Jun 17, 17 / Leo 00, 01 13:30 UTC
Critique of the second draft Constitution - Chapter 8 - Supreme Space Court ¶
Article 35. Supreme Space Court
§3) “Supreme Values Council” is undefined! Is this the Supreme Space Council?
§5) 40 is a good age for a young Justice. However, I don’t believe there should be an upper age limit for this type of position.
§7) “Royal Court” is undefined! Is this the Supreme Space Court?
§8) No Citizen (not the HoN, the Justices, the Ministry Chairpersons, the Supreme Space Council members, the Parliament, etc.) should ever be above the laws and constitution of Asgardia! You cannot have immunity and follow the law. All people should be held accountable. The statement: “enjoy immunity and independence and” must be stripped from this clause.
§9) It’s not enough to place the Justices on a five-year probation to be assured they are fit for their office. Lifetime appointments should not be the default term! Justices should be limited to a maximum of two terms at 15 years each term. At the end of each term, Parliament must vote to keep or replace the Justice. We must keep the court fresh and encourage Citizens to participate in the Government.
§*Missing*) There should be an established appeals process from lower courts. Only cases heard by the Supreme Justice will be considered final.
§*Missing*) There should be another point about prohibiting the death penalty here to emphasize this is not an option for any crime in Asgardia.
§*Missing*) All defendants shall be permitted full opportunity to examine all evidence and witnesses without prejudice. At all times, defendants shall have the right to competent counsel. In the event a defendant cannot obtain competent council by his/her own efforts the state shall appoint counsel for his/her use.
§*Missing*) In cases involving criminality, as defined by Asgardian law, the defendant shall enjoy the right to a timely and public trial. The trial shall be carried out by an impartial, competent judge, and a jury of one's peers.
§*Missing*) No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he/she has been acquitted, nor shall he/she be placed in double jeopardy.
§*Missing*) Any person, in case he/she is acquitted after he/she has been arrested or detained, may sue the State for redress as provided by law.
§*Missing*) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land, space, or naval forces, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
§*Missing*) Citizens have the right to appeal decisions handed down at trial by the process defined in the Law of Asgardia.