[Draft]Second Amendment to the State Code

[Theoden Sebastian]

Through the ongoing discussions regarding the Criminal Code, I realized that certain provisions particularly for Section 5 and Section 6 needed to be amended:

Spoiler

1. The Pschent will be the judicial council of Osiris, comprised of three Elders of the Pschent appointed by the Pharaoh with the approval of the Deshret. Elders of the Pschent will not serve as Pharaoh, Vizier, Scribe of the Hedjet, Guardian of the Atef, or Keeper of the Deshret and will not serve as junior officials for any of these offices for the duration of their service on the Pschent.

(a) Only citizens of Osiris may be appointed to the Pschent.

(b) Elders may maintain active involvement in Priesthoods of the Hedjet and may serve as Councilors of the Deshret while serving as Elders.

2. The Pschent will have the power to make and revise its own procedural rules.

3. The Pschent will have the power to nullify any law or portion of law that contradicts this Code, and to order the cessation of any government action that violates this Code or the laws of Osiris. The Pschent may only exercise this power if petitioned to do so by an affected citizen of Osiris.

4. The Pschent will have the power to hear prosecution of alleged criminal offenses by the Scribe of Justice or their deputy, to decide guilt or the lack of it, and to determine penalties for guilty parties according to the standards established by law.

5. Decisions by the Pschent amount to interpretation of the law, and those decisions and interpretation are binding on the Pschent and all government bodies and officials.

6. Unless otherwise noted by this Code, all decisions by the Pschent will be made by simple majority vote.

1. The Pschent of Osiris will be vested with the judicial power. Such will include the power to:

(a) settle actual disputes involving legally demandable and enforceble rights and,

(b) nullify any law or portion of law that contradicts this Code, and to determine whether or not any government action violates this Code or the laws of Osiris. The Pschent may only exercise this power of review if petitioned to do so by an affected citizen of Osiris.

2. The Pschent will be comprised of a Chief Elder and two other Elders, appointed by the Pharaoh with the approval of the Deshret. Members of the Pschent shall not serve as Pharaoh, Vizier, Scribe of the Hedjet, Guardian of the Atef, or Keeper of the Deshret and will not serve as junior officials for any of these offices for the duration of their service on the Pschent.

(a) Only citizens of Osiris may be appointed to the Pschent.

(b) Elders may maintain active involvement in Priesthoods of the Hedjet and may serve as Councilors of the Deshret while serving as Elders.

2. The Pschent will have the power to make and revise its own procedural rules.

3. Decisions by the Pschent amount to interpretation of the law, and those decisions and interpretation are binding on the Pschent and all government bodies and officials. Doctrines or decisions laid down by the Pschent may be overturned by the Pschent sitting en banc.

4. Unless otherwise provided, decisions by the Pschent will be made by simple majority vote.

Spoiler

(g) Citizens will have the right, during all criminal prosecutions, to be informed of the cause of the action against them, and will enjoy a presumption of innocence until proven guilty. They will have the right to represent themselves or to be represented by counsel in a speedy, impartial, and public trial. Trial may proceed notwithstanding a defendant's absence provided that due notice has been given and the defendant's absence is beyond justification.

(g) Citizens will have the right, during all civil and criminal proceedings, to be informed of the cause of the action against them, and will enjoy a presumption of innocence until proven guilty. They will have the right to represent themselves or to be represented by counsel in a speedy, impartial, and public trial. Trial may proceed notwithstanding a defendant's absence provided that due notice has been given and the defendant's absence is beyond justification.

Your thoughts?

[Andrew]

Looks good through the first scan

[Theoden Sebastian]

Bumping this.

[Cormac]

I'm not entirely sure I could support this, for the following reasons:

• Is this meant to introduce civil suits between citizens, in addition to civil suits by citizens against the government? If so, I'm opposed to the former as I believe they will introduce frivolous legal action into a region that doesn't need it.
• I'm not sure I see the need to mandate a Chief Elder. I'm comfortable with letting the Pschent decide how it will organize itself through its procedural rules.

Those are my thoughts, anyway.

[Theoden Sebastian]

Thank you for those, Cormac

Is this meant to introduce civil suits between citizens, in addition to civil suits by citizens against the government? If so, I'm opposed to the former as I believe they will introduce frivolous legal action into a region that doesn't need it.

Indeed, it is meant to enable actions between citizens. We know very well that in NS life, as it is true for RL, it is possible that other citizens will injure, prejudice the legally demandable and enforceable rights of others. They need protection, not just from the government, but also from their fellow citizens, especially for offenses that are purely civil in nature.

I believe the Pschent can determine if there is substance between each and every legal action that is filed before it. To say that legally enabling a citizen to file an action against other citizen will automatically give rise to frivolous lawsuits is a rather hasty generalization. In our present arrangement, where only criminal actions are permitted, it is in fact entirely possible as well, to have frivolous lawsuits. Still, the Court, our Pschent c

Want I want is to remove a constitutional restriction on civil actions, which the current provision in the State Code provides. This does not mean that the Deshret will then have to immediately provide a separate code for civil offenses. That can come at a later time. But the Deshret, and the Pschent must not be restrained as regards defining and taking cognizance of civil actions.

I'm not sure I see the need to mandate a Chief Elder. I'm comfortable with letting the Pschent decide how it will organize itself through its procedural rules.

I would want such office to be constitutionally established, but after consideration of this, I am willing to let it go.

[Juris Lancaster]

Honestly, either this body, or the Pschent will eventually determine some sort of "Chief Justice" position. Its going to happen one way or another.

I personally don't mind having a Chief Elder position, there certainly does need to be a head administrator of the court. Most other NS and RL governments use this method.

As far as civil cases are concerned. I would like to posit, that we establish some sort of custom (or even a rule) that frivolous suits are to be looked down upon as a waste of time and resources. Further, frivolous cases should be thrown out. I know, that if indeed I am confirmed for the Pschent, that I will ask my colleagues to allow for some sort of Pre-Trial phase where a threshold of evidence must be met before a case could be considered for trial.