User:Ugot/temporary: Difference between revisions

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<blockquote>'''Crimes against the Kingdom, including''' treason and sedition;</blockquote>
<blockquote>'''Crimes against the Kingdom, including''' treason and sedition;</blockquote>


2. to Organic Law Article VII Section 3 after the last numbered item shall be added a new one to read:
2. Organic Law Article VIII Section 2 which currently reads:
 
<blockquote>'''the establishment of penalties in civil and criminal matters.'''</blockquote>
 
3. Organic Law Article VIII Section 2 which currently reads:


{{quote|The judicial authority of the Cort pü Inalt shall extend to all matters, in law and equity, arising out of a case or controversy; and in all matters affecting ambassadors, public ministers, the State of the Kingdom of Talossa (including its organs), and a Province or other subdivision recognized by this Organic Law, the Cort pü Inalt shall have original jurisdiction. In all other cases, the Cort pü Inalt shall have appellate jurisdiction both as to law and fact over all inferior corts established by the Ziu. Nothing stated herein shall limit the authority of the Cort pü Inalt from remanding a matter to which the Cort pü Inalt has original jurisdiction to an inferior cort as it deems necessary.}}
{{quote|The judicial authority of the Cort pü Inalt shall extend to all matters, in law and equity, arising out of a case or controversy; and in all matters affecting ambassadors, public ministers, the State of the Kingdom of Talossa (including its organs), and a Province or other subdivision recognized by this Organic Law, the Cort pü Inalt shall have original jurisdiction. In all other cases, the Cort pü Inalt shall have appellate jurisdiction both as to law and fact over all inferior corts established by the Ziu. Nothing stated herein shall limit the authority of the Cort pü Inalt from remanding a matter to which the Cort pü Inalt has original jurisdiction to an inferior cort as it deems necessary.}}
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<blockquote>'''The judicial authority shall extend''' to all matters, in law and equity, arising out of a case or controversy.
<blockquote>'''The judicial authority shall extend''' to all matters, in law and equity, arising out of a case or controversy.


'''The Cort pü Inalt shall have original jurisdiction on disputes relating to the organicity of laws and acts having the force of law; on conflicts of attribution between the organs of the Regipäts, and those between the State and the Provinces and between the Provinces or other subdivision recognized by this Legeu Orgänic; on complaints of nullity as defined by statutory law and in all matters affecting ambassadors and those explicitly attributed to it by the Legeu Orgänic.'''
'''The Cort pü Inalt shall have original jurisdiction on disputes relating to the organicity of laws and acts having the force of law; on conflicts of attribution between the organs of the Regipäts, and those between the State and the Provinces and between the Provinces or other subdivision recognized by this Legeu Orgänic; on complaints of annulment of a sentence as defined and within the limits set by statutory law; and in all matters affecting ambassadors and those explicitly attributed to it by the Legeu Orgänic.'''


In all other cases, the Cort pü Inalt shall have appellate jurisdiction both as to law and fact '''over all inferior or nisi prius corts'''.
In all other cases, the Cort pü Inalt shall have appellate jurisdiction both as to law and fact '''over all inferior or nisi prius corts'''.
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'''When the Cort pü Inalt declares the organic illegitimacy of a provision of a law or an act having the force of law, the provision shall cease to have effect immediately.'''</blockquote>
'''When the Cort pü Inalt declares the organic illegitimacy of a provision of a law or an act having the force of law, the provision shall cease to have effect immediately.'''</blockquote>


4. the Fifth Covenant of the Organic Law which currently reads
3. the Seventh Covenant of the Organic Law which currently reads
 
{{quote|No person shall be deprived of life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected to cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation.}}
 
shall be amended to read
 
<blockquote>No person shall be deprived of life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected to cruel and unusual punishment. '''Reparation and deterrence shall be the principles that guide the determination of penalties.''' The Ziu shall have the power to enforce this Covenant by appropriate legislation.</blockquote>
 
5. the Seventh Covenant of the Organic Law which currently reads


{{quote|No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.}}
{{quote|No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.}}
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shall be amended to read
shall be amended to read


<blockquote>No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs. '''Penalties for crimes are only those established by statutory law. ''' </blockquote>
<blockquote>No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs. '''Permissible penalties for crimes are established by statutory law. ''' </blockquote>


6. the Ninth Covenant of the Organic Law which currently reads
4. the Ninth Covenant of the Organic Law which currently reads


{{quote|In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.}}
{{quote|In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.}}
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shall be amended to read
shall be amended to read


<blockquote>In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or a tribunal of the Crown '''as defined by statutory law'''. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence. '''Trials in absentia are permitted within the limits set by law'''.</blockquote>
<blockquote>In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury or a tribunal of the Crown '''regulated by statutory law'''. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence. '''Trials in absentia are permitted within the limits set by law'''.</blockquote>


7. the Twelfth Covenant of the Organic Law which currently reads
5. the Twelfth Covenant of the Organic Law which currently reads


{{quote|Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.}}
{{quote|Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.}}
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<blockquote>Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime '''as established by statutory law''', or as a result of relevant electoral or census law. '''No sentence of banishment or revocation of citizenship imposed in a criminal trial shall be effective unless confirmed by the Cort pü Inalt.'''</blockquote>
<blockquote>Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime '''as established by statutory law''', or as a result of relevant electoral or census law. '''No sentence of banishment or revocation of citizenship imposed in a criminal trial shall be effective unless confirmed by the Cort pü Inalt.'''</blockquote>


8. Lexh.A.1.1. and A.1.2. which currently read
6. Lexh.A.1.1 and A.1.2 which currently read


{{quote|1.1. Talossan courts shall interpret Organic and Statute Law through the lens of the Covenants of Rights and Freedoms, and otherwise in accordance with Talossan juridical precedent. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.
{{quote|1.1. Talossan courts shall interpret Organic and Statute Law through the lens of the Covenants of Rights and Freedoms, and otherwise in accordance with Talossan juridical precedent. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.
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shall be amended to read
shall be amended to read


<blockquote>1.1. Talossan courts shall interpret Organic and '''Statutory''' Law through the lens of the Covenants of Rights and Freedoms, and otherwise in accordance with Talossan juridical precedent '''as defined by the Organic Law'''. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.
<blockquote>1.1. Talossan courts shall interpret Organic and '''statutory''' Law through the lens of the Covenants of Rights and Freedoms, and otherwise in accordance with Talossan juridical precedent '''as defined by the Organic Law'''. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.


1.2. Only crimes described in Talossan Organic and '''Statutory''' Law may be prosecuted in Talossan courts.</blockquote>
1.2. Only crimes described in Talossan Organic and '''statutory''' Law may be prosecuted in Talossan courts.</blockquote>

Latest revision as of 19:45, 8 May 2023

1. Organic Law Article VII Section 3 item 12 which currently reads:

Treason and sedition

shall be amended to read

Crimes against the Kingdom, including treason and sedition;

2. Organic Law Article VIII Section 2 which currently reads:

The judicial authority of the Cort pü Inalt shall extend to all matters, in law and equity, arising out of a case or controversy; and in all matters affecting ambassadors, public ministers, the State of the Kingdom of Talossa (including its organs), and a Province or other subdivision recognized by this Organic Law, the Cort pü Inalt shall have original jurisdiction. In all other cases, the Cort pü Inalt shall have appellate jurisdiction both as to law and fact over all inferior corts established by the Ziu. Nothing stated herein shall limit the authority of the Cort pü Inalt from remanding a matter to which the Cort pü Inalt has original jurisdiction to an inferior cort as it deems necessary.

shall be amended to read:

The judicial authority shall extend to all matters, in law and equity, arising out of a case or controversy.

The Cort pü Inalt shall have original jurisdiction on disputes relating to the organicity of laws and acts having the force of law; on conflicts of attribution between the organs of the Regipäts, and those between the State and the Provinces and between the Provinces or other subdivision recognized by this Legeu Orgänic; on complaints of annulment of a sentence as defined and within the limits set by statutory law; and in all matters affecting ambassadors and those explicitly attributed to it by the Legeu Orgänic.

In all other cases, the Cort pü Inalt shall have appellate jurisdiction both as to law and fact over all inferior or nisi prius corts.

No appeal is allowed against decisions of the Cort pü Inalt.

Nothing stated herein shall limit the authority of the Cort pü Inalt from remanding a matter to which the Cort pü Inalt has original jurisdiction to an inferior cort as it deems necessary.

When the Cort pü Inalt declares the organic illegitimacy of a provision of a law or an act having the force of law, the provision shall cease to have effect immediately.

3. the Seventh Covenant of the Organic Law which currently reads

No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.

shall be amended to read

No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs. Permissible penalties for crimes are established by statutory law.

4. the Ninth Covenant of the Organic Law which currently reads

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.

shall be amended to read

In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury or a tribunal of the Crown regulated by statutory law. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence. Trials in absentia are permitted within the limits set by law.

5. the Twelfth Covenant of the Organic Law which currently reads

Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.

shall be amended to read

Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime as established by statutory law, or as a result of relevant electoral or census law. No sentence of banishment or revocation of citizenship imposed in a criminal trial shall be effective unless confirmed by the Cort pü Inalt.

6. Lexh.A.1.1 and A.1.2 which currently read

1.1. Talossan courts shall interpret Organic and Statute Law through the lens of the Covenants of Rights and Freedoms, and otherwise in accordance with Talossan juridical precedent. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.

1.2. Only crimes described in Talossan Organic and Statute Law may be prosecuted in Talossan courts.

shall be amended to read

1.1. Talossan courts shall interpret Organic and statutory Law through the lens of the Covenants of Rights and Freedoms, and otherwise in accordance with Talossan juridical precedent as defined by the Organic Law. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding. 1.2. Only crimes described in Talossan Organic and statutory Law may be prosecuted in Talossan courts.