Law:59RZ10 CpI Advisory Opinion Expansion Amendment
 FAILED TO PASS |
Ziu 59th Clark 4th (March 2024/XLV)
Uréu q'estadra så: Breneir Tzaracomprada |
 Cosă: FAILED |
| Per 138 — Con 54 — Aus 0 |
 Senäts: FAILED |
| Per 2 — Con 5 — Aus 0 |
L'Anuntziă dels Legeux |
View Clark Result |
Whereas, presently the King, Seneschal, and Secretary of State can request an advisory opinion from the Cort pü Inalt, and
Whereas, the Ziu may also want to request an advisory opinion ahead of its considerations.
Therefore, be it enacted by the Ziu of the Kingdom of Talossa that Article VIII, Section which currently reads as:
Article VIII, Section 6
Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.
No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.
The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.
A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.
Notwithstanding any contrary proscription, the King, the Secretary of State, or the Senechal may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.
A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.
The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.
Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.
Is amended to read as follows:
Article VIII, Section 6
Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.
No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.
The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.
A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.
Notwithstanding any contrary proscription, the King, the Secretary of State, the Senechal, the Avocat-Xheneral, or Ziu members representing at least one-third of seats in either the Cosa and/or Senate[/b] may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.
A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.
The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.
Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.
Uréu q'estadra så: - Breneir Tzaracomprada (Avocat-Xheneral)
|
This page is maintained under authority of the Scribery of Abbavilla. Această páxhină isch sub l'auþorità dal Scriuerïă d'Abbavilla. |