[PASSED] Legal Equality Act

[The Ice States]

Civil Rights, Strong.

Recognising the importance of equality under the law in ensuring justice and stability in society,

Concerned by the lack of legislation or mechanisms to enforce the rule of law since "Equal Justice Under Law" was repealed,

Determined to ensure that the principle of equality under law is maintained in all member nations, in order to deliver equity and justice to their subjects,

The World Assembly enacts as follows, subject to relevant past World Assembly resolutions still in force.

1. All individuals and juridical persons under the jurisdiction of a member nation, as well as that member nation itself, must be held fully accountable under all applicable laws of that member nation.
   
   
2. Where allowed under past or future standing World Assembly law and regardless of Section 1, member nations may
   
   
   1. enact measures such as commutations and pardons, including refraining from prosecuting a case, where said measures demonstrably protect a public interest which (i) outweighs the public's interest in accountability under the law and (ii) clearly necessitates the enactment of such measures;
      
      
   2. grant immunity to actions which are conducted in the scope of legislative or judicial activity, such as casting ballots, testifying in court, or adjudicating on a trial, yet excluding criminal prosecution; or
      
      
   3. allow entities tasked with conducting public functions to engage in otherwise-unlawful acts which are demonstrably necessary for said entities to be able to effectively conduct said functions.
   
   
3. Administrative and political subdivisions of member nations must comply with this resolution as member nations.

Co-author: Chipoli

[The Ice States]

Drafts eaten by the devil.

Recognising the importance of equality under the law in ensuring justice and stability in society,

Concerned by the lack of legislation or mechanisms to enforce the rule of law since "Equal Justice Under Law" was repealed,

Determined to ensure that the principle of equality under law is maintained in all member nations, in order to deliver equity and justice to their subjects,

The World Assembly enacts as follows, subject to relevant past World Assembly resolutions still in force.

1. All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be held fully accountable under all applicable laws of that member nation.
   
   
2. Where allowed under past or future standing World Assembly law and regardless of Section 1, member nations may
   
   
   1. enact measures such as commutations and pardons, where a court of jurisdiction can demonstrate that said measures protect a public interest which (i) outweighs the public's interest in accountability under the law and (ii) clearly necessitates the enactment of such measures;
      
      
   2. grant immunity to actions which are conducted in the scope of legislative or judicial activity, such as casting ballots, testifying in court, or adjudicating on a trial, yet excluding criminal prosecution; or
      
      
   3. allow entities tasked with conducting public functions to engage in otherwise-unlawful acts which are demonstrably necessary for said entities to be able to effectively conduct said functions.
   
   
3. Administrative and political subdivisions of member nations must comply with this resolution as member nations.

The World Assembly enacts as follows, subject to relevant past World Assembly resolutions still in force.

1. All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be held fully accountable under all applicable laws of that member nation.
   
   
2. Where allowed under past or future standing World Assembly law and regardless of Section 1, member nations may
   
   
   1. enact measures such as commutations and pardons, where a court of jurisdiction can demonstrate that said measures protect a public interest which (i) outweighs the public's interest in accountability under the law and (ii) clearly necessitates the enactment of such measures;
      
      
   2. grant immunity to actions which are conducted in the scope of legislative or judicial activity, such as casting ballots, testifying in court, or adjudicating on a trial, yet excluding criminal prosecution; or
      
      
   3. allow entities tasked with conducting public functions to engage in otherwise-unlawful acts which are demonstrably necessary for said entities to be able to effectively conduct said functions.
   
   
3. Administrative and political subdivisions of member nations must comply with this resolution as member nations.

The World Assembly enacts as follows, subject to relevant past World Assembly resolutions still in force.

1. All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be subject to all laws of that member nation, to the full extent of said laws.
   
   
   
2. Subject to World Assembly law, Section 1 shall not prohibit
   
   
   1. measures such as commutations and pardons, so long as these are applied in a manner compliant with this resolution in spirit;
      
      
   2. immunity granted to actions which are conducted exclusively in the scope of legislative or judicial activity, such as casting ballots, testifying in court, or adjudicating on a trial, yet excluding criminal prosecution; or
      
      
   3. immunity which is demonstrably necessary for an institution or entity responsible for conducting an essential public function to have the necessary authority to effectively conduct said function.
   
   
3. Administrative and political subdivisions of member nations must comply with this requirement as member nations.

The World Assembly enacts as follows.

1. All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be subject to all laws of that member nation, to the full extent of said laws.
   
   
2. Subject to World Assembly law, Section 1 shall not prohibit member nations from
   
   
   1. enforcing measures such as commutations and pardons, so long as these are applied in a manner which is clearly in the public interest, and which does not obstruct accountability under the law for a general group of persons; or
      
      
   2. granting immunity for actions conducted exclusively in the context of legislative activity, such as the drafting of bills or the casting of ballots.
   
   
3. Administrative and political subdivisions of member nations are subject to the same requirements as imposed by this resolution directly upon member nations.

[The Ice States]

Bump.

[Comfed]

Your language in section 2 is far too vague.

[The Ice States]

Your language in section 2 is far too vague.

The wording has been amended to improve clarity. Yet, any further clarification would likely harm the aims of this proposal or make it overly restrictive. Being able to shoot people outside of defense of self or others is not "demonstrably necessary for [police] to be able to effectively conduct [policing]". Being able to arrest people in nations without citizen's arrest, however, certainly is.

[Imperium Anglorum]

All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be subject to all laws of that member nation, to the full extent of said laws.

OOC. It seems any nation could just write their "loopholes" into the laws. No lictor may use deadly force except when commanded to by a holder of imperium outside the pomerium.

[The Ice States]

All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be subject to all laws of that member nation, to the full extent of said laws.

OOC. It seems any nation could just write their "loopholes" into the laws. No lictor may use deadly force except when commanded to by a holder of imperium outside the pomerium.

Should be fixed.

[Imperium Anglorum]

OOC. 2(b) doesn't include things like stating allegations against someone in Parliament, which otherwise could be challenged on ground of libel. The requirement of someone being under some jurisdiction can be done away with by establishing personal jurisdiction.

[The Ice States]

OOC. 2(b) doesn't include things like stating allegations against someone in Parliament, which otherwise could be challenged on ground of libel.

Would this not count as "legislative activity"?

[Imperium Anglorum]

OOC. 2(b) doesn't include things like stating allegations against someone in Parliament, which otherwise could be challenged on ground of libel.

Would this not count as "legislative activity"?

Your wording is that they have to be exclusively in the scope of legislative activity. The libel complainant will of course assert that other scope is damaging his reputation.

[The Ice States]

Would this not count as "legislative activity"?

Your wording is that they have to be exclusively in the scope of legislative activity. The libel complainant will of course assert that other scope is damaging his reputation.

Thanks for the comment -- I've removed "exclusively".

[Bananaistan]

"What exactly does "equal under all laws" mean? Is maternity leave abolished on the basis that men, children and old women can't possible ever claim it? Are reserved car parking spaces for people with disabilities unequal?

"We would also question whether there is anything here which actually decreases governments' control over the lives of citizens. (OOC: category)."

[The Ice States]

"What exactly does "equal under all laws" mean? Is maternity leave abolished on the basis that men, children and old women can't possible ever claim it? Are reserved car parking spaces for people with disabilities unequal?

"We would also question whether there is anything here which actually decreases governments' control over the lives of citizens. (OOC: category)."

"We have elected to remove the equality mandate, as we find it to be one of the few things addressed sufficiently by GA #35. In addition, past resolutions addressing this matter -- specifically GA #572 and GA #374 -- have been classified as Civil Rights, so we find it appropriate to classify this proposal as addressing Civil Rights."

[Bananaistan]

"Ok then, so what exactly does this do now? For example, an individual is not a company and is not required to comply with company law. Any reasonable jurisdiction will have such differences written into law. Therefore, it is impossible for all legal persons to be subject to all laws.

"In light of this, what's to stop a member nations from writing all sorts of differences into their laws, eg the monarch or dictator and their family could be exempted from tax or other laws?"

[The Ice States]

"Ok then, so what exactly does this do now? For example, an individual is not a company and is not required to comply with company law. Any reasonable jurisdiction will have such differences written into law. Therefore, it is impossible for all legal persons to be subject to all laws.

"This has been addressed."

"In light of this, what's to stop a member nations from writing all sorts of differences into their laws, eg the monarch or dictator and their family could be exempted from tax or other laws?"

"What alternative policy would you suggest, especially when GA #35 explicitly mandates that 'All inhabitants of member states are equal in status in law and under its actions'?"

[Bananaistan]

"Ok then, so what exactly does this do now? For example, an individual is not a company and is not required to comply with company law. Any reasonable jurisdiction will have such differences written into law. Therefore, it is impossible for all legal persons to be subject to all laws.

"This has been addressed."

"In light of this, what's to stop a member nations from writing all sorts of differences into their laws, eg the monarch or dictator and their family could be exempted from tax or other laws?"

"What alternative policy would you suggest, especially when GA #35 explicitly mandates that 'All inhabitants of member states are equal in status in law and under its actions'?"

"Return to the approach of GAR#374 of holding people in power and institutions accountable for their actions and inactions."

[The Ice States]

"This has been addressed."


"What alternative policy would you suggest, especially when GA #35 explicitly mandates that 'All inhabitants of member states are equal in status in law and under its actions'?"

"Return to the approach of GAR#374 of holding people in power and institutions accountable for their actions and inactions."

"That is the approach of this. We hope that this is more explicit with the new revision of the draft."

[The Ice States]

Bump.

[The Ice States]

Second bump.

[The Ice States]

A preamble has been added. Chipoli is now a co-author.

[Chipoli]

Bump.

[The Ice States]

"As this proposal appears to be perfect, we are marking this on last call and will be submitting in a few days."

~Alexander Nicholas Saverchenko-Colleti,
World Assembly Ambassador,
The Communal Union of the Ice States.

[Heidgaudr]

1. All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be held fully accountable under all applicable laws of that member nation.

"I'm concerned that this may in effect eliminate prosecutorial discretion. I imagine it was your delegation's intent to make it so no individual is 'above the law' so to speak (and I certainly agree with that sentiment), but there are plenty of instances where prosecution of an individual may be against the public's interest - even if there is clear and abundant evidence of the crime."

[The Ice States]

1. All legal persons under the jurisdiction of a member nation, as well as that member nation itself, must be held fully accountable under all applicable laws of that member nation.

"I'm concerned that this may in effect eliminate prosecutorial discretion. I imagine it was your delegation's intent to make it so no individual is 'above the law' so to speak (and I certainly agree with that sentiment), but there are plenty of instances where prosecution of an individual may be against the public's interest - even if there is clear and abundant evidence of the crime."

"We hope that the latest revision of this draft avoids the issue."

~Alexander Nicholas Saverchenko-Colleti,
World Assembly Ambassador,
The Communal Union of the Ice States.

[Honeydewistania]

where said measures demonstrably protect a public interest which (i) outweighs the public's interest in accountability under the law and (ii) clearly necessitates the enactment of such measures;

Benji mutters some words under his breath. He sips some coffee then proceeds to express his objections with a clause in 'Legal Equality Act', which he highlighted with a yellow highlighter. "Ahem. First of all, 'public interest' is utterly meaningless, and thus the above does nothing to actually stop supposed 'unjust pardons', so please expunge it from your vocabulary. Additionally, can you name an instance where 'the public's interest in accountability under the law' can be outweighed by a 'public interest'?""