Jylien Barwald, Press Secretary of the Daarwyrthian delegation: In light of the repeal draft of GAR #374 “The Rule Of Law" that the delegation from Greater Cesnica has co-authored with us, we hereby present the replacement draft for this repeal, with our friends from Greater Cesnica as the co-authoring delegation. As always, feedback and commentary are most welcome.
Cognizant of the recently repealed GAR #374 “The Rule Of Law” that mandated liability and responsibility for the actions and decisions of government officials and institutions of member nations before the law,
Adamant to restore the principles of the rule of law in a manner that truly embodies the spirit of this noble ideal, so as to ensure that this fundamental component of governance will stand firm on pillars of fairness and justice, and will ward off both arbitrary or discriminatory punishment,
The General Assembly hereby:
- Defines "legislative immunity" as immunity from prosecution or litigation for actions conducted in the context of legitimate legislative activity such as the casting of votes or the debating of legislation,
- Establishes that all private and public individuals, officials, entities, and institutions, as well as the state itself and its administrative and political subdivisions are to be held accountable for the acts and decisions that have been made during the employ, tenure, appointment or existence of the aforementioned. Such accountability shall be under either the national, regional, and/or local laws of member states, where applicable, as well as under any guidelines and/or disciplinary measures that may be in use by a particular organization,
- Requires that all member nations have the principles of the supremacy of the law and accountability to the law enshrined in the highest form of their national law,
- Clarifies that:
- member states may extend legislative immunity to individuals empowered to conduct legislative activity; and that
- officials or institutions empowered to do so may carry out acts of clemency such as pardons and commutations, provided that such acts comply with extant or future General Assembly legislation and the spirit of this resolution.
Co-authored with Greater Cesnica.