Fifth Amendment

From TCB Wiki
Jump to: navigation, search
Fifth Constitutional Amendment 2016
Coatofarms.png
Central Committee
An act to amend the Constitution to allow voters more transparency in constitutional referendums.
Citation LA0CO6
Date passed May 3, 2016
Date signed May 5, 2016
Signed by Approved at Referendum
Date commenced May 5, 2016
Administered by The People's Tribunal
Introduced by Proposed by Piper Winter and written by Zenny Winter
Summary
Amended the structure of the Judicial Branch
Status: Applied to Constitution at Time


Fifth Constitutional Amendment 2016

An act to reform the judiciary system of TCB.​

Now, therefore, BE IT ENACTED by the order of the glorious Constitution of this People's Republic, by and with the advice and consent of the democratically elected representatives of the Central Committee of the Workers' Party, in holding the public mandate, in this present committee assembled, and by the authority of the same, as follows-

ARTICLE I - Short Title​

(1) This act may be cited as the “Judiciary Reforms”.

ARTICLE II- Definitions​

(2) “Criminal” and “Civil” matters refer to definitions and offences as defined within the Criminal Code of TCB.

(3) “Principal Act” shall refer to the current bill here presented.

ARTICLE III - Provisions​

Amendments

(4) This act shall repeal and amend in its entirety, Article VI: The People’s Court of the Communist Bloc in the Constitution. Henceforth, Article VI shall refer to ‘The People’s Tribunal of the Communist Bloc’.

(5) This act authorises the amendment of references to the former Judiciary to correctly reference the new Judiciary branch where appropriate and if the corresponding acts or articles remain relevant.

Jurisdiction

(6) The People’s Tribunal shall have jurisdiction over criminal and civil matters, as well as appeals.

(7) The People’s Tribunal may be allocated additional jurisdiction as per executive order, or legislation passed by the Central Committee.

(8) The People’s Tribunal may rule on the legality of executive orders, legislation and amendments in accordance to the constitution or other existing law.

(9) The People’s Tribunal shall rule on the impeachment of an individual official and a 2/3 majority shall be required of the Quorum for conviction.

(10) The People’s Tribunal may define their own procedure. All records of trial must be made available to the public.

Members of the Tribunal

(11) The Tribunal will be led by the Head Administrator. The Head Administrator will oversee the Tribunal and may assign cases to an Administrator who will act as the lead member of a trial and moderate proceedings.

(12) The composition of the People’s Tribunal shall consist of all members of the Administration Council, at least two members of the Central Committee that are selected by the Central Committee, and at least one citizen of good standing with approval from the Central Committee.

(13) The Central Committee members or citizen(s) must not occupy an Administration position.

Quorum

(14) All Tribunal sessions require a quorum of three Tribunal members in order to try a case.

(15) Sitting members of a trial must not be directly involved in the charges either as the offender, victim, or accessory to the offence.

(16) When forming a Quorum, at least one member must be a sitting member of the Central Committee.

(17) It is the responsibility of the administrator assigned to lead the trial to form the required Quorum.

Impeachment of a Tribunal member

(18) The Central Committee may motion for the impeachment of a Tribunal member due to misconduct which must pass with 3 / 4 in favour. The impeached member may not be reappointed for at least one month.

(19) The Tribunal, at the direction of the Head Administrator may call for impeachment of one of its own and an internal majority vote must pass to take effect.

ARTICLE IV - Schedule​

(20) The principal act shall come into force immediately upon passage of the Central Committee and of a referendum voted by all members of the Party.

(Proposed and written by Piper Winter and Zenny Winter)

Amended From

Article VI: The People’s Court of The Communist Bloc

(1) The People’s Court of the People’s Republic of The Communist Bloc shall be established.

(2) The People’s Court shall be divided into two separate courts: the People’s Criminal Court, and the People’s Court of Appeals.

(3) The People’s Criminal Court shall have all jurisdiction concerning all criminal and civil manners within The Communist Bloc. The People’s Court of Appeals shall be responsible for all appeals from the People’s Criminal Court, as well as the constitutional reviews of all laws and Executive Orders.

(4) Each lower Court shall be directed by a People’s Justice, to be appointed by the General Secretary on the advice of the Supreme People’s Justice for a term not to exceed three months. The entire People’s Court shall be led by a Supreme People’s Justice, appointed by the General Secretary, for a term not to exceed six months. All judicial appointments shall be approved by a simple majority vote by the Central Committee.

(5) Each Justice shall work independently of each other, and no two Justices may collaborate on the same case. In cases of appellate jurisdiction, the case must be heard by a different Justice than previously.

(6) In the impeachment of public officials, all Justices shall together try the case, and their unanimous decision shall be required for conviction.