[PASSED] Pschent Reform Bill
Posted: Sat Sep 12, 2015 8:56 pm
The following proposal has been motion to vote and seconded by two other Councillors of this Deshret. The text is as follows:
Councilors shall vote Aye, Nay or Present. Voting shall end on the 18th of September 2015.
Spoiler
Pschent Reform Bill wrote:
Section 1: Criminal Trials and Appeals
1. This Section shall apply for proceedings before the Pschent arising from valid charges of crimes contrary to the Criminal Codex of the Osiris Fraternal Order Act.
2. All valid charges that appear to one or more Elders of the Pschent to be supported by sufficient evidence as to require further investigation shall be tried before a Court of First Instance in accordance the rules of the Pschent.
3. Courts of First Instance shall consist of a single Elder, selected in such manner as the rules of the Pschent shall prescribe, who shall determine guilt or lack thereof and sentence.
4. After a verdict has been made by a Court of First Instance, there shall be a period of seven days during which the verdict or sentence may be appealed by the defendant or the Scribe of Justice or their deputy.
(a) Where a sentence is issued after a verdict, the period for appeal shall be counted from the date of sentence.
5. All appeals that appear to one or more Elders of the Pschent to require further investigation shall be tried before a Court of Appeal in accordance with the rules of the Pschent.
6. Courts of Appeal shall consist of three Elders, selected in such manner as the rules of the Pschent shall prescribe, who shall determine the appeal and may confirm, vary or overturn the decision being appealed.
7. The decisions of Courts of Appeal shall be made by a majority of their membership and shall not be liable to further appeal.
Section 2: Judicial Reviews
1. This Section shall apply for proceedings before the Pschent arising from applications for judicial review.
2. All applications for judicial review that appear to one or more Elders of the Pschent to be made by an affected citizen and to require further investigation shall be tried before a Court of Appeal in accordance with the rules of the Pschent.
3. Courts of Appeal shall consist of three Elders, selected in such manner as the rules of the Pschent shall prescribe, who shall determine the review and make such orders as are necessary to give effect to their determination.
4. The decisions of Courts of Appeal shall be made by a majority of their membership and shall not be liable to appeal.
Section 3: Conflicts of Interest and Temporary Appointments
1. Where an Elder of the Pschent holds an interest in a charge, appeal or application brought or made under the preceding Sections of this Act, that Elder shall not participate in the making of any decision or determination in such proceedings and their office shall be considered vacant for such proceedings.
2. Where the absences or vacancies of one or more Elders of the Pschent result in there being no Elder to accept a charge, appeal or application brought or made under the preceding Sections of this Act, a citizen shall be appointed as Elder ad hoc and shall determine whether the charge, appeal or application requires further investigation.
(a) Any Elder ad hoc appointed by virtue of this Subsection shall serve as an Elder ad hoc on the court constituted as a result of their determination, should their determination require the constitution of a court.
3. Where the absences or vacancies of one or more Elders of the Pschent results in a Court of First Instance or a Court of Appeal lacking sufficient members, a citizen or citizens may be appointed as Elders ad hoc for the duration of a proceeding before the Court to which they are appointed.
4. Appointments by virtue of the preceding Subsections shall be made by the Pharaoh, subject to the following:
(a) Where the vacancy or absence results in the lack of a single member of a Court of Appeal, the agreement of two Elders of the Pschent who are not absent shall be necessary for such appointment to be valid.
(b) Where the vacancy or absence results in the lack of two members of a Court of Appeal, the agreement of one Elder of the Pschent who is not absent, and of the Keeper of the Deshret shall be necessary for such appointments to be valid.
(c) Where the vacancy or absence results in the lack of all members of a Court of First Instance or Court of Appeal, or of any Elder capable of accepting a charge, appeal or application, the agreement of the Keeper of the Deshret, and of whichever Guardian of the Atef is first in the Pharaonic line of succession and who is not also Keeper of the Deshret shall be necessary for such appointments to be valid.
5. In relation to any case for which they are appointed, Elders ad hoc may exercise all powers of and shall hold responsibilities of Elders.
Section 4: Definitions
1. For the purpose of this Act, the following definitions shall apply:
(a) An "absence" shall mean any period of time during which a person has declared themselves absent or any period of time after a person does not log onto the regional forum for seven days and before the next time they log onto the regional forum.
(b) A "vacancy" shall mean any period of time during which an office has no holder, due to the holder having resigned or been removed, or is treated as having no holder for a time for any reason.
(c) An "interest" shall mean involvement in a charge, appeal or application, in the form of being a party in a case, counsel for any party in a case, a member of a Court that made the decision being appealed, or having some other substantial involvement in the matter or matters that have led to the charge, appeal or application.
(d) A "valid charge" shall mean a charge of any crime contrary to the Criminal Codex of the Osiris Fraternal Order Act that is not precluded by Section 8 of that Act.
(e) A "judicial review" shall mean a challenge to the lawfulness or constitutionality any act or omission of any official of the Osiris Fraternal Order or any law or rule made by any organ of the Osiris Fraternal Order.
Section 5: Consequential Ammendments to the State Code
1. In the State Code of the Osiris, after clause 4.1(b), a new clause is inserted that reads:2. Subsection 4.2 of the State Code of Osiris is amended to read:(c) Provision for temporary appointments may be made by law for absences of Elders, vacancies in the Pschent, or conflicts of interest.3. Subsection 4.6 of the State Code of Osiris is amended to read:2. The Pschent will have the power to make and revise its own procedural rules. This power may be exercised by any two Elders, if there are fewer than two Elders this power may be exercised by a single Elder.6. Decisions of the Pschent shall be made in accordance with this Code, other laws and the rules of the Pschent.
Section 6: Enactment Provisions
1. No provision of this Act shall take effect unless all provisions of this Act take effect.
2. Should this Act take effect, Sections 5 and 6 of this Act shall be struck from the public record.
Spoiler
Section 4: Pschent of Osiris
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.
(c) Provision for temporary appointments may be made by law for absences of Elders, vacancies in the Pschent, or conflicts of interest.
2. The Pschent will have the power to make and revise its own procedural rules. This power may be exercised by any two Elders, if there are fewer than two Elders this power may be exercised by a single Elder.
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.Decisions of the Pschent shall be made in accordance with this Code, other laws and the rules of the Pschent.
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.
(c) Provision for temporary appointments may be made by law for absences of Elders, vacancies in the Pschent, or conflicts of interest.
2. The Pschent will have the power to make and revise its own procedural rules. This power may be exercised by any two Elders, if there are fewer than two Elders this power may be exercised by a single Elder.
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.Decisions of the Pschent shall be made in accordance with this Code, other laws and the rules of the Pschent.