Twenty-second Amendment

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Twenty-Second Constitutional Amendment 2018
Coatofarms.png
Central Committee
An amendment to separate the Executive Branch from the Judicial Branch.
Citation LA0CO23
Date passed January 27, 2018
Date signed January 29, 2018
Signed by Approved at Referendum
Date commenced January 29, 2018
Administered by The People's Tribunal
Introduced by Nathaniel Penrose
Summary
Barred the General Secretary from serving onPeople's Tribunal and keeps ministers from voting on executive-related cases.
Status: Applied to Constitution at Time

22nd Constitutional Amendment (The Executive-Judicial Partition Amendment 2018)

An amendment to separate the Executive Branch from the Judicial Branch.

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 Communist Bloc, 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 “22nd Constitutional Amendment” or the “The Power Partition Amendment 2018”.

ARTICLE II Definitions

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

ARTICLE III Provisions

(3) Article IV of the Constitution of the People’s Republic shall now read as follows:

Jurisdiction

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

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

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

(4) 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.

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

Members of the Tribunal

(6) The Tribunal will be led by an internally selected Chief Justice, who will oversee the Tribunal and may assign cases to a Justice who will act as the lead member of a trial and moderate proceedings.

(7) The People's Tribunal shall consist of five members, who will be elected by the people every six months. Should a Tribunal member act in a manner unbecoming of their position or cease activity for a period of over two weeks the citizens may hold a referendum to recall that member.

(8) All Justices on the Tribunal shall be required to resign any party memberships and positions and identify as independent for the duration of their term, including Central Committee members who concurrently hold membership on the Tribunal.

(9) Should a Justice be elected to the position of General Secretary or a General Secretary to the position of Justice, they must relinquish one of the two positions. They may choose which to relinquish.

(10) Any Justice who concurrently holds a ministerial position will be prohibited from ruling or offering their opinion in any cases pertaining to the executive branch of government and its actions.

Quorum

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

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

(11) It is the responsibility of the Justice assigned to lead the trial to form the required Quorum.

Impeachment of a Tribunal member

(12) The Central Committee may motion for the impeachment of a Tribunal member due to misconduct or inactivity which must pass with 2 / 3 in favour. The impeached member may not be reappointed for at least one month.

(13) 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

(1) The principal act shall come into force immediately upon passage of the Central Committee with a 2/3rds majority and public referendum.

(Proposed and written by Nathaniel Penrose)