Amendment to the Legal Procedure Act, 1803

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

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AMENDMENT TO THE LEGAL PROCEDURE ACT, 1803

Enacted on 14 Sigismund's End, 1804

Introduced in the Commons.

Passed in the 21st Imperial Diet.

 

INTRODUCTION

To further improve the Courts, both of Circuit & Supreme nature, the following amendment aims to alter the Legal Procedure Act, CH611.01D, to improve upon the nature of judicial reviews. Whereas the current reviews are flawed due to the availability of the public to immediately request review from the Supreme Court, this amendment aims to draw the process of legal reviewal to occur within the Circuit Court as their first instance, unless submitted through the individuals denoted within this amendment.

 

SECTION I:

Amendment to the Legal Procedure Act, CH611.01D: 

Following section of the Judiciary Act: 

1. “611.01D - Invoking Judicial Review
   1. (i) Any Imperial subject or government may submit a Request for Judicial Review to call upon the Supreme Court to review the legality of any Edict, Act, or Order issued throughout the Empire;
   2. (ii) Only the Supreme Court may accept and enact Judicial Reviews;
   3. (iii) A Judicial Review does not require a trial but the Court may call for a hearing on the matter;
   4. (iv) The Court shall accept a request for Judicial Review on a majority vote;
   5. (v) In finding a matter to be in violation of existing law upon completion of a Judicial Review, the matter shall be deemed null and void;”

 

Shall be amended to: 

1. “611.01D - Invoking Judicial Review
   1. (i) Following Imperial positions may submit a Request for Judicial Review to call upon the Supreme Court to review the legality of any Edict, Act, or Order issued throughout the Empire;
      1. (iA) The Imperial Cabinet
      2. (iB) Assistant Solicitor-General & Attorney-General
      3. (iC) Magistrates of Imperial Charters
      4. (iD) Electoral Officials
   2. (ii) Only the Supreme Court may accept and enact Judicial Reviews;
   3. (iii) A Judicial Review does not require a trial but the Court may call for a hearing on the matter;
   4. (iv) The Court shall accept a request for Judicial Review on a majority vote;
   5. (v) In finding a matter to be in violation of existing law upon completion of a Judicial Review, the matter shall be deemed null and void;
   6. (vi) Any Imperial subject is required to utilize the Circuit Court as the first instance of review, whereas appeal can be invoked post-case;”

 

Introduced by Representative William T. Aubert on 20th of the Harren’s Folley, 1803

 

Cosponsored by Representative Ophelia van Wick

 

Issued and proclaimed,

Joseph II, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, Defender of the Faith, Duke of Adria, Novellen and Lorraine, Baron of Renzfeld, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.