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RZ5 - The Allowing the Chief Legal Advisor to Seek Advice Amendment

Published in Clark #2

Whereas, presently the King, Seneschal, and Secretary of State can request an advisory opinion from the Cort pü Inalt, and

Whereas, presently the Government's chief legal advisor, the Avocat-Xheneral, can't request an an advisory opinion from the Cort pü Inalt, and

Whereas, it seems reasonable for the Government's chief legal advisor to have the ability to also seek advice from the Judiciary.

Therefore, be it enacted by the Ziu of the Kingdom of Talossa that Article VIII, Section which currently reads as:

Article VIII, Section 6

Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, or the Seneschal may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

Is amended to read as follows:

Article VIII, Section 6
 

Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, the Seneschal, or the Avocat-Xheneral may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

60th Cosâ, Clark #2 results		Amendment?	Ziu	Cosâ				Senäts
Bill	Title		Result	Për	Contrâ	Abstain	Result	Për	Contrâ	Abstain	Result
RZ5	The Allowing the Chief Legal Advisor to Seek Advice Amendment	Yes (2/3 Cosa needed, Majority Senäts)	Fail	85	94	21	Fail	3	5	0	Fail