NS 304-1: Clarification: Function of Supreme Ct. [REJECTED] Jan 21, 2020 11:42:46 GMT -5
Post by Paffnia on Jan 21, 2020 11:42:46 GMT -5
NS 304-1: Clarification of the Function of the Supreme Court of 10000 Islands
Record Number: NS 304-1
I. Authority of the Supreme Court
1. The Council of Nine may convene as the Supreme Court of 10000 Islands, pursuant to Article 3.3 of the Constitution of 10000 Islands, to resolve questions regarding the interpretation of statutes, council processes, or any relevant text of the Constitution of 10000 Islands.
2. Questions must be presented as answerable in a Yes/No form, and cite the relevant statute, process, or clause of the constitution for interpretation.
3. Questions do not have to be related to any particular or specific debate/controversy, or arise in relation to any other proceeding.
4. The Supreme Court may provide advisory rulings within its remit.
5. The Supreme Court of 10000 Islands shall not have the authority to rule on other questions not asked, or to expand its authorities except as provided by law.
II. Procedure of the Supreme Court
1. Any citizen may bring a question to the Supreme Court of 10000 Islands in the Council of Nine lobby.
a. Initial arguments and briefing on the question will be left open for public comment for seven days. After which it shall be considered by the Court. Public comment may occur alongside internal proceedings, thought the court shall refrain from open deliberation.
b. Any council-member may request additional briefing and comments for an additional seven days. Requests can be made in the court discussion. Unless clause 1.c. below is invoked, a public comment period will be automatically opened, or extended.
c. Any council-member may object to further public comment, by posting as much in the discussion, and a poll of council-members shall be conducted to end public comment. Following initial objection of further comment, no further extensions shall be granted except by a majority of council-members approving.
2. Any question arising in the course of private Council of Nine discussions, the Supreme Court may post the legal question for public comment under the Transparency Act or proceed with internal discussions at its discretion.
a. The Chief Executive shall have the ability waive the public comment on any legal questions wherever they deem it contrary to the security or stability of 10000 Islands.
3. When deliberating, members of the Supreme Court may present drafts of a written decision which answers the specific question (yes/no) and provides legal reasoning as to the facts and context of the decision.
4. Sitting members may agree to any draft circulated, and when a majority of the sitting members of the court have agreed on any one written decision, that opinion shall be the majority opinion of the Supreme Court and the matter closed.
a. The majority opinion of the Supreme Court shall be binding and authoritative.
b. Members of the Supreme Court who disagree with the majority opinion may write a dissenting opinion.
c. Members agreeing in the specific question, but disagreeing in part of the legal reasoning or facts and context of the majority may write concurring opinions supplemental to the ruling,
d. Dissenting or Concurring Opinions shall not be considered binding and authoritative.
5. The Court may overrule prior majority opinions of the Court.
a. A 2/3 majority of the court shall be required to establish a new majority opinion on a specific question already covered by a prior majority opinion.
6. The Chief Executive may veto a majority opinion of the Supreme Court.
a. Vetoes of Supreme Court decisions are subject to publication requirements under the Veto Record and Clarification Act.
b. Vetoes of a Supreme Court decision shall only be considered binding as to the specific question, and shall not be considered authoritative in determining the precedent of the court.
7. Opinions of the Supreme Court will be published and archived by the Registrar General in such a way that they are viewable by all citizens of 10000 Islands.
a. If the Chief Executive believes all the decision to contain secure information, they may mark the opinion as SECURE, and the decision will not be published as viewable by all citizens of 10000 Islands. The Chief Executive and the Court shall provide a NON-SECURE summary for public archiving.
b. If the Chief Executive believes only part of the decision to contain secure information, they may mark the relevant portions as SECURE and those sections will not be published or listed as redacted, when viewable by all citizens of 10000 Islands.
c. The full text of any SECURE decisions, either in whole or part, will be archived privately to only the Supreme Court so that they can be used as precedent as needed.
REJECTED 2-6, with 1 abstention
United Royal Islands
The Tasmanian Islands
Gaming User (Marxist Germany)