment although this article can be amended by the senate to give further powers.

Article 2: The Senate shall appoint Justices to the court and their terms are not restricted by time but instead by the Senate's disgression to whether they are fit to remain in office. Valid reasons for removal from office include, inactivity, abuse of power(ultra vires) and failure to fulfill responsibilities. The number of Justices is to be decided by the founder and can be changed whenever the founder wishes with one months notice provided the changes do not force the removal of one or more justices without valid reason.

Article 3: Officials should not comment on any case in which proceedings are ongoing or prior to proceedings

Article 4: The judicial power shall extend to:
-all cases, in law and equity, arising under this Constitution, the laws of the region, and treaties made, or which shall be made, under their authority;
-to controversies to which 00000 A World Power shall be a party;
-to all cases affecting ambassadors, embassies or other public ministers and consuls;

Article 5: The High Court shall have original jurisdiction in the region and the Senate shall have appellate jurisdiction under such regulations as the Senate will make

Article 6: Court proceedings shall be as follows. The court will first take amicus curiae briefs from those who have an interest in the case but are not directly involved. Following these briefs, which should close after two days the defendent must submit their plea. They defendent has a 3 day period to submit this plea and failure to do so will sacrifice the oppurtunity to prevent a defence. After the plea has been given, the court will open proceedings which will be led by the Chief Justice and run as he or she so wishes. Once proceedings are brought to a close the Justices will retire and deliberate privatly until a decision has been reached with a majority vote. The chief justice will then sentence the defendent or dismiss the case.

Article 7: Regarding the appellate power of the Senate: The Senate can overturn any non-unanimous high court decision with a two-thirds majority. Any defendent who appeals will be required to pay a minumum court cost of $500 should the appeal fail for wasting court time, the full amount shall be decided by the presiding Justice. The defendent must also wait three weeks between sentencing and submitting an appeal

Article 8: The court would also have the power of Judicial Review, to review whether a forum moderator has exceeded their power or acted in an unjustified way towards any member of the community. Moderators would also require Court permission from at least 1 justice to move a members warning level to level 3 or level 4

Article 9: That AWP Senate reserves the right and privilege to enforce this bill by any means necessary as long as they are not contradictory to other enacted legislation.

Notes:

AWP refers to the region 00000 A World Power
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Neasmyrna
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Interesting legislation...


But I am against it at the moment...
I'm busy now... but will write up my reasons in a bit...

I think we should demote this to a discussion at the moment instead of a vote... is that ok with everyone?

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Numero Capitan
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i would be happy for us to discuss it first
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kelh
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A vote might be premature at the moment. For example, What will we consider a judicia matter?
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Neasmyrna
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Ok, I'll close the top Poll section and we can talk about it...
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Torchevon
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I don't think it's a bad idea it's just that we may not use it a lot unless we have members who would use the court right away like nitty bringing ranholn in or something (call me crazy but it could happen). It depends on what happens, the only example of a court I saw was in Sorvun. One of their members was accused of misusing his global mod/admin powers and he was taken to court for it and later cleared of charges. I think it would be great to implement since it would give a way for people who have grievances against each other an organized place to settle their problems instead of spamming the boards.
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Numero Capitan
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well i was just think, when would we have needed it recently

Greek banjecting Nitty
Ranholn having to decide how to deal with nitty's spamming

thats all been in the past two months

one case a month isnt too bad, proceedings would take at least a week, it would just create a more structured way of doing things

we could also if we wanted put a less serious side to it as well, where you can take people to court for roleplay or just joke cases, i dont know, just throwing some suggestions in the mixer!
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Ranholn
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my last region had one, and it mostly delt with people being banned or having other limitations against them. IT was often for people to feel that they where getting treated well under the rules made by it. Kelh you can see it in the IPP sub forum

(neas maybe we should make party sub forums passworded, pm me)
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Ranholn
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(see numero i never said it wasnt good the way it was)

I feel the debate on this ended to soon and am bringing it back up
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Turlmanistan
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I'd like further clarification on article 6. The way I read it right now is if you are the defendant and you don't submit a plea, you are automatically found guilty. Is this correct?
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Numero Capitan
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No automatically found guilty but you automatically have a guilty plea, although I think that should be changed to 'not guilty' now
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Neasmyrna
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I think it is rather unnecessary to have a High court. The Senate is the high court and in the event of something needing a court we can work something out. I hate the beurocratic junk I see in other regions that have to get rid of someone but must spend months in a silly trial..
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Ranholn
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I actually do see a reason for a Court system. The main being actually be article 8, with some modification, as a Global mod I think in cases they should be allowed to use there full ability, say if someone posts a pornagraphic link they should not have to talk to the court before permanitly suspending the account. Since if someone from invision free saw it the forum it self would be closed down.

Even if it does very little, I feel a court at least for purpose of people who disagree with Mod actions taken against them, the senate would not be seen by many at least right now as a fair judge since all the moderaters are part of the senate, it would be an outside body. With stipulation that Judges are not allowed to be Moderaters of any board save the court system boards so they are outside the Moderation system so that they can be seen as an outside observer.

I feel it would add a place for people to feel they have at least a voice if they disagree with the judges, and we should create a email for the judicial system on hotmail or gmail, that people can just send requests to that email account so that even if they are suspended from the forum they can still put in an appeal.

I do not like them as the sole person for impeachment I feel that is better for the senate and the people, I would also like the Judges to be voted on by the people not the senate.

Judges would not be part of the senate but a diffrent body, and also I do not want judges to have indefinate tearms, but rather like in america (sorry thats where Im from) once elected they just run when ever senators run on a yes or no ticket. So you vote, yes to keep them or no to vote them out, if they are out then we have an election for a new one. One Judge for the south, one for the north and a head Judge that is voted by both districts like Delegate is voted.

We do not how ever need lawyers, The moderater who took part of the action will represent himself, and the person who had moderation done against them will defend themselves.

See numero I usually try (may not always succeded) to say ways I can improve or disagree with proposals
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Turlmanistan
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I agree with Ranholn, and Numero, change the auto plea from guilty to not guilty, and toss out the lawyers, each party should represent themselves
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Ranholn
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perhaps The three of us from the IPP should REwrite the LEgislation based on what we have discussed then put that up for mroe debate and Vote? unless numero is against that, we will keep it stil in this and hopefully get it to vote soon
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Numero Capitan
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I'm happy for us to do that, maybe get the term lengths and district assembly legislations passed and then we can sort this out and maybe put it before the districts and see.

I also still like the idea of silly IC cases just for fun that the presiding authority can choose to grant trial or not :P He must judge its entertainment value first. Could be a fun thing to include in the paper.
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Ranholn
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the big reason I want the rewrite is cause well, We have put forth so many changes that the original really isnt surviving at all may as well rewrite it and submit it again :D

as for the rp thing... eh we will talk :D
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Turlmanistan
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wait for the password protected forum. Then post in there. This is party strategy and all :D
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