[CRL] The Allowing the Chief Legal Advisor to Seek Advice Amendment

[Breneir Tzaracomprada]

Whereas, presently the King, Seneschal, and Secretary of State can request an advisory opinion from the Cort pü Inalt, and

Whereas, presently the Government's chief legal advisor, the Avocat-Xheneral, can't request an an advisory opinion from the Cort pü Inalt, and

Whereas, it seems reasonable for the Government's chief legal advisor to have the ability to also seek advice from the Judiciary.

Therefore, be it enacted by the Ziu of the Kingdom of Talossa that Article VIII, Section which currently reads as:

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 Seneschal 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 Seneschal, or the Avocat-Xheneral 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.

Uréu q'estadra så
Breneir Tzaracomprada (MC-Open Society)

[Breneir Tzaracomprada]

I'd like to start the 10 day Hopper clock on this one now.

[Breneir Tzaracomprada]

I'd like to start the 10 day Hopper clock on this one now.

Quick note for folks concerned with things sneaking under the radar. Comments and suggestions for improvements are welcome as this will be submitted to the CRL after the 10 day requirement is met.

[Sir Lüc]

Ah, by the way: the AX's Little Helper Act, which passed last term, was unscribable/unapplicable because it amended a piece of legislation that no longer existed (Title H having been fully rewritten in the previous Clark). I heartily suggest this be fixed either by PD or by passing the bill again with the correct references to what articles are being amended.

[Breneir Tzaracomprada]

Ah, by the way: the AX's Little Helper Act, which passed last term, was unscribable/unapplicable because it amended a piece of legislation that no longer existed (Title H having been fully rewritten in the previous Clark). I heartily suggest this be fixed either by PD or by passing the bill again with the correct references to what articles are being amended.

Thank you Sir Luc

[Breneir Tzaracomprada]

Ah, by the way: the AX's Little Helper Act, which passed last term, was unscribable/unapplicable because it amended a piece of legislation that no longer existed (Title H having been fully rewritten in the previous Clark). I heartily suggest this be fixed either by PD or by passing the bill again with the correct references to what articles are being amended.

@Miestră Schivă, UrN Madam PM, would you be willing to fix this by PD? It did pass through Hopper and CRL scrutiny. I can also submit a new bill if that is preferred.

[Breneir Tzaracomprada]

@Ian Plätschisch @Sir Txec dal Nordselvă, UrB @þerxh Sant-Enogat

Would one of you please move this to the CRL?

[Breneir Tzaracomprada]

Bumping to follow up on my request for this to be moved to the CRL @Sir Txec dal Nordselvă, UrB Mr. Secretary, are you able to do this?

[Breneir Tzaracomprada]

@þerxh Sant-Enogat