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Archive of the Government of Yohannes Act 2017

Where nations come together and discuss matters of varying degrees of importance. [In character]

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Yohannes
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4.3. The Registration of Voters

Postby Yohannes » Sat Jul 15, 2017 12:10 am

4.3. The Registration of Voters


The Imperial Vote Collection Company is a state-sponsored enterprise of the government. Under provision of the Imperial Electoral Amendment Act of 1990, it is tasked to deal with matters relating to the identification and registration of voters. It is also tasked with matters indirectly related to the registration of voters, such as the logistics (i.e. providing the right equipment, computer or other services to provide ease of registration).

The head of the agency, a Chief Executive Officer appointed by the Chancellor once every three years, and answerable to the appropriate parliamentary select committee, has the power to formally entrust, under record, her or his power to any registered public servants or officers of the Imperial Electoral Court. This power, however, cannot be assigned to a second candidate, in turn, by that person, unless that person has signed a record of special obligation. This would allow the public servant or officer chosen to act as a representative of the Chief Executive Officer outside the company.

In the absence of proof of special obligation, she or he chosen as representative are expected to act under the terms of the Chief Executive Officer. Any transfer of power can be revoked or cancelled by the Chief Executive Officer. Further, the transfer of power to another candidate does not prevent her or him from exercising her or his power, on the ground. If, or when, the Chief Executive Officer leaves office, the power transferred will not be revoked, unless such revocation has been made by the new head of agency. The Chief Executive Officer may appoint another officer or employee of the Imperial Electoral Court to act as her or his informal, temporary deputy. The deputy is subject to her or his control, but may otherwise exercise all of her or his duties and powers.

For on the ground operation, the Chief Executive Officer must appoint an Imperial Registrar of Voters for each collegian district and parliamentary electorate. In contrast with the Clerk and Officer of the Voters, whose task is to control elections, a registrar has the power to keep electoral rolls in her or his assigned electorate or district. In accordance with the introductory principle of Limited Separation of Powers, each registrar must be an employee of the Justices of the Peace, appointed either by name or as the holder of a specified office, and must be stationed in a designated local electorate office, for each election cycle at the imperial level.

The Chief Executive Officer may also appoint an employee of the Ministry of Justice to act as an assistant for the registrar of a collegian district or parliamentary electorate. Under the terms of the registrar, her or his deputy may exercise her or his power on the ground. In similarity with a Clerk and Officer of the Voters, a registrar or her or his assistant cannot hold any formal or voluntary membership in any parties or partisan organisations.
Last edited by Yohannes on Sat Jul 15, 2017 12:16 am, edited 3 times in total.
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4.4. The Qualification of Voters

Postby Yohannes » Sat Jul 15, 2017 5:45 pm

4.4. The Qualification of Voters


For a person to qualify formally as an Imperial Voter in a collegian district or parliamentary electorate, she or he must meet the following criteria:

    1. Be above the age of twenty.

    2. Be a citizen of any of the following countries:

      2.1. The Kingdom of Alexandria, in the name of Her Majesty Garnet Til Alexandros, the Queen of Alexandria.

      2.2. The Regency of Lindblum, in the name of His Royal Sovereign Cid Fabool the Ninth, the Regent of Lindblum.

      2.3. The Kingdom of Burmecia, in the name of His Royal Majesty Freya the Tenth, the King of Burmecia.

      2.4. The Grand Duchy of Dali, in the name of His Royal Highness Garland the Third, the Grand Duke of Dali.

      2.5. The Grand Duchy of Donata, in the name of His Royal Highness Akarana the Ninth, the Grand Duke of Donata.

      2.6. The Noble Republic of Treno, in the name of His Illustrious Highness Johannes Alqvist, the Crown Noble of Treno.

      2.7. The Grand Duchy of Kradenmark, in the name of Her Royal Highness Marie-Louise the Sixth, the Grand Duchess of Kradenmark.

      2.8. The Duchy of Blomgren, in the name of His Royal Highness Wilhelm the Second, the Duke of Blomgren.

      2.9. The Merchant Republic of Alseca-Lorin, in the name of The Excellency Ms Britt-Louise Sandström Forsberg, the President of Alseca-Lorin.

      2.10. The Merchant Republic of Landburg, in the name of The Excellency Mr Erik Afzelius Holmström, the President of Landburg.

      2.11. The Principality of Ahlgren, in the name of His Serene Highness Ståle the Third, the Prince of Ahlgren.

      2.12. The Unitary Republic of Molander, in the name of The Excellency Mr Phillip Totleben Neuhaus, the President of Molander.

      2.13. The Democratic Republic of Cederström, in the name of The Excellency Mr Oscar Sheu Von Weber, the President of Cederström.

      2.14. The Royal Realm of Cleyra, in the name of Her Serene Highness Claudia the Sixth, the Princess of Cleyra.

      2.15. The Duchy of Gizamaluke-Grotto, in the name of His Royal Highness Trystan the Fourth, the Duke of Gizamaluke-Grotto.

      2.16. The Duchy of Ice Cavern, in the name of His Royal Highness Myrddin the Third, the Duke of Ice Cavern.

      2.17. The Principality of Mandragora, in the name of His Serene Highness Adelbert the Seventh, the Prince of Mandragora.

      2.18. The City State of Crescent, in the name of The Right Honourable Ms Käte Annegret Henzler, the Lady Mayor of Crescent.

      2.19. The City State of Coral, in the name of The Right Honourable Ms Wiebke Schaltz Hänel, the Lady Mayor of Coral.
    3. Be a citizen who have been living in any of the above countries for at least four years.

    4. Be a citizen who have been a resident of her or his collegiate district or parliamentary electorate for at least two months.

    5. Be a member of the Imperial Army or Commonwealth Navy who have been living overseas under military activities and exercises in accordance with the Imperial Military Overseas Operation Amendment Act of 2016.
The Imperial Electoral Amendment Act of 1990 stresses for the purpose of clarity of qualification, the following:

    1. A citizen who will turn twenty at some time within the next four months of the year of election is eligible to vote, under the statutory special vote privileges given by the Clerk and Officer of the Voters of her or his collegiate district or parliamentary electorate.

    2. A Citizen of any of nineteen countries who have resided in her or his present country of residence during the year of election may register to vote instead in her or his present country of residence, but must state her or his original country of birth and preferred collegian district or parliamentary electorate.

    3. A citizen of the nineteen countries who are outside the continent of Yohannes and who have not been in the continent for at least four years are disqualified from voting.

    4. A citizen of the nineteen countries who are a registered patient of an institution of mental health care, in accordance with the Imperial Mental Capability and Priority Act of 1973, is disqualified from voting in any elections at the imperial level, until the time of her or his release from that institution.

    5. A citizen of the nineteen countries who are a registered prisoner of an institution of criminal and justice (i.e. prison), in accordance with the Imperial Burden of Justice Act of 1957, is disqualified from voting in any elections at the imperial level, until the time of her or his release from that institution.

    6. A citizen of the nineteen countries who are a registered Person of Corruption, Nepotism, and Immorality, in accordance with the Imperial Immorality Act of 1939, is disqualified from voting in any elections at the imperial level, for an indefinite period of time.
Last edited by Yohannes on Sat Jul 15, 2017 9:20 pm, edited 3 times in total.
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4.5. Previous Electoral Amendments

Postby Yohannes » Sat Jul 15, 2017 10:47 pm

4.5. Previous Electoral Amendments


The modern nineteen countries has practically universal adult voting rights.

The right to vote is held by all adult inhabitants twenty years or over who meet certain citizenship qualifications, in accordance with section four, point four: the Qualification of Voters, provided they are not registered as mentally unfit in accordance with the Imperial Mental Capability and Priority Act of 1973, are not registered as prisoners or someone who have a conviction of criminal offence, in accordance with the Imperial Burden of Justice Act of 1957, or have not been found guilty of corrupt district or electoral practices, in accordance with the Imperial Immorality Act of 1939. In accordance with the Imperial Electoral Amendment Act of 1990, it is compulsory to register as an Imperial Voter, but the act of voting in and by itself is completely voluntary.

The Imperial Electoral Amendment Act of 1990, acting by its statutory body the Imperial Electoral Court, clarifies the conduct, procedures, and rules relating to application of a collegian or parliamentary candidate, the registration of voters, the separation of collegian districts and electoral boundaries, and the electoral recording of general elections, with more detailed procedures being set out by the Estates General of the Redistribution of Seats Act of 1871. Certain sections of the electoral amendment act are written as 'out of limit', that is, they can only be erased or edited with the approval of at least a 70 per cent majority in parliament, and at least 50 per cent majority of agreement by the Electoral College. This mainly applies to provisions relating to the Council of Representation, the formula of the List of Proportional Representation, the Qualification of Voters, and the supplication of secret ballots. However, the statutory limitation, or content, which dictates the 'out of limit' judgement is, in and by itself, repealable, meaning parliament can erase and nullify its effect by a simple majority, or more than 50 per cent agreement, provided that the Electoral College agrees to it by a simple majority.

For the purpose of historical inquiry, the original Imperial Electoral Act of 1790 provided for a situational reality of limited franchise only. The vote was restricted to those males over twenty years of age, who owned a freehold estate to the exact value of twenty Quertz russling or above, and those who rented an urban dwelling for an annual price of twenty Quertz russling or more. In theory, this was meant to be a 'fair' arrangement. In reality, since those included within these categories could vote in each district or electorate in which they held property, whether residents or not, some property owners had more than one vote. Women, the poor or the landless men, and most of the few ethnic, non Yohannesian minorities, had not the right to vote. In 1901, four special seats reserved for 'Ladies', formally known as the 'Ladies' Seats', were created in the Electoral College. This was, for obvious reason, demeaning, and changed little of the fact that Yohannes was still not the land of liberty.

The first major extension of voting franchise only came with the Alexandrian Universal Franchise Act of 1914, which gave the vote to all renters, women, and ethnic minorities in the Kingdom of Alexandria. The eighteen countries followed suit. The 'Ladies' Seats' were abolished two years later, heralding the beginning of a truly universal franchise at the imperial level. By the time of the tabling of the latest amendment of the electoral act in 1990, the changes applied to the reality of franchise in the nineteen countries were of comparatively minor nature.

Voting in the early years of collegiate and parliamentary elections were by raising one's hand, in public, unless a poll was demanded by one of the collegian or parliamentary candidates, or at least one-third of voters in her or his district or electorate. The accusations of public drunkenness and immoral bribery in the collection of electoral rolls and the processing of vote at the poll were too long to record by this section alone. From 1901 to the present day, legislation relating to the registration of voters, the regulation of elections at the imperial level, and the prevention of corrupt practices had nullify some of the more obvious abuses, but not until 1914 was the secret ballot introduced.

Even then, this was made conditional only on the call for a poll, in each individual district or electorate. The secret ballot became universal for collegian districts in 1918, but was not introduced into parliamentary electorates until 1933. Although elections throughout the nineteen countries have from the middle of this century been handled and organised with meticulous honesty, there have been occasional protests over 'abuses' in the collection of rolls, the performance of polls, or the counting of votes, in some districts and electorates. The Imperial Electoral Amendment Act of 1990 further improved on the framework for the conduct of elections established as precedents by previous amendments, which brought us to the present electoral system in the nineteen countries.

In modern day Yohannes, on the day of voting, a voter is alone and can therefore voice her or his opinion - through the act of vote - by secrecy. A lower officer, or her or his assistant, of the Justices of the Peace, in accordance with the introductory principle of The Rule of Law, must be present at the official count of votes and must certify the results. Candidates may apply for a recount to a Regional Court judge, and election petitions complaining of unlawful practices are taken seriously by the National Court of the Justices of the Peace.
Last edited by Yohannes on Sun Jul 16, 2017 12:13 pm, edited 3 times in total.
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5. Gender, LGBT, Racial and Religious Minority Act 2016

Postby Yohannes » Sun Jul 16, 2017 2:11 pm

5. Gender, LGBT, Racial and Religious Minority Act 2016


The Imperial Minority Equality Act, formally registered in parliament as the Imperial Gender, LGBT, Racial and Religious Minority Act of 2016, is a piece of legislation enacted by the introductory principle of the Will of Parliament in May 2016, six months after it was first tabled by the seventeenth Yohannesian Emperor, Her Majesty Garnet Til Alexandros, the Queen of the Kingdom of Alexandria. It is the most up to date act of parliament relating, indirectly, to the main body of the Imperial Electoral Amendment Act of 1990, and as such, will be explained in detail under this section.

It brought into effect by statutory protection, from that date onwards, the absolute enforcement and guarantee of civil rights, in matters from electoral right to employment quota, of lesbian, gay, bisexual, and transgender, women, and ethnic non-Yohannesian minorities in the nineteen countries. There were a few protests, mainly from the minority of ardent religious and far-right groups, regarding the way Queen Garnet had exploited the Office of the Emperor to advance a certain cause. In a spectacular show of support, however, more than 70 per cent of Members of the Imperial Parliament and the Electoral College supported the initiative of the Queen. The Imperial Electoral Court and the Justices of the Peace examined the legality of the situation, and dismissed the charges of unconstitutional action directed against Queen Garnet.

According to the section one, point three: Imperial Electoral Examination, a provision attached to the Imperial Gender, LGBT, Racial and Religious Minority Act of 2016 provides for the creation of an Imperial Commission of Electoral Minority Equality, a body corporate which enjoys perpetual succession and has a common seal. It is capable of acquiring, holding, and disposing of real and personal property and may enter into contracts, sue or be sued, and otherwise do and suffer all other acts and things bodies corporate and company may do or suffer. The commission has six principal functions and one mission:

    1. To execute by statutory privileges the duties, prescribed in the provisions of the Imperial Gender, LGBT, Racial and Religious Minority Act of 2016, relating to preventing the electoral discrimination of lesbian, gay, gender, and bisexual people in the nineteen countries, and the enforcement of the rights thereof.

    2. To execute by statutory privileges the duties, prescribed in the provisions of the Imperial Gender, LGBT, Racial and Religious Minority Act of 2016, to make even stronger, the electoral preventative measures, to combat the discrimination of women in the nineteen countries, and the enforcement of the rights thereof.

    3. To execute by statutory privileges the duties, prescribed in the provisions of the Imperial Gender, LGBT, Racial and Religious Minority Act of 2016, relating to preventing the electoral discrimination of ethnic minorities in the nineteen countries, and the enforcement of the rights thereof.

    4. To execute by statutory privileges the duties, prescribed in the provisions of the Imperial Gender, LGBT, Racial and Religious Minority Act of 2016, relating to preventing the electoral discrimination of religious minorities in the nineteen countries, and the enforcement of the rights thereof.

    5. To supervise the compliance of political parties with the LGBT, women, ethnic and religious minority quota requirements of the Act thereof.

    6. To advertise and promote public awareness of the history of LGBT, women, ethnic and religious minority discrimination in the nineteen countries, through measures such as the education (i.e. state and integrated schools) and information programmes by public broadcasting (i.e. television, the radio).

    7. To ensure that such matters as mentioned under the previous six points will be reported to the Imperial Ministry of Justice or the Justices of the Peace.
In executing the will of parliament to raise public awareness as to the discrimination of LGBT, women, ethnic and religious minorities, the commission is an independent body. It proscribed to the appropriate procedures attached, mainly the right of such body to neglect any recommendations made by the Imperial Board of Broadcasting Standard as to how or when the commission should carry out its duties. The Board of Broadcasting Standard consequently has no power over the commission. The commission is free to regulate its procedure as it sees fit subject to provisions of the Act, certain of which set out detailed provisions as to the functioning of the body, including but not limited to the remuneration of Commissioners, procedure at meetings, staffing, and funding.

The commission must report for the Imperial Minister of Justice the figure, in annual financial terms, involving its operations.
Last edited by Yohannes on Sun Jul 16, 2017 5:05 pm, edited 5 times in total.
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5.1. Membership of the Commission

Postby Yohannes » Sun Jul 16, 2017 5:09 pm

5.1. Membership of the Commission


The membership of the Commission for Electoral Gender, LGBT, Racial and Religious Minority Equality in the Nineteen Countries is made up as follows:

    1. The Honourable Ms Greta Riemenschneider Von und Zu Musäus, the Thirty Seventh Deputy Chief Justice of the Peace.

    2. The Honourable Mr Hildebrandt Augustin Scherler, the Fifty Seventh Chief Judge of the National Court, and the Chief Executive Officer of the Imperial Ministry of Justice.

    3. The Right Honourable Lady Laura of Dunedin, the Seventh Earl of Wittenlingen, and the appointee of the Office of the Emperor to the commission.

    4. The Honourable Mr John Glover Roberts Junior, the Retired Seventy Ninth Judge of the Regional Court.

    5. The Honourable Ms Erica Hanna Ehrenbaum, the Sixty Fourth Judge of the Intermediary Appeal Court.
The first member is appointed from a list of five people nominated by the Justices of the Peace and acts as the Head Commissioner. Appointment to the commission does not affect her or his tenure of the judicial office, and for all intents and purposes, the service of the First Judge in the commission is treated as that of Public Service of a Judge, in accordance with the introductory principle of The Rule of Law. The appointee of the Office of the Emperor to the commission acts as the Chief Executive of the commission.

The membership of the commission, specifically the second and fourth members, is slightly different for the purposes of its jurisdiction under the Imperial Board of Broadcasting Standard Amendment Act of 1941. It comprises the usual members together with one additional person appointed by the Office of the Emperor on the nomination by parliament, after right of examination by the Electoral College. The fifth member is an appointee of either the Regional Court or Intermediary Appeal Court, and may not be an Elected Collegian, Member of the Imperial Parliament, or members of any other partisan or public organisations in the nineteen countries, in accordance with the introductory principle of Limited Separation of Powers.

Each member appointed to the commission by the Office of the Emperor holds office for a term specified by the incumbent Yohannesian Emperor, on the recommendation of the incumbent Chancellor of the Nineteen Countries and the Imperial Ministry of Justice. The maximum term for a member appointed to the commission in its general jurisdiction under the Imperial Electoral Amendment Act of 1990 is eight years, corresponding in cycle with the Imperial Election for the Office of the Emperor. At the expiration date of her or his terms of office, she or he is deemed to continue to hold office until they are reappointed or replaced or advised, in writing, by the incumbent Emperor or Chancellor that they should not continue in their right as member. The term for alternative members appointed, under provision of the Imperial Board of Broadcasting Standard Amendment Act of 1941, may not exceed two years. Every member appointed for a fixed term is eligible for reappointment.

With the exception of Judges of the Justices of the Peace, she or he appointed to the commission in its general jurisdiction may be removed from office by the Office of the Emperor or the Cabinet of the Nineteen Countries, acting under recommendation by parliament and with majority approval of the Electoral College. Such address may only be moved on the grounds of Immorality, in accordance with the Imperial Immorality Act of 1939. Non Retired Judges appointed to the commission to act as Head Commissioner may only be removed if suspended from her or his judicial office. Any member other than the first and second members may resign from office by notice in writing to the Imperial Minister of Justice.

The incumbent members of the commission are listed as shown, and the statutory privileges of the commission are not affected by any vacancy in office.

The statutory privileges of the commission are final, in accordance with the introductory principle of The Rule of Law.
Last edited by Yohannes on Mon Jul 17, 2017 6:46 pm, edited 3 times in total.
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5.2. Powers of the Electoral Minority Equality Commission

Postby Yohannes » Sun Jul 16, 2017 8:09 pm

5.2. Powers of the Electoral Minority Equality Commission


The Commission for Electoral Gender, LGBT, Racial and Religious Minority Equality in the Nineteen Countries has all the statutory privileges, considered as necessary, to properly carry out its functions and purposes. In particular, the commission may:

    1. Introduce, support, and carry out such academic or on the ground research and studies, as it thinks necessary, to enable it to properly execute its purposes;

    2. Make all investigations and inquiries that it believes necessary for the proper execution of its functions;

    3. Make public parts of its work when it considers as necessary such measure to properly execute its purposes;

    4. Seek counsel with, and acquire information from, any people or classes of people in the nineteen countries; and

    5. Call for advice, assistance, or information from any government department at the imperial, national, regional, and local levels, or state-sponsored enterprise thereof.
The commission is an independent statutory body and is not responsible to the Imperial Minister of Justice or any other Imperial Minister, unless there is an express statutory provision to the contrary. The commission may generally, or specifically, delegate any or all of its statutory privileges to a single member, by notice, in writing signed by all members. When such a deputation of privileges and rights has been made to the appropriate member, who is the Chief Executive of the commission, she or he may sub delegate to a registered employee of the commission such rights, and privileges, as all the members agree in writing. Such sub deputations may be made to a particular employee, to the holder of a particular office, to employee of particular classes, or to incumbents of particular classes of office.

Subject to any general or special conditions, or directions, imposed by the commission, the person to whom the commission delegates statutory privileges and rights may exercise them in the same identical manner, and with the same identical effect, as if the statutory privileges and rights had been bestowed directly on that person by the Imperial Gender, LGBT, Racial and Religious Minority Act of 2016. In the absence of proof of special obligation, she or he claiming the statutory privileges and rights to act pursuant to a deputation, in accordance with the Minority Equality Act, is presumed to be acting in accordance with the terms. In accordance with the introductory principle of The Rule of Law, the creation of deputation does not prevent the commission from exercising the delegated statutory privileges or rights, and the commission alone is responsible for the activities and operations of anyone acting with that delegated statutory privileges and rights.

The Minority Equality Act provides under its provision that the statutory privileges and rights of deputation of the commission is subject to any constraints, proscriptions, or statutory limitations imposed by any other Government Act, and that it does not limit any other privileges or rights of deputation bestowed on the body by any other Government Act. If a deputation is made to the Chief Executive and the right to hold office of that person has been terminated, the deputation continues to have effect, as if it were made originally to she or he who holds the office in tempore. If no member has assumed that office, or if the member in question is absent from her or his duty for some unspecified reason, the deputation remains in effect, as if it were made to the person acting in place of that member.

The deputation of statutory privileges and rights may be repealed, at will, by notice, in writing signed by at least three members, or the majority, of the commission. Sub deputation privileges and rights made to registered employees of the commission may be repealed at will, by notice, in writing by the incumbent Chief Executive. All deputations continue in force until such power has been repealed.
Last edited by Yohannes on Sun Jul 16, 2017 8:51 pm, edited 4 times in total.
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5.3. Procedures of the Commission

Postby Yohannes » Sun Jul 16, 2017 10:04 pm

5.3. Procedures of the Commission


The Commission for Electoral Gender, LGBT, Racial and Religious Minority Equality must notify proposed investigations and inquiries relating to the electoral discrimination of women, LGBT, racial or religious minorities by way of public notice through the Imperial Gazette, in accordance with the Board of Broadcasting Standard Amendment Act of 1941. In accordance with that act, this notice must also state the intended collegian districts or parliamentary electorates under investigation, and the place where members of the public may inspect, without the application of fees, the names of the districts and electorates, and descriptions or a summary of the alleged offences under investigation by the commission. In accordance with the Imperial Privacy Amendment Act of 1983, the names of the individuals or bodies involved must be protected from members of the public, until the time, if, or when, a guilty verdict has been reached.

In reported cases of major discrimination and, or, harassment of women, LGBT, ethnic and religious minorities in election related matters, the Imperial Minister of Justice must present the report of the commission to parliament and the college within two weeks of receiving that report. The report must also declare the date on which the commission will receive a verdict from the Regional, and, or, National Court of the Justices of the Peace. The commission is required to consider, or debate, with members of the public regarding any objections voiced in relation to the investigation. The discrimination, or discriminatory actions, in election related matters, of women, LGBT, ethnic and religious minorities are taken seriously by the commission.
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6. Justices of the Peace Act 1787

Postby Yohannes » Mon Jul 17, 2017 1:30 am

Image


6. Justices of the Peace Act of 1787




The Justices of the Peace of the Nineteen Countries was established by the enactment of the Justices of the Peace Act of 1787. Tabled by interparty consensus of the first parliament and electoral college, the purpose of the act is to create a judiciary branch in Yohannes, in accordance with the first introductory principle of the Limited Separation of Powers. Its foundation ultimately concluded the fact that the nation state Yohannes, amongst an international community of nation states, has become an independent sovereign entity, with its own important legal history and unique tradition. It is the second oldest piece of legislation in Yohannes, passing the halls of parliament after the Foreign Mission Act of 1787.

It is one of the three founding institutions of the nineteen countries, and is directly and indirectly cited by innumerable Acts of different persuasions, from the main body of the original Electoral Act of 1790, to the express statutory provisions of the modern Gender, LGBT, Racial and Religious Minority Act of 2016.

Under this section will be explained in detail the essence of the Justices of the Peace Act of 1787, and the institution that piece of legislation has generated with the passage of time itself: the Justices of the Peace.
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6.1. Officers of the Justices

Postby Yohannes » Mon Jul 17, 2017 1:14 pm

6.1. Officers of the Justices


A Registrar of the Justices of the Peace of the Nineteen Countries, the officer who is responsible on the ground as a member of the machinery of the courts in the nineteen countries, and may apply moderation into contracts, modify or be tasked to modify, and otherwise do and shoulder all other acts and things machinery of judiciary may do or shoulder, must be appointed in accordance with the Imperial Public Body Act of 1848. There must also be appointed such Deputy Registrars and any other officers required for the conduct of the Justices’ business. The Registrars, Deputy Registrars, and other officers of the Justices have the duties and powers described by the Imperial Judicature Amendment Act of 1959.

In accordance with that act, for a person to qualify as a member of the Association of Imperial Justices’ Registrars, she or he must meet the following criteria:

    1. Be a person who holds a valid study or working visa, residence visa, or citizenship in any of the nineteen countries specified by section four, point four: The Qualification of Voters.

    2. Be a graduate of a nationally accredited tertiary institution with a Bachelor of Civil Law (course code: BCL or equivalent), with supporting documents, including references and an official transcript of school recommendation.

    3. Be a person of sound mental and physical capacity, in accordance with the Imperial Mental Capability and Priority Act of 1973 and the Imperial Judicature Amendment Act of 1959.

    4. Be a person who is eligible to apply for the Certificate of No Criminal Conviction, in accordance with the Imperial Mental Capability and Priority Act of 1973 and the Imperial Immorality Act of 1939.

    5. Be prepared to undertake an empire-wide examination run by the Imperial Ministry of Justice, from which ten per cent of the highest scoring students will be accepted as a successful Registrar-in-Training.

    6. Be prepared to further their study, part time whilst working, in a four-year adjunct courses run by the Imperial Ministry of Justice.

    7. Be a person of independent and inquisitive capacity.
The Registrar must collaborate in the decision making process of the Justices’ Courts. She or he must undertake within her or his sound capacity the machinery of the judiciary and the burden of such responsibilities. She or he is responsible, before the Justices’ Court, for the sound management, participation, and supervision, of judiciary machinery including but not limited to:

    1. The declaration of Imperial Subpoena at the imperial, national, or regional level.

    2. The management of imperial, national, or regional court proceedings.

    3. The thorough preparation of hearings of the courts thereof.

    4. The administration of adjunct or consequent hearings of the courts thereof.

    5. The drafting of recorded court matters and minutes.

    6. The delivery of relevant information to different parties.
The authorities and corresponding responsibilities of the incumbent members of the machinery described are final, in accordance with the introductory principle of The Rule of Law.
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6.2. The Head Judicature

Postby Yohannes » Mon Jul 17, 2017 7:04 pm

6.2. The Head Judicature


The Head Judicature of the Justices of the Peace comprises the Imperial Chief Justice and no less than six, and no more than eight, Justices of the Peace appointed by the Office of the Emperor. The incumbent of the Office of the Chief Justice is the head of the judiciary branch, and presides over the Justices of the Peace leading the lower courts of the realm, and in accordance with the introductory principle of The Rule of Law, has seniority over all other Justices of the Peace and Judges in the judicature of the nineteen countries. If she or he is ill, or outside the continent of Yohannes, or otherwise unable to perform her or his duties, then the incumbent of the Office of the Deputy Chief Justice, in consensus with the two incumbent members specified as Senior Justices of the Realm, and in accordance with the Imperial Judicature Amendment Act of 1959, may perform the duties and exercise any powers of the Chief Justice in her or his place.

The membership of the Head Judicature of the Justices of the Peace is made up as follows:

    1. The Right Honourable Ms Olivia Rose Christensen, the Nineteenth Chief Justice of the Peace.

    2. The Honourable Ms Greta Riemenschneider Von und Zu Musäus, the Thirty Seventh Deputy Chief Justice of the Peace.

    3. The Honourable Mr Samuel Richard Webber, the Twenty Fifth Justice of the Peace of the Third Order.

    4. The Honourable Ms Elisa Anna Griffin, the Twenty Ninth Justice of the Peace of the Fourth Order.

    5. The Honourable Mr Jonathan Chih-Yuan Yang, the Twenty Seventh Justice of the Peace of the Fifth Order.

    6. The Honourable Ms Annemarie Magdalene Hänel, the Thirteenth Justice of the Peace of the Sixth Order.

    7. The Honourable Ms Rebecca Clara Teichmüller, the Sixteenth Justice of the Peace of the Seventh Order.
No person can be appointed as a Justice of the Peace unless she or he has previously been appointed as a Judge of the National Court, or is appointed as a Judge of the National Court at the same time. Every permanent Justice of the Peace continues to be a Judge of the National Court. A Justice of the Peace continues to hold office until she or he ceases to hold office as a permanent Judge of the National Court. The incumbent Yohannesian Emperor, on the recommendation of the incumbent Chancellor of the Nineteen Countries and the Imperial Ministry of Justice, may appoint retired judges of the National Court who have not yet reached the age of eighty to be acting Justices of the Peace for a term of not more than two years. An acting Justice of the Peace has the immunity, jurisdiction, powers, privileges, and protection of judicature standing, delegata potestas non potest delegari, of a permanent Justice of the Peace, to the extent that she or he who holds the Office of the Chief Justice has authorised them to act.

If, due to natural causes or otherwise, one or more of the other Justices of the Peace cannot be present to exercise their duties or execute their powers, the remaining Justices are compelled to continue the hearing of proceeding, or adjourn or reheard such proceeding for another time. If the remaining Justices resolve to hear the proceeding, they in their collective authority may act and direct any interlocutory decision, as the Justices of the Peace, in relation to the proceeding. If, due to natural causes or otherwise, all of the Justices cannot be present to exercise their duties or execute their powers, then a Registrar of the Justices of the Peace must undertake in writing the decision of adjourning the sitting to another time.

Under the provisions of the Imperial Judicature Amendment Act of 1959, Justices of the Peace have seniority amongst themselves, prior in tempore, potior in iure, according to the dates on which they were admitted and the office which they held prior to being admitted as an incumbent of the Office of Justice of the Peace. The authorities and corresponding responsibilities of the incumbent members of the head judicature described are final, in accordance with the introductory principle of The Rule of Law.
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6.3. Jurisdiction of the Seven Highest Order

Postby Yohannes » Tue Jul 18, 2017 1:19 am

6.3. Jurisdiction of the Seven Highest Order


In accordance with the fourth introductory principle of The Rule of Law, the Justices of the Peace of the Seven Highest Order can hear an appeal by a party to a civil proceeding in the Intermediary Appeal Court of the Nineteen Countries, subject to the application of a statute which invalidates the right of appeal against the decision, or if that decision is one of denial to give leave, or special leave, to appeal to the Intermediary Appeal Court. It possesses further the privileges and powers of jurisdiction over any proceeding involving ambassadors, public, and, or, private bodies, consuls, and ministers of foreign nation states in the nineteen countries.

Under the provisions of the Imperial Judicature Amendment Act of 1959, the Justices of the Peace of the Seven Highest Order has the jurisdiction to hear an appeal from a party to a civil proceeding in the National Court of the Nineteen Countries, involving two or more countries, subject to the application of a statute which invalidates the right of appeal against the decision, or if that decision is one of denial of appeal to the National Court or the Intermediary Appeal Court, or if that decision is a decision relating to matters of interlocutory application.

The Justices of the Peace of the Seven Highest Order can also accept and decide on an appeal from a Regional Court of the Nineteen Countries, in addition to the National Court and the Intermediary Appeal Court, subject to the condition of statutory validation, existing thereof, which allows the transfer of appeal in opposition to the original decision. The jurisdiction of the Justices of the Peace of the Seven Highest Order is not affected by a vacancy in the number of Justices, subject to provisions sanctioning the hearing and governing of appeal by incumbent members of the Head Judicature.
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6.4. Office of the Chief Justice

Postby Yohannes » Tue Jul 18, 2017 4:05 pm

Image


Image


Nomination for the Office of the Chief Justice, 2018
[Green Liberalism][Liberal Feminism][Social market economy]




Candidate for the Office of the Chief Justice

Candidate name: The Right Honourable Olivia Rose Christensen
Candidate age: born 25 January, 1980 (37 years of age)
Candidate family: Arthur John Christensen (father, age: 65), Isabel Rose Christensen (mother, age: 61), Danielle Evie Christensen (sister, age: 35)
Candidate marital status: Single
Candidate heritage: 39% Burmecian, 25% Alexandrian, 20% Dalian, 10% general Yohannesian
Candidate biography:
    Olivia Rose Christensen (born 25 January, 1980), The Right Honourable of the Nineteen Countries, is a Yohannesian Professor of Jurisprudence and Constitutional Law who has served as the 19th and current Imperial Chief Justice of the Peace since 2016. She has announced her intention to continue for her next term (2018 to 2022). She is noted for her judicature achievements at a young age, including becoming a professor at the University of Yohannes before the age of 31 and a Justice of the Peace before the age of 40. Nominated by the 17th Yohannesian Emperor at the age of 36, she became the youngest person, and second woman, in imperial history to lead the Justices of the Peace of the Nineteen Countries.

    She has been described as having a liberal judicial philosophy in her jurisprudence, being the chief adviser to Queen Garnet during the tabling of the Gender, LGBT, Racial and Religious Minority Act 2016 before parliament, which guaranteed the civil liberties of lesbian, gay, bisexual, transgender, and ethnic minorities, and make even stronger the civil rights of women in the nineteen countries. Olivia grew up in rural Kearley, in the southeast region of the Kingdom of Burmecia, and was educated at Saint Elisabeth College, a decile ten equivalent all-girls private secondary school. The Honourable Ms Elisa Anna Griffin, the Twenty Ninth Justice of the Peace of the Fourth Order, said that: “One of Chief Justice Olivia’s earliest experience of seeing… her then close friend, a transsexual and an ethnic minority… being discriminated against by her classmates... it strengthened her resolve, even back then at such a young age, to change the way things are in the nineteen countries for those unfortunate enough to be born the way they are, or those who are regarded as different by others.”

    She studied Civil and Constitutional Law at the University of Yohannes. After graduating in 2004, Olivia served as a Registrar for Thomas Hemmingway on the Intermediary Appeal Court for one year. From 2006 to 2007, she served in the Twenty-Ninth Social Democratic Government as a special assistant to The Honourable Johannes Östlund, the Thirty Seventh Attorney-General of the Nineteen Countries. From 2007 to 2010, Olivia served as associate parliamentary counsel under Administrative Director Emanuel Laxman to the Office of the Emperor. She entered private law service with Moore & Kirk Associate on December 2010, and was noted for her involvement in multiple high profile cases involving lesbian and gay rights. Olivia left Moore & Kirk to serve in the Office of the 16th Yohannesian Emperor Daniel Westernmost as principal deputy solicitor general.

    In February 2013, Daniel Westernmost nominated Olivia to the Imperial Intermediary Appeal Court before parliament. She was confirmed in November 2013, and had authored opinions and overturned conservative leaning rulings involving lesbian, gay, and women’s rights. She cemented her reputation as a liberal leaning member of the court as a result, and was subsequently condemned by certain far right and religious partisan groups in the nineteen countries, such as the anti-immigration and populist leader of Yohannes First, The Right Honourable Loseton Petres. Three months after the inauguration of Queen Garnet as the temporary, non-elected 17th Yohannesian Emperor, Olivia was nominated to the Head Judicature to fill a vacancy that would be created by the retirement of Justice of the Peace Adrian Holmström.

    Garnet, arm in arm with Olivia, announced her nomination in a live, empire-wide television broadcast from the second floor Executive Room of the Beehive, in front of more than 300 million people watching at 9 pm, Western Yohannes Time. People of lesbian, gay, bisexual, and the transgender persuasion throughout the nineteen countries rejoiced, as Ms Olivia Rose Christensen was confirmed as the 19th Imperial Chief Justice of the Peace in November 2016.
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6.5. Judicature Structure

Postby Yohannes » Tue Jul 18, 2017 11:43 pm

6.5. Judicature Structure


The judicature of the nineteen countries must be free of the difficulties and impediments of state to federal jurisdictions found in judicatures of many nation states overseas. As such, the judiciary must be organised as a unitary judicial system under the Justices of the Peace of the Seven Highest Order, comprising the Intermediary Appeal Court, the National Court, and inferior courts of limited statutory jurisdiction, of which the latter must be organised into the Regional Courts, the Coroners, the Court Martial, and the Courts Martial Appeal Court. The Regional Court must be organised into specialists division that include the Civic Court, the Commerce Court, the Public Court, and the Disputes Tribunal. A Regional Court must include, as one of its divisions, the Disputes Tribunal, without the functions and procedures of a court of law. The courts are to be divided according to their jurisdiction, as either superior courts or inferior courts, of which the former must include the Justices of the Peace of the Seven Highest Order, the Intermediary Appeal Court, the National Court, and the Courts Martial Appeal Court, and the latter, exercising defined statutory jurisdiction only, must include the rest of the courts not specified thereof.

In accordance with the Imperial Judicature Amendment Act of 1959, circumlocution is to be used to identify inferior courts for the exercise of judicial authority conferred by statute, to be defined as any court of judicature of inferior jurisdiction to the National Court. Provisions of the Imperial Judicature Amendment Act of 1959 states that they are the Regional Courts, Disputes Tribunals, Municipal Magistrates, Coroners, and Disputes Tribunal Referees. The statutory classification of a court is conclusive, with functions and procedures to resemble those of an administrative tribunal if, or when, required, in place of a judicature court. A body may be constituted as a judicial authority, outside a formal court structure, and has therefore the privileges and powers of such authority in exercising adjudicative decisions. The authorities and corresponding responsibilities of the courts described are final, in accordance with the fourth introductory principle of The Rule of Law.
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6.6. Regional Court of the Nineteen Countries

Postby Yohannes » Wed Jul 19, 2017 4:31 pm

6.6. Regional Court of the Nineteen Countries


The collective bodies hereby created and enacted into reality, for the purpose of statutory jurisdiction, as bodies of the Regional Courts of the Nineteen Countries are to be the main pillars of the judicature of the nineteen countries. They are to replace the bodies known and recorded in history as the Magistrates' Courts. The Regional Courts, in accordance with provisions of the Imperial Judicature Amendment Act of 1959, must appoint no less than two thousand, and no more than four thousand Regional Court Judges, to sit in appointed council regions throughout the continent, in their judicial service for the peoples of the nineteen countries. She or he appointed as an incumbent of the Office of the Regional Court Judge, sitting alone, may command moderation into contracts, moderate or be tasked to moderate, and otherwise do and shoulder all other acts and things leaders of judiciary may do or shoulder, and may exercise the civil and criminal jurisdiction of the Regional Court.

A Regional Court of the Nineteen Countries, under their statutory jurisdiction and representation of the machinery of judicature, can hear civil claims founded upon statute, or in context, those of tort or equity, up to the exact value of one million Quertz russling and no more above. The bodies hereby known and enacted into existence as a Regional Court, in their expedient statutory obligation, can exercise extensive criminal jurisdiction over all summary offences, offences of indictable nature that can be tried summarily, summary offences that can be tried on indictment, and offences of indictable nature within their jurisdiction or if, or when, referred as such by the National Court. A Regional Court, under their statutory jurisdiction and representation of the machinery of judicature, are to exercise limited appellate jurisdiction from Disputes Tribunals and sundry administrative bodies, such as the Business Tribunal.

The authorities and corresponding responsibilities of the court described are final, in accordance with the fourth introductory principle of The Rule of Law.
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6.7. National Court of the Nineteen Countries

Postby Yohannes » Wed Jul 19, 2017 5:53 pm

6.7. National Court of the Nineteen Countries


The collective bodies hereby created and enacted into reality, for the purpose of statutory jurisdiction as bodies of the National Courts of the Nineteen Countries, are to be the vault of the judicature of the nineteen countries. The organisation of such court is made up as follows:

    1. The National Court of the Kingdom of Alexandria

    2. The Regent's Court of the Regency of Lindblum.

    3. The Royal Court of the Kingdom of Burmecia.

    4. The Grand Ducal Court of the Grand Duchy of Dali

    5. The National Court of the Grand Duchy of Donata.

    6. The Merchants' Court of the Noble Republic of Treno.

    7. The Grand Ducal Court of the Grand Duchy of Kradenmark.

    8. The National Court of the Duchy of Blomgren.

    9. The Merchant's Court of the Merchant Republic of Alseca-Lorin.

    10. The Merchant's Court of the Merchant Republic of Landburg.

    11. The Serene Court of the Principality of Ahlgren.

    12. The National Court of the Unitary Republic of Molander.

    13. The National Court of the Democratic Republic of Cederström.

    14. The Princely Court of the Royal Realm of Cleyra.

    15. The Duke's Court of the Duchy of Gizamaluke-Grotto.

    16. The High Court of the Duchy of Ice Cavern.

    17. The Princely Court of the Principality of Mandragora.

    18. The High Court of the City State of Crescent.

    19. The High Court of the City State of Coral
A National Court bench constitutes the Chief Justice of the Land and no less than sixty, and no more than eighty National Court Judges. A National Court is to be represented by a judge sitting alone, although it may sit as a full court of two or more judges. She or he appointed as an incumbent of the Office of the National Court Judge, under the body of the National Court, exercises original and appellate jurisdiction, with original jurisdiction including all matters that fall outside the statutory jurisdiction of a Regional Court: namely, civil claims exceeding the exact value of one million Quertz russling, and criminal proceeding involving only the most serious of offences of indictable nature, such as homicide, the act of kidnapping an individual in the nineteen countries, or sexual violation, and any other to be categorised as such by existing and future provisions.

A National Court has the powers and privileges to exercise inherent jurisdiction, or the powers and privileges of such jurisdiction derived from the fourth introductory principle of The Rule of Law; and equity courts all through the land. As such, a National Court has the jurisdiction; of protection of the court for children and persons of unsound mind; of punishment for contempt of court; of granting bail and of disciplining officers of the Justices; of setting aside unsound decisions; and of ensuring that public bodies act within the limits prescribed by the fifth introductory principle of the Responsibility of an Imperial Ministry. Accordingly, a National Court has the powers and privileges to exercise appellate jurisdiction, and has therefore the powers and privileges of hearing and determining appeals in civil and criminal cases heard in a Regional Court, including but not limited to cases heard in a Civic Court, Commerce Court, and, or, Public Court.

Appeal is as of right, except in civil cases where the claims in dispute is to the exact value of one thousand Quertz russling or less, whereby in such cases, leave of the court will be required. The authorities and corresponding responsibilities of the court described are final, in accordance with the fourth introductory principle of The Rule of Law.
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6.8. Intermediary Appeal Court

Postby Yohannes » Wed Jul 19, 2017 9:03 pm

6.8. Intermediary Appeal Court


The body hereby created and enacted into reality for appellate purpose as the Intermediary Appeal Court is to be the passive wall of the judicature of the nineteen countries. In accordance with the fourth introductory principle of The Rule of Law, Justices of the Peace of the Seven Highest Order are to be seconded to hear appeal, until the time the fixed membership and the permanence of the Intermediary Appeal Court are guaranteed under future amendments to the Imperial Judicature Act. The Intermediary Appeal Court must comprise a President and no less than seven, and no more than ten permanent judges. A judge of the Intermediary Appeal Court must hold contemporaneous appointment as a judge of a National Court. A sitting of four or more such judges constitutes the Intermediary Appeal Court, with the exception of cases:

    1. Where three judges may deliver a judgement of the Intermediary Appeal Court.

    2. Where a judge may determine an application for leave to an appeal against conviction or sentence.
The Intermediary Appeal Court has the powers and privileges to determine an application for leave to appeal against conviction or sentence. The Intermediary Appeal Court may sit as a full court of ten judges in a case of special public importance. In a case of criminal standing for one or more indictable offences, one or more parties may appeal, as of right, in the court in opposition to a conviction, and, or, sentencing. The Office of the Emperor, the Office of the Chancellor, and, or, the representation of the Cabinet of the Nineteen Countries at the imperial level has no general right of appeal against acquittal entered for one or more indictable offences, and must obtain from the Intermediary Appeal Court the leave of appeal against sentence, unless such sentence has not been fixed by any future amendment to the Act.

Where the Office of the Emperor, the Office of the Chancellor, or the representation of the Cabinet of the Nineteen Countries at the imperial level wishes to challenge an acquittal, its only option is to appeal on a question of law stated by the National Court. The procedure of "Introduction of Case" may, or may not, result in a retrial, but must seldom be used owing to pre-trial appeals to the Intermediary Appeal Court on questions concerning the conduct of the trial in question. An appeal of civil nature from the National Court must be guaranteed as of right, unless such a case originates from an inferior court, whereby leave must be granted by the Intermediary Appeal Court or the National Court in question. An exception may be made, however, in a case of extraordinary standing, where an appeal from an inferior court may then be brought directly before the Intermediary Appeal Court, and, or, in a case where the National Court in question has recorded the dissatisfaction of one or more parties in relation to its decision. A Certification of Judicature Standing must be made into reality, by application, for such a proceeding to take place.

The authorities and corresponding responsibilities of the court described are final, in accordance with the fourth introductory principle of The Rule of Law.
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6.9. Jurisdiction in the Nineteen Countries

Postby Yohannes » Thu Jul 20, 2017 3:28 pm

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6.9. Jurisdiction in the Nineteen Countries



Edited from the archive of The Right Honourable Olivia Rose Christensen, the Nineteenth Imperial Chief Justice of the Peace, and the youngest person and second woman in imperial history to lead the judicature of the nineteen countries.

The meaning of jurisdiction... in the nineteen countries, is somewhat synonymous with the power of judiciary. Jurisdiction, in the nineteen countries, means the authority of a court to decide matters before it, or to take cognisance of matters presented for its decision. Jurisdiction can be original, or it can be appellate. Original jurisdiction, or originating jurisdiction, indicates authority of the judicature, to hear and determine, questions of law, and, or, fact at first instance. Appellate jurisdiction, meanwhile, indicates the authority of the judicature to hear and determine appeals from courts of inferior standing. Most courts within the judicatures of the vast... and beautiful communities of nation states around us, combine originating and appellate jurisdiction, whether their national leaders, or heads of government who control their respective nation states know this or not. I am more than happy, of course, to explain this for the international academic communities, of the World Assembly and foreign governments, out there.

To repeat what I have said, most courts of judicatures of nation states of the international communities of regions combine originating and appellate jurisdiction features. Examples, would be, amongst other things: The District Courts of the Empire of Jingoistan, the family courts of the Great Social Republic of Bananistan, the High Court of the Seventy Sixth Royal Realm of Great England, and of course, the Court of Appeal of your nation state, whether you realise it or not, or of course, not Court of Appeal, but Courts, of Appeal, in the case of the Empire of Jingoistan's state to federal jurisdiction judicary previously mentioned. A Court of Appeal is the place where High Court proceedings rest, if required. In the nineteen countries, however, the exercise of judicial power is reactive. The institution known as the Justices of the Peace treats judicial concept and various other legal theories somewhat differently.

Jurisdiction is not, at large, but is grounded in existing disputes amongst litigants. There must be, a Lis, or situational disputes between named parties for a court to be grabbed of jurisdiction. Live controversy, if you will. In the nineteen countries, a court will not issue opinions of advisory nature for a community's general guidance. In Christianity Versus Maxtopia, the court refused to consider "theoretical" and "assertion of theoretical standing" with "no ground of actuality". Exception to this, of course, can be found by looking at the Memorandum of Justice Act of 1883 of Bigtopia, which gives permission for the declaration of decisions based on the construction of legal instruments. In the one hundred and seventy sixth roundtable discussion, the Justices, including I myself, ruled that "the question must be real. It cannot be theoretical. The individual or party raising it must have a real interest to raise it. A proper contradictor must be secured in her or his name. That contradictor... she or he who is thoroughly in opposition to the sought declaration."

Since the days of the founding monarchs, courts in the nineteen countries have not entertained questions that can be brought as a subject of further debate, or moot, and questions that have not matured beyond the wall of live controversy, or cases that have not yet become cases of substantial controversy. A ripe case, that is, a case that is not ripe for a decision, for it must await future conditional events. A case is also considered as a case that can still be brought as a subject of further debate if there is no further dispute to be brought before the court, and the order by that court would be purely academic in nature. Under the doctrine of ripeness, where according to Encyclopedia Maxtopia, "it prevents plaintiffs from seeking judicial relief while a threatened harm is merely conjectural", in the nineteen countries, the Justices of the Peace and the lower courts must evaluate the fitness of the issues for judicial decisions. It is therefore somewhat different, more vague in comparison to the ripeness doctrine and the judicatures of overseas nation states.

In the nineteen countries, as the Justices of the Peace, and Judges of the lower courts, we must ask the following questions:

Are they formed and settled?

... or are they premature and of speculative nature...?

Another thing that must be taken into account is also the extent of hardship of the parties of declining jurisdiction. As such, in a way, in some cases, the doctrine of ripeness is not as influential in the nineteen countries as it is overseas. The Imperial Judicature Amendment Act of 1959 specified that we should not apply the doctrine of ripeness willy-nilly for the judicial review applications we receive once or so every single week. it said that "judicial review of the proposed use of statutory power must be used before actual harm occur in relation to the case in question". It meant the possibility of injury happening to one or more parties involved in a case would turn that case ripe enough for us to intervene.

Whether a case is moot or not in the nineteen countries? That's an entirely different thing altogether.



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6.9. Jurisdiction in the Nineteen Countries (continued)

Postby Yohannes » Thu Jul 20, 2017 7:34 pm



[ A continuation of the previous section - it is recommended to read the previous section ]


Mootness is a problem we treat somewhat similarly to the doctrine of ripeness. In the nineteen countries, I and other judges of the realm would consider a case as a moot case if there happen a new situation that threatens to overwhelm, or settle, the dispute in question. Some examples can be: statute repeal, lease expiry, and the death of one or more parties involved in the dispute. If litigation is used to settle a dispute, the decision cannot be appealed by the successful party because such a move would dismiss the reasoning. It would also provide for a bad precedent. As such, a successful party has no more grievance to appeal against, and the courts will not deal with further questions, of purely academic standing. The idea whether a case is moot or not is not an inflexible one, of course. Adherence to it can be softened in cases identified as cases of special public importance. Realistically, we may, or may not, rule on such matters even when there is no Lis happening. Further, a case that would have an effect on many people... now for that, we will also provide an exception.

In the nineteen countries, there are two kinds of jurisdiction. It can be an inherent jurisdiction. Or it can be statutory jurisdiction. A word, which I am sure readers would have... uhm, read already throughout this first chapter. Statutory this. Statutory that. Statutory me. Ugh. Yeah.

A National Court of any of the nineteen countries has the powers and privileges to use both inherent and statutory jurisdiction. Hey, that's one example! Anyway. A National Court of any of the nineteen countries uses general jurisdiction. In the continent of Yohannes, general jurisdiction can only be applied as right by these nineteen courts. As you... uhm, would probably know already by now, the Justices of the Peace, as an amalgamation of our judiciary institutions, integrates some aspects of the Common Law and jurisdictions of Equitable Standing used by higher courts all through the land of nation states with Common Law background.

"Inherent jurisdiction... implies all-encompassing and original jurisdiction" in and by itself, that is, not obtained from other sources. Statutory jurisdiction, however, connotes limited jurisdiction, with authorities, powers, and privileges exercised thereof derived from one or more sources, whether a piece of legislation or otherwise. Some superior courts, such as the national courts in the nineteen countries, and most, if not all inferior courts exercises statutory jurisdiction. Now, a Court of Appeal of a nation state, or, Courts, of Appeal in the case of the United States of Amer, I mean, uhm... ahem... the Empire of Jingoistan? They are creatures of entirely statutory jurisdiction.

According to Encyclopedia Maxtopia: "There is no such thing as a common law right of appeal." The jurisdiction of the Supreme Court of a nation state; in other words, it is both appellate and statutory. Absolutely. Totally. A Supreme Court of a nation state has no inherent jurisdiction to entertain proceedings of first instance, or original nature. By the same token, the jurisdiction of a Court of Appeal, in your nation, and in any nation states adopting the Common Law system, is both appellate and statutory. In the nineteen countries, however, the Intermediary Appeal Court exercises first instance, synchronous jurisdiction with the nineteen 'national courts', where the latter rules that a civil case involves exceptional circumstances, and removes it into the Intermediary Appeal Court. This power of removal must seldom be used, unless on the ground situation necessitates otherwise.

As for me? I personally believe that there should be very exceptional circumstances for that power to be used, and I am of the belief that the other Justices believe likewise.

This is the introduction to our alternative to the Common Law system. Together with the Justices of the Peace, gradually developed and evolving through the centuries, it constitutes an important legal history and unique tradition of our land. In my biased predisposition, as the nineteenth Chief Justice of the Peace, I personally like it better than the Common Law system used and adopted by the national leaders and governments of many nation states out there... not the least because it is unique, and can be adapted to suit the culture and tradition of the nation state that has chosen to adopt this body of law! We call this body of law: the Unity Law.

Uhm, it's ten aee, ehm. Meaning it's time for my cup a tea break. I'll be back later after this break, and after I deal with a call from an old friend in Maxtopia.
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6.9. Jurisdiction in the Nineteen Countries (continued)

Postby Yohannes » Thu Jul 20, 2017 10:17 pm



[ A continuation of the previous section - it is recommended to read the previous section ]


Where were we… the Intermediary Appeal Court, cool beans.

In some cases, very unusual, exceptionally important cases only, the Intermediary Appeal Court can create jurisdiction, for itself, to take points of law on appeal. Their judges have the privileges of holding both their seats as judges of the Intermediary Appeal Court and judges of any National Court at the same time. As such, they may reconstruct themselves as a full court of equal standing with any court at the national level, allowing them to grab the powers and privileges of jurisdiction of such a court. In VMK Defence & Steel Works Versus the Bank of Yohannes, the Imperial Intermediary Appeal Court sat as, or assumed the position of, the Regent’s Court of the Regency of Lindblum and the National Court of the Kingdom of Alexandria, at the same time. Talking about constitutional law irregularity, huh... anyway, because of that, it was able to take the case involving outstanding debt of one of VMK’s suppliers with the Bank of Yohannes. It formulated questions which it removed into the Intermediary Appeal Court, and answered in a prepared judgement. Immediately on the same day, they, the same people acting previously as the Intermediary Appeal Court judges, delivered their National Court judgement.

Unlike the Intermediary Appeal Court, the Justices of the Peace of the Seven Highest Order cannot reconstruct itself as a sitting of a National Court in order to exercise the powers and privileges inherent in such a jurisdiction. It is true that, in accordance with section six, point two: The Head Judicature, ‘No person can be appointed as a Justice of the Peace unless she or he has previously been appointed as a Judge of the National Court, or is appointed as a Judge of the National Court at the same time’. But. They cannot exercise the powers and privileges of a National Court jurisdiction. An easy way of putting it is; they cannot transform themselves as National Court Judges from Justices of the Peace. They can only do it the other way around, from sitting as National Court Judges to sitting as Justices of the Peace.

Uhm, I will have to sign this piece of paper for now. I will be back in a wee bit. When I am back, we will dwell a bit deeper into the concept of inherent jurisdiction in the nineteen countries. Yeah.
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6.9. Jurisdiction in the Nineteen Countries (continued)

Postby Yohannes » Fri Jul 21, 2017 1:44 am



[ A continuation of the previous section - it is recommended to read the previous section ]


Before I start, I want to stress the following. Inherent jurisdiction and inherent powers are not the same. Most people tend to think that they are one and the same. Why is it important? Because confusing one or the other, and recording it in a piece of legislation for your nation… whilst not knowing the difference between the two, can really… uhm, mess your nation up. Big time.

A National Court in the nineteen countries has the powers and privileges derived from its inherent jurisdiction. Other courts in the nineteen countries have inherent powers, but do not have the powers and privileges of inherent jurisdiction. One example can be seen by looking at, uhm, Section five, Point one: Membership of the Commission. “General jurisdictions”, as mentioned by that section, is the same as “inherent jurisdiction”, for they have the same exact meaning.

When we look at most national leaders, heads of government, or high up officials of nation states who are trying to create their own piece of legislation for the very first time, they tend to mix up both words together as one. It's understandable, of course, as I have made this mistake myself in the not so distant past. Inherent jurisdiction, or general jurisdiction, symbolises all-encompassing and original authority in common law to hear and determine matters at first instance. A court in our nation has powers, not jurisdiction, to determine its procedures. Once a court has been seized of jurisdiction, it can exercise such powers.

The difference between jurisdiction and powers, of course, is conceptual, not semantic. A National Court in the nineteen countries is a superior court having general jurisdiction. A court at the national level is also the only court to be seized of inherent jurisdiction. In accordance with the Imperial Judicature Amendment Act of 1959, the National Court has “jurisdiction of judicature, to the extent needed, to fulfil its leadership role completely in a country.”

According to that Act, a National Court in the nineteen countries has the jurisdiction to entertain unity law actions, to grant remedies in equity, to construe and apply statutes, and declare the rights and liabilities of any persons or parties. Under the condition of existing statutory provisions, a National Court may issue orders to allow for the effective administration of justice, on behalf of itself and any inferior courts within its judicature system. Under an inherent jurisdiction, such a court may punish for contempt of court, on behalf of itself and any inferior courts within its judicature system. It may also administer public law remedies in judicial review, grant bail, protect children and persons of unsound mind, punish and discipline officers of the Justices, and rule on questions of law not committed to the exclusive jurisdiction of other courts.

In short, a National Court has overarching authority on judiciary matters in its country of origin. It can create its own jurisdictions and control the jurisdiction of other inferior courts and public bodies in its country of origin. Further, it can review any decisions that are seized of jurisdiction in any inferior courts within its country of origin.

However, whilst the judiciary capacity of a National Court is overarching, it’s not absolute. A National Court cannot intervene on matters where parliament, the Electoral College, or their subordinate bodies by statutory rights are involved, in accordance with the third introductory principle of The Will of Parliament. That is, statutory jurisdiction is original, whereas statutory power comes from an existing jurisdiction. I will, uhm, try to talk about statutory power next. I just have to, uhm, find some old notes first… just to make sure I don’t say silly things.
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6.9 Jurisdiction in the Nineteen Countries (Continued)

Postby Yohannes » Fri Jul 21, 2017 5:01 pm



[ A continuation of the previous section - it is recommended to read the previous section ]


In the nineteen countries, the unity law provides for an alternative to the common law for courts, and as such, the unity law is the body of law which supplements judicial power. All courts of such body of law possess inherent powers... flowing from the existing jurisdiction of any such courts. Every courts, whether inferior or superior, enjoys united, or unity power, to block corruption, and to open the path for their unchallenged jurisdiction. Some scholars in the nineteen countries, and some constitutional law specialists, including I myself, disagree with the questionable statement that, because of that, the inherent power of a court in the nineteen countries is absolute.

I personally believe, as I have said before, that inherent power comes from inherent jurisdiction, and as such, one is not independent, from the other; one is caused by the other, which in this case is the court and the way it exercises its inherent jurisdiction. At the end of the day, however, it doesn't matter. My view, and those with different views; we come to the same conclusion: that inherent powers are attached to a court fixed with jurisdiction - somewhat different, not by much, but still different, from Common Law - and that they are both inseparable features of the Unity Law.

These powers are delegated from the jurisdiction of their respective courts, something which even the the most experienced judges in the nineteen countries can forget about, in the heat of the moment. In Thorndon Versus VMK Defence & Steel Works, at the height of the proceeding in 2009, involving a payment of more than thirty-nine million Quertz russling in damages, the Justices of the Peace of the Seven Highest Order, then led by my predecessor, the Retired Justice Adrian Holmström, assumed an inherent jurisdiction, which was a, uhm, total no no. They were saved only by the statutory exception attached to the proceeding. It was able to save face by setting aside the application to the Grand Ducal Court of the Grand Duchy of Dali, which was the intended, originating jurisdiction for application.

The courts of Unity Law gradually developed, through the history of the nineteen countries, to make even better the release of proceedings, and all done in a productive and straightforward manner for the respective courts to:

    1. Apply correction to incorrect, or unintentionally misleading court record,

    2. Award monetary payment,

    3. Call for new trials to correct any previous decisions,

    4. Correct inaccurate judicial orders.

    5. Control solicitors and fatuous proceeding,

    6. Dismiss or stay proceedings for undue delay or cause,

    7. Ensure evidence are not released into public knowledge.

    8. Grant bail,

    9. Safeguard against corruption, and;

    10. Sit in camera or in chambers

    11. Summon those meeting the Persons of Witness certification without delay.
There are many more obvious examples to the above, of which I am not going to say because uhm, they are too long to list. But the above list shows some of the most important ones, so, uhm, yeah.

Courts of the Unity Law don't see distinction between inferior and superior courts in any one of the nineteen countries, for they are all united to protect their country of origin. Inherent powers, for inferior courts, are equal in strength to inherent powers of their superior counterparts, in accordance with the fourth introductory principle of The Rule of Law.
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6.9. Jurisdiction in the Nineteen Countries (continued)

Postby Yohannes » Sat Jul 22, 2017 4:19 pm



[ A continuation of the previous section - it is recommended to read the previous section ]


The fourth introductory principle of The Rule of Law, derived from The Rule of Law doctrine of Maxtopia and the Seventy Sixth Royal Realm of Great England, has three main points:

    1. The final, and total, importance of regular law above capricious decision making process. That no punishment is given to anyone who follow the law of the land, and that punishment may only be given to those who break the law of the land.

    2. Equality before the law of the land. No person is above the law. Officials, like the private commoners and the gentry, must obey the law. The equal application of the law prevented separate administrative or executive courts for citizen claims against the governing entity of their nation.

    3. Law of the Constitution is not a result of the constitution itself, but a result of the sanctified rights and liberty of the private citizen. The courts of the land must enforce this liberty and right.
The right and the liberty to live as good persons of the land, equally before the law, are secured not by constitutional writing, but by the judicious administration of private law, given and handed through the years, by the very basic action of multiple litigations. The Unity Law, just like the Common Law, guarantees absolutely the basic rights of the commoners. The stroke of a pen, or pencil in times of... hardship, by The Right Honourable Chancellor of the Nineteen Countries, or Her Majesty the Queen of Alexandria, could easily erase, or repeal, any part of our constitutional code: the Acts of Parliament. Provided there are, of course, existing majority agreement by parliament and the college. But that stroke of a pen could never erase the liberty and rights manifested through the innumerable decisions of the courts of our land.

The independence of the judicature is an essential part of a liberal democracy and the rule of law. I personally believe... that it is one, of only three things in the nineteen countries, that are seen as waaaay above the legislature; in authority, in the way the people respect the institution, and its popularity. In accordance with the first introductory principle of Limited Separation of Powers, the separation of the judicature is more complete than the separation of the executive and the legislature. All persons of the land, politicians, firewomen and men, the officers of law enforcement, public officials, doctors, nurses, everyone must be answerable to the law, the Unity Law, as administered by the Justices of the Peace and the lower courts of the land. In the nineteen countries, multiple previous acts of parliament, such as the Gender, LGBT, Racial and Religious Minority Act of 2016, ensure the right of fair and impartial public hearing, by an independent institution - the court, that is - for those charged with one more offences. As you can see from the way the judicature is dominant in the nineteen countries, I believe, in my biased predisposition, that the nineteen countries, despite its many failings and failures throughout history, has without a doubt one of the best institutions of judiciary out there.

In unity law, the word impartiality symbolises the everlasting value in relation to adjudication. The words "independence" and "impartiality" are related with one another. An institution that have not one neither has the other. But, although related, they are well-defined and distinct from one another. The independence of the judicature is the vehicle to ensure equal and fair decision making. For the Justices of the Peace of the Seven Highest Order, independence of the judicature can only be achieved not only by the capacity of the judges to think truly independently and to be above communal opinion, but also by the independence of the court... the culture of the institution... the history, the makeup of the officers, the legacy... everything, to do with the court which she or he presides. As such, not only judges, but persons of legal profession are required to maintain the independence and integrity of the judicature of one's nation state. Without which, the principle of the Rule of Law cannot be upheld. And if that cannot be upheld, then one's nation state is bound to be a failure, in any way possible, economically, militarily... politically. In my eyes, anyway. Ahem. Wonder who wanna lead failing nations.

Jurisdiction, therefore, is an important concept in the nineteen countries and the unity law itself. The time has come for me to retire, once again... for I have a lot to study until months ahead. But before I depart, and go fully part time in nation states related matters again, I would like to close this section, Justices of the Peace Act of 1787, with one last subsection, which will summarise the history of the Justices of the Peace in the nineteen countries. Until next time!
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The First Amendment - Investigation and Review

Postby Yohannes » Fri Aug 04, 2017 11:23 pm

The First Amendment - Investigation and Review


The range of bodies and persons, susceptible to investigation and review by Yohannes the nation state, must be stressed for the purpose of constitutional clarity. This amendment ordains the following subject of such investigation and review, constituting the seventh introductory principle of Investigation and Review:

    1. The Commissions of Parliament and the Realm, in accordance with the third introductory principle of The Will of Parliament,

    2. The Heads of Government Departments, in accordance with the fifth introductory principle of Responsibility of an Imperial Ministry,

    3. The Incorporated Bodies, in accordance with the Imperial Commerce and Industry Act of 1827,

    4. The Inferior courts, in accordance with the Justices of the Peace Act of 1787,

    5. The Imperial Statutory Tribunals, in accordance with the Justices of the Peace Act of 1787,

    6. The Local and Regional Authorities, in accordance with the Imperial Public Body Act of 1848,

    7. The Ministers of the Realm, in accordance with the second introductory principle of The Three Executives,

    8. The Private Organisations of the Realm, in accordance with the fourth introductory principle of The Rule of Law, and;

    9. The Unincorporated Public Bodies, in accordance with the Imperial Public Body Act of 1848.
Any decision of public nature in the nineteen countries is subject to government review at the imperial level. Such exercise of powers and privileges is reviewable by the Justices of the Peace of the Seven Highest Order only in cases of special public importance. Such source of powers must not be considered as material or general but of specific nature, whether it be by statute or by prerogative. The first order authority of review must be vested in parliament, in consultation with the college. The second order authority of review must be vested in the Justices of the Peace, for cases of special public importance.

The First Amendment hereby created and enacted into reality as the seventh introductory principle of Investigation and Review is to be recorded on the date of August the Fifth, year 1861.
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The Second Amendment - Economy and Industry

Postby Yohannes » Sun Aug 06, 2017 5:58 pm

The Second Amendment - Economy and Industry


With the unification of the nineteen countries, the establishment of the Electoral College, the ascendancy of parliament, and the foundation of the Justices of the Peace, with the empire-wide objective: the modernisation and industrialisation of the nineteen countries, to catch up with the more economically and technologically superior nation states of the occidental communities; there must be made into reality a new uniform coinage system, a new commercial code for industry and trade, a modern banking institution[Note 1], a consortium of heavy industry and manufacturing[Note 2], an emphasis on free trade with the leading nation states of the occidental communities, the abolishment of hereditary representation of the landed gentry on the local and regional councils and bodies of governance of equal standing in any of the nineteen countries, the liberalisation of the power of any company and equal body of commerce of the realm to borrow, raise, or secure payment of currency in such manner as the body may think fit; the legislative authority of parliament at the imperial level in the field of commercial and tariff policy, matters of land and maritime communication and transportation, weights and measures, consular rights at the national level; and any other matters of importance, to the economic well-being of the nineteen countries, in the continent of Yohannes.

The Second Amendment hereby created and enacted into reality as the eighth introductory principle of Economy and Industry is to be recorded on the date of February the Ninth, year 1871.



Note 1: The earliest predecessor of the modern Bank of Yohannes.
Note 2: The earliest predecessor of the modern VMK Defence & Steel Works
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The Third Amendment - Imperial Citizenship

Postby Yohannes » Sun Aug 06, 2017 9:01 pm

The Third Amendment - Imperial Citizenship


In accordance with the Citizenship Act of 1820, for the expressed purpose of elevating the status of Imperial Citizenship above the jurisdiction of future entities, this amendment ordains the following:

Section 1: Citizenship indicates the quality of membership in a nation state. It is governed primarily by law at the municipal level. The World Assembly and the international communities of nation states, by their inherent freeform and open ended world building storytelling nature, codified through the centuries, has never defined the limitation of citizenship of a nation state, and as such, questions of nationality are principally within the jurisdiction of one’s nation state.

Section 2: Through the Unity Law, the Justices of the Peace has favoured, in consensus since unification, the legal acknowledgement of plural nationality and citizenship, over that of restriction upon the acquisition of nationality by any persons. A person born in any of the nineteen countries, in the continent of Yohannes, owes natural allegiance to that country by virtue of that person’s birth there. In turn, that country owes a reciprocal duty of protection to such persons. A citizen of any of the nineteen countries is also an Imperial Citizen at the same time.

Section 3: The acquisition of the status of an Imperial Citizen is governed by permanent provisions and transitional provisions, in accordance with the Citizenship Act of 1820. The permanent provisions dictate that the acquisition of citizenship after the date this amendment has been made into reality must be guaranteed by way of birth, of descent, or of ceremonial grant. The transitional provisions apply to persons who are Imperial Citizens by virtue of Immigration Right or Legacy Right in accordance with the Citizenship Act of 1820, at the imperial level, and any such equal pieces of legislation enacted at the national level.

Section 4: The acquisition of the status of an Imperial Citizen by any persons will invalidate any status of ownership upon such persons, whether by any previous agreement, by force, or by birth. Such persons will be considered as free persons, free from bondage, slavery, or any such acts of corruption and evil. In ensuring that that be made into reality, any such persons will be protected by the Government of the Nineteen Countries, whether by means of diplomacy through the Three Executive, or by means of military force through the Commonwealth Navy.

The Third Amendment hereby created and enacted into reality as the ninth introductory principle of Imperial Citizenship is to be recorded on the date of July the Eleventh, year 1875.
Last edited by Yohannes on Sun Aug 06, 2017 11:02 pm, edited 1 time in total.
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