[Draft]Second Amendment to the State Code
Posted: Wed Feb 12, 2014 10:07 am
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.
(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.
Proposed Amendments to Section 5 wrote: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.
Your thoughts?Proposed Amendment to Section 6 wrote:(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.