IDUSA Assembly Hall (MegaThread)

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Libertas Omnium Maximus
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IDUSA Assembly Hall (MegaThread)

Post by Libertas Omnium Maximus » Wed Sep 04, 2019 5:23 am

The IDUSA Hall

Welcome to the IDUSA Assembly Hall! This thread is your permanent general thread for discussing all things IDUSA.

What Belongs Here
  • New Ideas for Legislation
  • Questions regarding the IDUSA
  • Issues that should be addressed regarding any aspect of the IDUSA
  • General debate pertaining to IDUSA affairs
What Doesn't Belong Here
  • Legislation proposals (You should make a new thread when you post a proposal)
  • Discussion directly pertaining to proposed legislation (that goes in the thread for the proposal)
  • Discussion not pertaining to the IDUSA in any way
  • Spam :twisted:
Enjoy!

Democratic Republic Of Eiria
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Re: IDUSA Assembly Hall (MegaThread)

Post by Democratic Republic Of Eiria » Thu Oct 31, 2019 5:57 am

So, I was scrolling through IDU Legislation, and I noticed we didn't have a piece of Legislation going into furher detail on the Judicial Committee. So, here's my idea:
The Judicial Foundation Act
§1: The Judiciary Committee
1. The Judiciary Committee shall be comprised of three equal Judges, each tasked with upholding the laws and by-laws of the IDU to the intent of which they were written, most importantly the IDU Charter.

2. As stated the second section of the IDU Charter, The Judges shall be nominated by the Delegate, and Confirmed in the State Assembly via a majority vote. Judges should have a calm demeanor, as well as being active participants in regional affairs and Roleplay and must also have the ability to fairly see both sides of an argument. Each Judge, if appointed, shall have a seat for life, Until they either cease to exist in NS and the IDU forums, Resign, or are Impeached. If a Judge Ceases to Exist, but reappears within two weeks, they shall retain their position.

3. A Judge can be Impeached, in which case, a motion of impeachment must be brought up to the Delegate, and the Delegate may decide if the Motion has merit. If so, a Trial Would be held(Trial Details in Section 2), with the Delegate or a Proxy serving as the Judge, and after the trial, the IDUSA voting as a jury of the Judge's fate.

§2: Trial Law and Judicial Jurisdiction:
1. The Judicial Committee's primary purpose is to uphold the law of the IDU. To do so, the Committee may hold a trial if the IDUSA has voted to accuse a nation of breaking one of said laws. The Speaker, or a Proxy, would serve as the prosecutor, with the Defendant either representing themselves or having a Proxy represent them. After the Trial, the judges will adjourn to discuss and to come up with a verdict, which is reached with a vote between the Judges.

2. If a Judge faces a conflict of interest that would interfere with their duty to fairly judge a trial, they have a duty to relinquish themselves from that case.

3. If a tie occurs(Which could only happen if a Judge relinquishes themselves from a case), it falls to the remaining Judges to come up with a compromise.

4. The Judiciary Committee, In Conjunction with the IDUSA, is obligated to come up with Penalties for breaking IDU regulations.

5. If a Trial of an Elected official occurs, most of the above trial Law is the same, with the Speaker serving as the prosecutor (If the Speaker is the Defendant, the Judges must choose a Proxy), the Defendant representing themselves or having a Proxy, and the Judges presiding. If the Elected official Is a Judge, and the Motion for an Impeachment Trial has been approved by the Delegate, The Accusing party will be the Prosecutor, the Judge or a Proxy as the defendant, and the Delegate as the Judge. However, in this case, after the Trial, the IDUSA will vote on the judges fate.

6. As stated in the Charter, Additional Trial Law and Procedure shall be regulated by the Judicial Committee.
Last edited by Democratic Republic Of Eiria on Thu Nov 14, 2019 6:20 am, edited 5 times in total.

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Libertas Omnium Maximus
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Re: IDUSA Assembly Hall (MegaThread)

Post by Libertas Omnium Maximus » Sat Nov 02, 2019 5:54 am

First off, I would like to commend you for taking the initiative on this piece of legislation. You jumped right in and produced an idea that I believe has real merit to it. Great work!

I think you have the foundation of a great piece of legislation here. It’s quite well thought out and I would very much like to see this on the voting room floor. I won’t be addressing any grammatical/formatting issues or word choice here (that is for the Voting Floor). Instead, I intend to simply take a look at the concept as a whole and give my thoughts on it.

I agree with 3 judges. 5 would be too unwieldy and 4 and 2 could result in ties. With that said, I do not think the delegate should have a vote in the event of a conflict of interests. I believe it should be left to the two remaining judges to come to a consensus. Additionally, I feel that it would be more appropriate to have judges serve for life. If they CTE or resign a new one is appointed.

I also think it is essential that you include the procedure for cases where an elected official is accused.

Aside from that I think you have the foundation of a very good by-law. I look foreword to seeing this develop over time! Happy drafting!

Democratic Republic Of Eiria
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Re: IDUSA Assembly Hall (MegaThread)

Post by Democratic Republic Of Eiria » Sat Nov 02, 2019 3:32 pm

Libertas Omnium Maximus wrote:
Sat Nov 02, 2019 5:54 am
First off, I would like to commend you for taking the initiative on this piece of legislation. You jumped right in and produced an idea that I believe has real merit to it. Great work!

I think you have the foundation of a great piece of legislation here. It’s quite well thought out and I would very much like to see this on the voting room floor. I won’t be addressing any grammatical/formatting issues or word choice here (that is for the Voting Floor). Instead, I intend to simply take a look at the concept as a whole and give my thoughts on it.

I agree with 3 judges. 5 would be too unwieldy and 4 and 2 could result in ties. With that said, I do not think the delegate should have a vote in the event of a conflict of interests. I believe it should be left to the two remaining judges to come to a consensus. Additionally, I feel that it would be more appropriate to have judges serve for life. If they CTE or resign a new one is appointed.

I also think it is essential that you include the procedure for cases where an elected official is accused.

Aside from that I think you have the foundation of a very good by-law. I look foreword to seeing this develop over time! Happy drafting!
Fully Edited, plus I added spacing and fixed a few things so it flows better.

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Re: IDUSA Assembly Hall (MegaThread)

Post by Laeral » Sat Nov 02, 2019 5:10 pm

I had some of the same concerns as LOM regarding electing judges; I agree that a term lasting as long as the existence of the Judge makes sense. I think we should also specify that if a judge CTEs but returns within a certain period of time (let's say two weeks) they can keep their seat, just in case Judges accidentally CTE.

I think that we should also specify a few conditions for the nations picked as nominees. The Delegate at the time that this legislation is passed will have tremendous power to shape the makeup of the Judiciary Committee, as they'll be picking all three members. We may want to specify some qualities that the Delegate should look for while picking (ie, an established player known for being levelheaded and having served in regional office before) or possibly even set some requirement for nominees.

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Re: IDUSA Assembly Hall (MegaThread)

Post by Libertas Omnium Maximus » Sat Nov 02, 2019 11:00 pm

I would suggest moving this to a voting room floor thread if you want to. Your idea certainly needs some refining but you have put forth a concept that I believe should be considered officially. If you need any help formatting it, send me a DM or TG.

I might also add that anything we say is nothing more than a suggestion. Nothing I say is law. If you ever have an idea that you truly believe must be included in your draft, you should include that in the final piece, regardless of if I don't think it should be included.

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