Clarification Amendment (November 2019)

[McChimp]

Clarification Amendment (November 2019)

Proposed By: McChimp

Preamble

This amendment of the Twelfth Mandate of Lazarus reduces restrictions upon state officials and returns the Assembly's powers to overturn criminal sentences.

Section 1. Amendment of the Twelfth Mandate of Lazarus

(1) Article IV shall be amended to read:

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IV. Cabinet of Lazarus

Establishment of the office of Prime Minister

(1) The Prime Minister will serve as head of government.

(2) The Prime Minister shall be elected by majority instant-runoff vote for a four-month term. Elections shall be undertaken by the Assembly. Procedure for elections will be defined by law.

(3) The Prime Minister will serve until the end of their term or until resignation, removal from office by the Assembly, or automatic removal from office.

Establishment of the Cabinet

(4) The Prime Minister will set the course of the Cabinet with such ministries, programs, and activities as they determine are beneficial for Lazarus.

(5) The Prime Minister may issue executive directives to set public policy for executive ministries, programs, and activities. Such directives will remain in effect unless rescinded by the Prime Minister who issued them or a subsequent Prime Minister. Such directives may also be amended by the Prime Minister who issued them or a subsequent Prime Minister.

(6) The Prime Minister may appoint Cabinet Ministers to assist with executive ministries, programs and activities, and must fill any ministries mandated by law. Appointment of Cabinet Ministers will be subject to confirmation by 50%+1 vote of the Assembly.

(7) Cabinet Ministers will serve until the end of the Prime Minister's term or until resignation, removal from office by the Assembly or the Prime Minister, or automatic removal from office.

(8) The Prime Minister may provide for the appointment and removal of Cabinet deputies.

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(2) Article V shall be amended to read:

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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.

(2) Justices will serve until resignation, removal from office by the Assembly, or automatic removal from office. Justices may not serve in any other office while serving as Justices.

Powers of the Court

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

(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.

(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.

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

(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.

(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. The Assembly may overturn or reduce such punishments by three-quarters vote.

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