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Post by commiczar on Aug 7, 2009 9:14:50 GMT 10
Greetings to All !! Just curious again.......( and "food-4-thought" )........ Does you MicroGovt provide for any legal / court systems; and if so, what are the components of the systems ? ---------------------------------------------------------- For those MicroGovts that have a system already in operation, or to those microGovts that are in the process of establishing such a sytem:............... Is the infrastructure of your micronation's legal apparatus divided into seperate court systems; or instead, is there but one singular-system, which hears cases and makes decisions ? Has there ever been a "trial by jury"; or are most cases handled more as an arbitrator-system ( i.e. board of arbitration ) ? NOTE:............. It is safe to say...more than likely, most micronations have little need for a court / legal system, as the majority of major issues are usually decided within the inner-circles of the MicroGovt; however, for those MicroGovts that have yet to establish any legal / court system, it might be prudent for all serious MicroGovts to, at the very least, give some careful thought and consideration into the possibilities of establishing such a system, in the event that such a system were to ever be needed in a short period of time. ( lay the groundwork...before...you need it, to avoid getting caught off guard ) "BE PREPARED" !![/I] Regards to All !! _____________
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Post by D. N. Vercáriâ on Aug 7, 2009 17:50:01 GMT 10
Presently the Republic of Talossa has a High Court, with two appointed Justices. More or less it's a sinecure, because most legal conflicts have been resolved without the assistance of the Court.
Plans for the creation of a system of lower, maybe provincial courts have been put on the backburner - we're simply too few for that.
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Post by Rex TorHavn on Aug 9, 2009 9:32:35 GMT 10
From the Codex Rex of TorHavn:
Until such time as the Judiciary Branch of the Government is established, the Government-at-Large shall appoint an odd number of judges to sit as a limited sort of jury, for the purpose of trying anyone brought before the Throne for judgement.
The Throne shall appoint one, thruough the offices of the Ministry of Justice, from the House of Peers, the People shall elect the second from the common citizens, and the third shall be chosen entirely by lot.
From the Packlaw of Lykosha:
Essentially, a Lykoshan may do as s/he wishes, so long as this act does not (a) violate the established laws of Lykosha already enacted, and (b) so long as this does not dishonor the “way of the wolf” which is already a First Law of Lykosha.
Also:
On the Challenge and Judgements 1. Definitions: Challenge: Non-lethal Challenge is the method by which anyone may dispute a decison or law. In the case of dispute, consists of non-injurious combat, in which one either yields or loses and one wins. Can consist of boffer weapons, fencing match, contests such as racing, etc. mental contests such as chess, checkers, word games, or other such. These shall be voerseen by impartial Judges chosen by the Jarl. In the case of disputing a law, Challenge shall not be fought, but voted on by the citizens of Lykosha. These shall be moderated by the Guardian of Pack-Law. 2. In all cases, no one may kill in the Challenge. Only the Jarl may kill, and only for the good of the nation. such must be provable by law, and the Jarl may be Challenged for removal, if the people vote to do so. If no one person steps forward to challenge, the Guardian is obliged to do so, for the good of the nation; the althing is likewise obliged to call on the Guardian as well. On the Rights of the Accused 1. The Law reigns supreme within the nation of Lykosha. None shall reign higher than the FirstLaws. 2. Every accused person shall be tried by a fair and impartial Judge. At any time during the trial, the accused may claim prejudice and have the Judge replaced with another Judge, or to have the Jarl judge him or herself. If disinclined to Judge the case him or herself, the Jarl must openly state the reason(s) why not. If changing Judges midstream, the trial must start over. 3. Every accused person has the right to a fair and speedy trial, and to have accusations and possible punishments spelled out to him or her. 4. Due process guaranteed: No person shall be deprived of life, liberty, or property without due process of law. 5. Self-incrimination: No person shall be compelled in any case to be a witness against himself. 6. Counsel: In all criminal prosecutions, the accused enjoys the right to the assistance of Counsel for his defense; however, such counsel must hold a license to practice before the Court. 7. Witnesses: In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him, if alive, and to subpoena witnesses for his defense. 8. Nature of charge: In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the charges filed against him. 9. Double jeopardy: No person shall be subject for the same offense to be twice put in jeopardy of life or limb, liberty or property, except under extreme or compelling evidence. 10. As regards punishment for any offense committed to the government of Lykosha, it is considered that the worst of all is to be driven from the Pack. Such punishment can last anywhere from six months to perpetual. such punishment may only be handed down by the Jarl. Punishment for such may be appealed, through a proxy citizen of Lykosha. Any other punishment, although such are, as yet, unestablished, may be either a fine in money or servitude, paid to the state if the offense is against the state, and to the victim(s) if against the victim(s). 11. Any other laws enacted after these FirstLaws, regarding trial, judgement or punishment, are considered to be a part of this Code, and appended here.
Because Lykosha is a Protectorate of TorHavn, a citizen of Lykosha who feels judged unfairly may approach the Twin Viridian Crowns, and/or the Monarch’s Blade for appeal.
It is also to be noted that, when Clans are established for the administration of the nation, then a clanleader is to be considered the _legal_representative_ of the Packleader, only to be contradicted by the Guardian of the Packlaws.
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George
Global Administrator
Head Honcho and Spangle of the Cosmos
Posts: 2,997
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Post by George on Aug 14, 2009 20:17:41 GMT 10
Atlantium maintains a judicature, but, as with most self-declared entities, crime is non-existent, so it performs a largely ceremonial function at present.
That said, our judicature includes several eminent real-world jurists, including Magister Aequitas (Chief Justice) Machiel de Vries, who is a specialist in Dutch Constitutional Law, lectures in law at Erasmus University, serves on the city council of the Hague, and is a senior policy adviser to the Dutch Minister for Education, Science and Culture.
Another of our Magisters (judges) is a former New York City Administrative Court Judge.
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