tomann
Talamthom Forum Administrator
Posts: 44
(21/8/04 14:59)
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DT2004-003 - Admin. of Justice Act
The following act has been passed by parliament with a margin of 7 votes for and 1 against. Would the members of the Upper Chamber please decide whether to ratify this and send it to the President fo signing or otherwise.
ADMINISTRATION OF JUSTICE ACT
An Act to provide for the establishment of a court system to administer justice in the Republic of Talamthom
I. THE COURT SYSTEM
Article 1:
There shall be established a High Court of Justice in Talamthom to administer the laws of the Republic.
Article 2:
The High Court of Justice shall consist of two separate divisions; the Court of Pleas to hear cases of first instance and a Court of Appeal to hear appellate matters.
Article 3:
The jurisdiction of the High Court of Justice shall extend to all matters of law within the Republic of Talamthom. It shall have jurisdiction over matters civil, criminal, administrative and constitutional.
Article 4:
The High Court of Justice (Court of Appeal Division) shall have power to judge the constitutionality of Acts of Parliament upon petition by a citizen(s) of the Republic.
Article 5:
All citizens shall have an automatic right of appeal from the decisions of the Court of Pleas to the Court of Appeal. This right shall not be restricted by Act of Parliament.
II. THE JUDICIARY
Article 6:
The Court of Pleas and the Court of Appeal shall in the first instance be staffed by one judge each. A judge of one division may not serve in the other division. Further judges may be appointed to each division in accordance with legislation to be passed by Parliament.
Article 7:
The judge in the Court of Pleas shall be styled Justice of Pleas shortened form “Justice”. The judge in the Court of Appeal shall be styled Lord Justice.
Article 8:
Appointment of Judges: Judges may be appointed to serve the Republic by a process of simple nonpartisan nomination. Any Member of Parliament may nominate any independent citizen of the Republic to serve as a Judge, this nomination must be endorsed by no less than four citizens of the Republic. No more than two endorsements may come from any single party or special interest group within the Republic.
Article 9:
Dismissal of Judges: Should any Member of Parliament deem it necessary to dismiss a Judge, he may attempt to do so by presenting the issue to Parliament for a vote.
Article 10:
Lord Chief Justice: In the event that the Lord Chief Justice must be replaced, it shall be conducted through a popular vote among sitting Judges. In the event that the Republic boasts fewer than three sitting Judges, the position of Lord Chief Justice shall be temporarily filled by the most senior of the Republic's judges until such time that an election may be held.
III. MISCELLANEOUS
Article 11:
The government may appoint any citizen of the Republic to act as the Attorney General. The functions of the Attorney General’s office shall be to represent the State in legal proceedings, render opinions to the government and the President on legal matters as and when required and to assist in the drafting of legislation. The Attorney General need not be a member of Parliament. He holds office at the pleasure of the Prime Minister.
IV. TEMPORARY PROVISIONS
Article 12:
Parliament may temporarily approve the appointment of a single judge to administer the High Court of Justice. The single judge will preside as a sole judge of the High Court of Justice without distinction to its first instance and appellate functions. Parliament may apply the full provisions of the Act by simple resolution when it deems that the judiciary is competent to meet the requirements of the Act.
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