Bill: Draft P.B. ##-### | Judicial Safeguard Act

[SoggehToast]

A
BILL
TO
Amend the Constitution to Safeguard Judicial Independence
​

1 - About this Act
(1) This Act

(a) may be cited as the Judicial Safeguard Act.​

(b) may be numbered as P.B.04-###.​

(c) shall be enacted immediately upon receiving assent from His Majesty the King.​

(d) has been authored by SoggehToast.​

(e) has been co-sponsored by Capt11543.​

2 - Amendments to the Constitution

(1) Article 14 of the Constitution shall be amended in the following manner:

“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:

"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. holding exclusive jurisdiction over appeals from the Magistrates Court, electoral controversies, and the interpretation and application of the Constitution. The Court shall consist of a High Chancellor and two Chancellors, who shall adjudicate all matters before the Court as a panel.

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:

“The Magistrates Court shall have original 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 Court shall consist of no fewer than three Magistrates, who shall sit individually or on a panel, as prescribed by law.”

(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. Where a vacancy occurs within the Chancery, the Prime Minister may nominate a prospective Chancellor or High Chancellor, whose appointment shall be subject to approval by Parliament.​

2. Magistrates Court Appointments. The High Chancellor shall appoint up to three Magistrates to the Magistrates Court. The High Chancellor shall appoint Magistrates, subject to such restrictions on the size of the Court as Parliament may impose by law, and may remove Magistrates as provided by this Constitution. ​

3. Magistrate Cases. Judicial Officers of the Chancery can may hear cases in the Magistrates Court where no Magistrate is available to hear the matter.​

4. Judicial Officers shall recuse themselves from any case in which they hold a personal interest or in which circumstances exist that may reasonably compromise their impartiality, or in which they adjudicated the matter at original jurisdiction.​

(a) No judicial officer serving as a Member of Parliament, Minister, or other high official as prescribed by law, or holding membership within a political party, shall hear a civil or constitutional case arising under legislation to which they materially contributed, whether as author, co-sponsor, or by way of amendment. ​

(b) No judicial officer serving as a Member of Parliament, Minister, or other high official as prescribed by law, or holding membership within a political party, shall adjudicate cases involving corruption, treason, bribery, or which otherwise concerns an abuse of public office.​

(c) No judicial officer holding membership within a political party shall hear a case in which that political party stands before the court.” ​

(5) The following new Article shall be inserted immediately following Article 17:

“18. Judicial Standards
Parliament may by law establish such ethical standards as are reasonably governing the Judiciary in order to preserve the activity, integrity, and independence of the courts. The High Chancellor may promulgate supplementary ethical standards consistent with applicable law.

1. The High Chancellor may remove a Magistrate for violation of an applicable ethical standard. A removed Magistrate may appeal their removal to the full Chancery Court.
2. The High Chancellor is authorized to enforce these standards within the Magistrates Court and shall ensure no Magistrate hears a case they are prohibited from hearing by this Constitution or by applicable law, provided such law is consistent with this Constitution.
3. Judicial Officers of the Chancery shall remain subject to applicable ethical standards, but shall not be removable by the High Chancellor. Alleged violations by a Chancellor shall be referred to Parliament.”

3 - Transitional Measures
(1) All cases currently in proceedings shall continue within the jurisdiction of the court before which they are being heard until their conclusion.

 

[SoggehToast]

Labour/Public Servants
Through Its Minister of Justice SoggehToast
Moves to Pass
Judicial Safeguard Act​

Parliament notes:
(1) Conditions currently exist that threaten the independence of the Judiciary from political influences.
(2) No constitutional provisions explicitly prohibit Judicial Officers from holding political office, or establish what cases politically active Judicial Officers are qualified to hear.
(3) No constitutional provisions exist that explicitly grant the High Chancellor the authority to remove Magistrates for violations of reasonable ethical standards.

Based on this, Parliament decides:
(1) To increase the seats available within the Magistrates Court, subject to applicable law.
(2) To explicitly authorize the High Chancellor to enforce violations of reasonable ethical standards as prescribed by law.
(3) To establish baseline guidelines governing which cases politically active Judicial Officers are competent to hear.

To fulfil this, Parliament projects the following expenses:
(1) Administrative costs: None.

Further, Parliament projects the following administrative efforts:
(1) None.

To implement the above, Parliament passes:

A
BILL
TO
Amend the Constitution to Safeguard Judicial Independence
​

1 - About this Act
(1) This Act

(a) may be cited as the Judicial Safeguard Act.​

(b) may be numbered as P.B.04-###.​

(c) shall be enacted immediately upon receiving assent from His Majesty the King.​

(d) has been authored by SoggehToast.​

(e) has been co-sponsored by Capt11543.​

2 - Amendments to the Constitution

(1) Article 14 of the Constitution shall be amended in the following manner:

“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:

"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. holding exclusive jurisdiction over appeals from the Magistrates Court, electoral controversies, and the interpretation and application of the Constitution. The Court shall consist of a High Chancellor and two Chancellors, who shall adjudicate all matters before the Court as a panel.

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:

“The Magistrates Court shall have original 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 Court shall consist of no fewer than three Magistrates, who shall sit individually or on a panel, as prescribed by law.”

(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. Where a vacancy occurs within the Chancery, the Prime Minister may nominate a prospective Chancellor or High Chancellor, whose appointment shall be subject to approval by Parliament.​

2. Magistrates Court Appointments. The High Chancellor shall appoint up to three Magistrates to the Magistrates Court. The High Chancellor shall appoint Magistrates, subject to such restrictions on the size of the Court as Parliament may impose by law, and may remove Magistrates as provided by this Constitution. ​

3. Magistrate Cases. Judicial Officers of the Chancery can may hear cases in the Magistrates Court where no Magistrate is available to hear the matter.​

4. Judicial Officers shall recuse themselves from any case in which they hold a personal interest or in which circumstances exist that may reasonably compromise their impartiality, or in which they adjudicated the matter at original jurisdiction.​

(a) No judicial officer serving as a Member of Parliament, Minister, or other high official as prescribed by law, or holding membership within a political party, shall hear a civil or constitutional case arising under legislation to which they materially contributed, whether as author, co-sponsor, or by way of amendment. ​

(b) No judicial officer serving as a Member of Parliament, Minister, or other high official as prescribed by law, or holding membership within a political party, shall adjudicate cases involving corruption, treason, bribery, or which otherwise concerns an abuse of public office.​

(c) No judicial officer holding membership within a political party shall hear a case in which that political party stands before the court.” ​

(5) The following new Article shall be inserted immediately following Article 17:

“18. Judicial Standards
Parliament may by law establish such ethical standards as are reasonably governing the Judiciary in order to preserve the activity, integrity, and independence of the courts. The High Chancellor may promulgate supplementary ethical standards consistent with applicable law.

1. The High Chancellor may remove a Magistrate for violation of an applicable ethical standard. A removed Magistrate may appeal their removal to the full Chancery Court.
2. The High Chancellor is authorized to enforce these standards within the Magistrates Court and shall ensure no Magistrate hears a case they are prohibited from hearing by this Constitution or by applicable law, provided such law is consistent with this Constitution.
3. Judicial Officers of the Chancery shall remain subject to applicable ethical standards, but shall not be removable by the High Chancellor. Alleged violations by a Chancellor shall be referred to Parliament.”

3 - Transitional Measures
(1) All cases currently in proceedings shall continue within the jurisdiction of the court before which they are being heard until their conclusion.