Chapter 6 - Court of Lazarus

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Court of Lazarus​

V. Court of Lazarus

Composition of the Court

(1) The Court will be comprised of three Justices appointed by the Delegate, subject to confirmation by 50%+1 vote of the Assembly. Requirements for the recusal of Justices and procedure for the appointment of temporary Justices may be established by law.

Key points:

• The Court of Lazarus28 has at most three Court Justices28 at any one time
• The Court Justices28 are appointed by the Delegate11
• The Court Justices28 require at least 50% of the voters of the Assembly26 to confirm them, as well as one additional vote
• The requirements for recusal or not being able to be party to a case or ruiling of the Court28 may be established by law
• The procedure for the appointment of temporary Court Justices28 may be established in law

Term of Court Justices​

(2) Justices will serve until resignation, removal from office by the Assembly, or automatic removal from office. While serving, Justices may not serve in any other office but Councillor of Council on Lazarene Security, Vice Delegate, or Deputy Minister

Key points:

• Court Justices28 will be on the Court of Lazarus28 until they resign or are removed office or automatically removed from office
• Court Justices28 may be removed from office by a two-thirds or 66.66% vote for it by the Assembly26
• Court Justices28 while serving as Court Justices28 may only hold the other offices of the Council on Lazarene Security10, Vice Delegate12 or Deputy Minister8

Powers of the Court​

Powers of the Court

(3) Procedure for constitutional matters brought before the Court will be defined by law.

The procedure or process for how constitutional matters are brought to the Court of Lazarus28 can be defined in law.

Petitions on legislation and government actions​

(4) The Court has the power, upon being petitioned by a citizen, to strike down any general law, treaty, or policy. in whole or in part, and restrain any government action, by two-thirds vote, if such violates this Mandate or any constitutional law.

Key points:

• The Court of Lazarus28, when it is petitioned by a citizen is able to strike down a general law, treaty or policy, partially or completely if it violates the Mandate or a constitutional law
• The Court of Lazarus28, when it is petitioned by a citizen is able to restrain any government action if it violates the Mandate or a constitutional law in that action
• To do so the Court of Lazarus28 must agree to hear the petition, and then two out of three Court Justices28 must agree

Procedural example:

1. A Citizen thinks that part of a law that was recently passed violates the Mandate, so they post a petition to the Court of Lazarus28
2. The Court of Lazarus28 agrees to hear the petition
3. Two of the three Court Justices28 agree that that this part of the law must be struck down
4. This part of the law is struck down, and the Assembly26 is advised to make revisions to the law to fulfill its aims within the Mandate

Petitions on contradictions within legislation​

(5) The Court may, upon being petitioned by a citizen, reconcile contradictions within and between this Mandate and constitutional laws, as well as contradictions within and between general laws, by two-thirds vote, maintaining minimal disruption to the intended purposes of the contradictory provisions.

Key points:

• The Court of Lazarus28, when it is petitioned by a citizen can resolve contradictions that exist between the Mandate and constitutional laws
• The Court of Lazarus28, when it is petitioned by a citizen can resolve contradictions within general laws
• If it wishes to do so, then the Court of Lazarus28 must agree to hear the petition, and then two out of three Court Justices28 must agree
• In doing so, the Court of Lazarus28 is also required to consider the level of disruption to the purposes of the contradictory provisions, and to keep these to a minimum

Procedural example:

1. A citizen26 thinks that a constitutional law that was passed might contradict theMandate, so they post a petition the Court of Lazarus28
2. The Court of Lazarus28 agrees to hear the petition
3. Two of the three Court Justices28 agree that a contradiction exists in a vote, and decide on a better interpretation to resolve this contradiction
4. The Court of Lazarus28 acts to resolve the contradiction, and the Assembly26 is informed of this corrected interpretation

Legal questions to the Court​

(6) The Court may interpret and clarify provisions of law when posed in a legal question, by two-thirds vote, as prescribed by law.

Key points:

• The Court of Lazarus28 can interpret or clarify the laws of Lazarus when asked a legal question
• To make a ruling the Court of Lazarus28 will require a two-thirds vote within their number, or as required by law

Criminal Reviews by the Court​

(7) The Court may, upon being petitioned by a citizen, conduct Criminal Reviews in order to determine whether a person has committed a criminal offence. During a Criminal Review the person must be granted reasonable opportunity to defend themselves against the charges. Procedure for such Criminal Reviews may be established by law.

Key points:

• The Court of Lazarus28 can conduct Criminal Reviews, when petitioned by a citizen
• Criminal Reviews look to determine whether a person has committed a criminal offense, and an opportunity is provided an opportunity to defend themselves against the charges
• Procedure for Criminal Reviews may be established by law, such as through the Criminal Procedure Act (November 2019)

(8) Should the Court confirm by two-thirds vote that the person has committed a criminal offence after a Criminal Review, they may compel the Delegate to impose upon the person a punishment permitted by law, including revocation of citizenship, restriction of ability to vote and/or hold office, ejection and/or banishment from Lazarus and other measures.

Key points:

• The Court of Lazarus28 once it has decided to confirm by two thirds vote of its number that a person has committed a criminal offense, may compel the Delegate11 to impose a punishment permitted by law
• This punishment can include the revoking of citizenship, restriction of the ability to vote or hold office, and ejection and/or banishment from the region, or other measures the Court28 deems necessary

The Court may hold a Criminal Review appeal to reduce or overturn punishments decided in a Criminal Review. The Assembly may overturn or reduce such punishments by three-quarters vote.

Key points:

• The Court of Lazarus28 may conduct a Criminal Review appeal to reduce or overturn a punishment that was decided in a Criminal Review
• The Assembly26 may overturn or reduce such punishments, if three-quarters or 75% of voters in an Assembly26 vote agree to do so

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