Bill: Draft Judicial Appointments Revision Act

Capt11543

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Capt11543
Capt11543
Member of Parliament
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Apr 18, 2025
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A
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TO

Amend the Constitution to make the provisions for appointment of Magistrates and Chancellors clearer and more flexible​


1 - About this Act
(1) This Act:
(a) may be cited as the "Judicial Appointments Revision Act".​
(b) may be numbered as P.B. 04-### (to be assigned by the Office of the Speaker).​
(c) shall be enacted upon passing a Constitutional amendment referendum.​
(d) has been authored by MP Capt11543.​
(e) has been co-sponsored by <co-sponsor>.​

2 - Amendments to the Constitution
(1) Article 15 of the Constitution shall be replaced with the following text:

"15. Chancery
  1. The Chancery is the highest court of the nation, with exclusive jurisdiction over constitutional questions, including the interpretation and application of the Constitution, as well as disputed returns arising from elections, including challenges to election results and qualifications of elected members of Parliament.
  2. The Chancery has appellate jurisdiction over all other matters from lower courts.
  3. The Chancery establishes rules and procedures for the entire Judiciary.
  4. The Chancery delivers substantive rulings on matters of law by simple majority vote. A quorum of two Chancellors is required to issue such rulings."​

(1) Article 17 of the Constitution shall be replaced with the following text:

"17. Judicial Officers
  1. Magistrates and Chancellors are Judicial Officers. Judicial Officers serve for life, subject only to removal upon impeachment by Parliament.
  2. Chancellors - There shall be no more than three Chancellors, one of whom shall be the High Chancellor. In the event of a vacancy on the Chancery, or in the position of High Chancellor, the Prime Minister shall nominate an individual to Parliament. The nominee takes office if Parliament approves them with a supermajority.
  3. Magistrates - The High Chancellor appoints Magistrates to serve on the Magistrates' Court.
  4. Chancellors may preside over cases in the Magistrates' Court.
  5. If the Chancery cannot convene a quorum on a particular matter under Article 15.4, the High Chancellor may appoint a sitting Magistrate as an acting Chancellor to rule on that matter.
    (a) The High Chancellor must inform Parliament of any acting Chancellor appointment.
    (b) Parliament may overturn an acting Chancellor appointment by supermajority vote.
    "​
 
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