Bill: Pending P.B. 03-021 | Judicial Reform Act

SoggehToast · 2025-12-11T15:15:45-0500

A
BILL
TO
Amend the Constitution to restructure the Judiciary to address operational challenges

1 - About this Act
(1) This Act

(a) may be cited as the Judicial Reform Act.

(b) may be numbered as P.B.03-021

(c) shall be enacted upon passing a referendum to amend the Constitution.

(d) has been authored by Minister of Justice SoggehToast.

(e) has been co-sponsored by Prime Minister Capt11543.

2 - Amendments to the Constitution
(1) Article 14 of the Constitution shall be amended in the following manner:

“14. Judicial Power
Judicial power is vested in the courts, consisting‌ ‌of‌ ‌the‌ Chancery and the Magistrates Court. These institutions interpret‌ ‌the‌ ‌law‌ ‌as‌ ‌written‌ ‌by‌ ‌the‌ ‌legislature‌ ‌and‌ ‌administered‌ ‌by‌ ‌the‌ ‌Executive.‌ These institutions may hear cases within their jurisdiction, ‌interpret and apply the law in accordance with this Constitution, and decide controversies properly presented before them.”

(2) Article 15 of the Constitution shall be amended in the following manner:

"15. Chancery
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.
The Chancery shall be the highest court of the nation, holding exclusive appellate jurisdiction over all matters arising from the Magistrates Court, and shall consist of a single High Chancellor with sole authority to adjudicate all cases properly before the Chancery.

The Chancery has appellate jurisdiction over all other matters from lower courts.”

(3) Article 16 of the Constitution shall be amended in the following manner:

“16. Magistrates Court
The Magistrates Court shall have jurisdiction over all criminal and civil matters, except those explicitly reserved for the Chancery by this Constitution or other specific laws. All cases shall initially be heard in the Magistrates Court, unless otherwise specified by law or granted special leave by the Chancery.
The Magistrates Court shall have original jurisdiction over all matters brought before it under this Constitution and shall serve as the Court of first instance.

1. When hearing constitutional cases, the Magistrates Court shall convene a panel of three Magistrates.

2. All other cases within this Court shall be heard by a single Magistrate or by the High Chancellor.”

(4) Article 17 of the Constitution shall be amended in the following manner:

“17. Judicial Officers
Judicial Officers of the Chancery and Magistrates Court shall serve for life, subject to removal by Parliament through impeachment.

1. Chancery Appointments. The Prime Minister, with consent of the Parliament shall appoint three Chancellors, including a High Chancellor, to the Chancery. The Prime Minister, with the consent of Parliament, shall appoint one High Chancellor to the Chancery.

2. Magistrates Court Appointments. The High Chancellor shall appoint up to three Magistrates to the Magistrates Court.

3. Magistrate Cases. Judicial Officers of the Chancery can hear cases in the Magistrates Court.”

3 - Transitional Measures
(1) Any sitting Chancellor at the time of this Act's passage may elect to become a Magistrate by notifying the High Chancellor within 14 days, whereupon they shall be deemed appointed as Magistrates.

SoggehToast · 2025-12-11T15:23:54-0500

Labour/Public Servants
Through their Minister of Justice
Moves to Pass
The Judicial Reform Act

Parliament notes:
(1) The current judicial structure has created challenges in maintaining consistent judicial operations in the courts due to limited judicial capacity.
(2) Consolidating original jurisdiction in the Magistrates Court, while establishing the Chancery as the appellate court, will ensure a more efficient judicial process.
(3) Requiring three-Magistrate panels for constitutional cases ensures important constitutional questions receive appropriate legitimacy.
(4) Providing sitting Chancellors with the option to transition to Magistrate positions retains experienced judicial officers while increasing the capacity of the Magistrates Court.
(5) Clarifying that the Judiciary may both interpret and apply the law ensures that courts have the constitutional authority to hear and resolve cases properly presented to them.

Based on this, Parliament decides:
(1) To restructure the Chancery as an exclusively appellate court with a single High Chancellor, ensuring appellate cases can continue regardless of the availability of other Chancellors.
(2) To establish the Magistrates Court with original jurisdiction over all matters under the Constitution, regardless of their nature.
(3) To require three-Magistrate panels for constitutional cases at the original jurisdiction level, ensuring these important matters receive thorough deliberation, while allowing single Magistrates to hear other matters efficiently.
(4) To provide a transition mechanism for current Chancellors to become Magistrates if they so choose.

To fulfil this, Parliament projects the following expenses:
(1) Expenses associated with conducting a constitutional referendum.

Further, Parliament projects the following administrative efforts:
(1) The Ministry of Internal Affairs must organize a constitutional referendum.

To implement the above, Parliament passes: