Judges

Propose and review new legislative variables for the game.

Judges

Postby EEL Mk2 » Thu Jul 30, 2015 9:16 am

Name of the Law/Policy: Selection of judges
Law/Policy Category: Justice

Options:
1) Judges are elected by the public.
2) Judges are elected by the legislature.
3) Judges are appointed by the executive but must be approved by the legislature.
4) Judges are appointed by the executive without reference to the legislature.
5) Judges are appointed by other judges and/or legal experts.
6) Judges are selected using methods determined by local governments.

Effects:
1) Increase in civil rights and small gov't.
2) Small increase in civil rights and small gov't.
3) Neutral.
4) Small decrease in civil rights, small increase in big gov't.
5) Small decrease in civil rights, small increase in small gov't.
6) Increase in devolution.
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Re: Judges

Postby Farsun » Thu Jul 30, 2015 1:50 pm

This I like.
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Re: Judges

Postby Aquinas » Thu Jul 30, 2015 4:21 pm

This is an exciting one, but it looks rather like a constitutional law, and we're not able to add those as variables to the game, since we can't implement the requirement for them to need to pass with a 2/3rds majority. The good news, though, is that Moderation will recognise constitutional RP laws that are passed in accordance with sections 10 & 11 of the Rules of the Game (see viewtopic.php?f=11&t=5519&start=0 ). So there is still room for at least some constitutional innovation in the game!
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Re: Judges

Postby EEL Mk2 » Fri Jul 31, 2015 10:51 pm

I would beg to disagree here, Aquinas. In many countries the judicial system is established by normal statute, or at least the details are dealt with by statute. In my home country of Australia, for example, the entire court system apart from the High Court (which is constitutionally entrenched) was set up by statute; the Constitution merely mandated that there be some sort of judiciary in addition to the High Court. Similarly, in the US, the Constitution does not mandate the existence of courts other than the Supreme Court (although it provided Congress with the legal authority to establish them). There is also no mandated means of appointment (the Senate could delegate through statute its powers to advise and consent).
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Re: Judges

Postby XanderOne » Thu Feb 13, 2020 12:12 pm

I'm sorry to reply to this threat with so much retard but I noticed that the law has been add to the game only recently and about the law's options I started a debate with other players in Istalia because think that it has not been considered an option that in reality for at least a century has been adopted by many civil law countries in the Mediterranean area and in general in Europe, or rather the system of "High Council of the Judiciary", a system aimed at ensuring the maximum independence of the judicial system through the creation of ad hoc body responsible within the judicial system for regulating the profession of prosecutor, thus which administers and manages the careers of magistrates/judges and therefore the appointment of magistrates.

Maybe we could add an option like:

- Judges are appointed by an indipendent neutral body, or indipendet/neutral judiciary body

In any case something like that.

What do you think?
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Re: Judges

Postby Auditorii » Thu Feb 13, 2020 12:32 pm

XanderOne wrote:I'm sorry to reply to this threat with so much retard but I noticed that the law has been add to the game only recently and about the law's options I started a debate with other players in Istalia because think that it has not been considered an option that in reality for at least a century has been adopted by many civil law countries in the Mediterranean area and in general in Europe, or rather the system of "High Council of the Judiciary", a system aimed at ensuring the maximum independence of the judicial system through the creation of ad hoc body responsible within the judicial system for regulating the profession of prosecutor, thus which administers and manages the careers of magistrates/judges and therefore the appointment of magistrates.

Maybe we could add an option like:

- Judges are appointed by an indipendent neutral body, or indipendet/neutral judiciary body

In any case something like that.

What do you think?


I'll take a look.
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Re: Judges

Postby jamescfm » Sat Apr 11, 2020 4:06 pm

Just came to propose the same thing when looking at the current options. An alternative which says "Judges/magistrates are appointed by a politically independent commission" would be helpful.
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Re: Judges

Postby Auditorii » Sat Apr 11, 2020 4:12 pm

jamescfm wrote:Just came to propose the same thing when looking at the current options. An alternative which says "Judges/magistrates are appointed by a politically independent commission" would be helpful.


I have that on my list as an addition!
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