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Illegal GA Proposals 2nd edition

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Bisofeyr
Envoy
 
Posts: 289
Founded: Nov 26, 2023
Liberal Democratic Socialists

Postby Bisofeyr » Wed May 01, 2024 6:39 pm

General Assembly Resolution #79 “Ban on Ex Post Facto Laws” (Category: Civil Rights; Strength: Significant) shall be struck out and rendered null and void.

General Assembly Resolution #79“Ban on Ex Post Facto Laws” (Category: Civil Rights; Strength: Significant) shall be struck out and rendered null and void.

The World Assembly,

Praising GAR #79, "Ban on Ex Post Facto Laws", for its well-intentioned attempt to defend the rule-of-law and civil rights across the world,

Worried that the rigidity of the resolution will jeopardize nations' ability to interpret their own laws and develop their own jurisprudence,

Worried therefore that the resolution significantly increases the power of the legislative and executive branches of government at the expense of the judicial branch,

Disappointed with the resolution's failure to acknowledge the widespread and uncontroversial use of Ex-Post Facto laws in tax legislation and international crime,

Perplexed that the definition of Ex-Post Facto resolution prohibits member states from employing tools such as judicial rehabilitation or amnesty,

Baffled that the article III of the resolution is itself an Ex-Post Facto law rehabilitate Ex-Post Facto convicts who were subject of Ex-Post Facto laws, therefore recognizing the legitimity the laws that the resolution aimed to ban,

Repeals GAR#79, “Ban on Ex Post Facto Laws”

https://www.nationstates.net/page=UN_vi ... 1714601563
Honest Mistake: The definition in GA 79 do not prohibit member states from "employing tools such as judicial rehabilitation or amnesty"


Today in governments, all leaders must have literacy up to higher education, and in order to avoid malfeasance or manipulation of results for the governance of a nation, restrictions are needed:

1.Before any political right, a pre-governor must have a history of school literacy, from elementary school to higher education.

2. Any type of manipulation or corruption within the State will have to be revoked and the pre-ruler subject to the law, in addition to the temporary suspension of any political rights.

3. Whatever test is carried out, it must contain a written test about the politician, in addition to an analysis that the pre-ruler is competent or fully capable of ensuring a State without its own ends.

These must be the restrictions to have any rights over a nation.

https://www.nationstates.net/page=UN_vi ... 1714603655
I'll admit, I'm a bit lost in this proposal, but I'm pretty sure this doesn't have a functional operative clause, and if it does it is certainly not strong.


The World Assembly,

RECOGNIZING the importance of lawyers as agents who guarantee access to justice,

AIMING to enhance the profession of lawyers,

GUARANTEING fundamental rights and prerogatives inherent to lawyers and their activities,

Hereby, establishes the Statute of Lawyers, in the following terms:

Art. 1º. The lawyer is essential to the administration of justice.
§1º. In his work, the lawyer provides public service and carries out a social function.
§2º. In the exercise of the profession, the lawyer is inviolable for his acts and manifestations, within the limits of morality, good faith and the limits imposed by each nation present here.
§3º. No fear of displeasing the magistrate or any authority, nor of incurring unpopularity, should stop the lawyer from exercising his profession.

Art. 2º. The exercise of legal activity in the territories of the nations linked here and the designation of lawyer are exclusive to those registered in the Bar Associations of each country, unless otherwise provided by each nation.
§1º. Members of the Public Defender's Office and Public Prosecutor's Offices of public bodies are protected by the same rights and prerogatives of this law, unless otherwise provided by each nation.

Art. 3º. The lawyer works, in or out of court, proving the mandate through a proxy instrument.
§1º. The lawyer, stating urgency, can act without a power of attorney, obliging himself to present it at a later time.

Art. 4º. There is no hierarchy or subordination between lawyers, magistrates and members of the Prosecution Service, and everyone must treat each other with mutual consideration and respect.

Art. 5º. The lawyer's rights are:
I - freely exercise the profession throughout the territory of their nation, unless otherwise provided by each country regarding territoriality;
II – the inviolability of your workplace, your work instruments and your correspondence, as long as they relate to the practice of law;
III - communicate with your clients, even without a power of attorney, when they are imprisoned in civil or military establishments, even if considered incommunicable;
IV - enter freely:
a) in court session rooms, even beyond the barriers that separate the part reserved for magistrates;
b) in the rooms and facilities of the Judiciary Power and, in the case of police stations and prisons, even outside working hours and regardless of the presence of their holders;
c) in any premises where a judicial office or other public service operates where the lawyer must perform an act or collect information useful for the exercise of his professional activity, and be attended to, as long as any civil servant or employee is present;
d) in any assembly or meeting in which your client participates or may participate, provided that it is provided with a power of attorney;
V - address the magistrates directly in the work rooms and offices, regardless of any conditions;
VI – complain against any non-compliance with legal provisions;
VII - examine records of completed or ongoing processes, even without a power of attorney, when they are not subject to secrecy or judicial secrecy, ensuring that copies are obtained;
VIII - refuse to testify as a witness in a process in which he has acted or acts as a lawyer, as well as about a fact that constitutes professional secrecy;

Art. 6º. It is a crime to violate the right or prerogative of a lawyer provided for in the articles of this law.

https://www.nationstates.net/page=UN_vi ... 1714612329
Real-world reference ("Bar associations"), likely more but I'm on a time crunch and that's the one I saw immediately.

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The Ice States
GA Secretariat
 
Posts: 3028
Founded: Jun 23, 2022
Compulsory Consumerist State

Postby The Ice States » Wed May 01, 2024 6:44 pm

Thanks for this! I've marked the first two illegal; I don't think "Bar Associations" is a real-world reference, I read it as just the common noun "bar association", although it is improperly capitalised.
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