Advisory Opinion Amendment

[Breneir Tzaracomprada]

This bill has undergone review by the TNC with minor amending. It adds the A-X and a grouping of 1/3rd of the Ziu as parties who would be able to request an advisory opinion from the Judiciary.

CpI Advisory Opinion Expansion Amendment

I am seeking approval to expand the number of individuals authorised to submit a request for an advisory opinion to the Cort Pu Inalt. Currently, it is limited to the King, Seneschal, and Secretary of State.

Article VIII, Section 6

Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, or the Senechal may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

Is amended to read as follows:

Article VIII, Section 6

Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, the Senechal, the Avocat-Xheneral, or Ziu members representing at least 1/3rd of seats in either the Cosa and/or Senate may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

[King Txec]

My question here would be the reason behind this? I don't see a lot of requests for review from the CPI. Why add 1/3 of the Ziu? Would it make more sense to instead include the Tuischach and the Mencei instead?

[Breneir Tzaracomprada]

My question here would be the reason behind this? I don't see a lot of requests for review from the CPI. Why add 1/3 of the Ziu? Would it make more sense to instead include the Tuischach and the Mencei instead?

One reason is to have the legal advisor of the Government (Avocat-Xheneral) be able to request an opinion like the SoS and Seneschal can. It seems reasonable for an official such as this to also be able to do so. The Tuischach and Mencei could be a part of the 1/3rd grouping.

There was a concern that one or two Ziu members could obstruct the legislative process but a group of 1/3 of seats would still be able to request an opinion but reduce that concern.

[Breneir Tzaracomprada]

If there are no stated objections then I will move forward with hoppering the amendment.

[Miestră Schivă, UrN]

I'm going to oppose this in the Hopper but I don't have a firm objection about it going there