Proposal [III]

 

Proposal for Pluralistic Judicial System

 

This proposal is in favor of a Collective Pluralistic Judicial System within a branched Constitutional System [1] [2] (hybrid system).

 

[…a congressional system, is a system of government where the judicial branch exists and presides (hence the term) separate from the legislature and executive branches, to which it is not accountable, and which cannot in normal circumstances dismiss it.]

 

 

THE JUDICIAL COURT

Operation of the Judicial Court

 

Chief Justice and Vice Justice of the Court:

Every five years, one of the ten Justices is in the position of Chief Justice of the Court, as the chair is rotated to each regional seat.

 

One of the ten Justices is also in the position of Vice Justice. By convention, the positions of Justice and Vice Justice rotate on a five year annum basis, each Region thus holding Vice Justice and then Justice every five years. The Justice and Vice Justice shall be balance by Male and Female counterparts, and rotation structured so that each Region shall have either a Male or Female in successive turn.

 

According to the ‘Order of Precedence’, the Chief Justice of the Court is the highest-ranking official. He or She presides over Court hearing meetings and carries out certain representative functions that, in other countries, are the business of the Supreme Court Justice. Apart from that, though, he or she is a primus inter pares, having no power above and beyond the other nine Justice.

 

Court Meetings:

The Supreme Court operates mainly through weekly meetings, which are held each Wednesday at the Capital in Chicago, the second seat of the Internet Government.

 

Apart from the ten Justice, the following officials also attend the meetings:

* Secretary of the Court: As governmental staff participates in the discussion but has no vote in the Court's decisions. Nonetheless, the influential position is often referred to as that of an "eleventh Justice".

* The Court Reporter: The Court Reporter is the spokesman of the Supreme Court and conducts the weekly press briefing after the meeting; they are also responsible for the publishing and librarian requirements of the Court’s decisions.

After the meetings, the Justices always take lunch together. The Court also meets regularly in conclave to discuss important topics at length, and annually conducts what is colloquially referred to as its "school excursion", a day trip to some attractions in the Justice's home Region. In that and other respects, the Court operates not unlike a board of directors of a major corporation.

 

Decisions and Responsibilities:

Each Justice heads two areas of law (cabinet departments), much like the ministers in the governments of other countries. However, as Court members they are not only responsible for their own departments, but also for the business of their colleagues' departments as well, and for the conduct of the government and the judicial administration as a whole.

 

Decisions to be taken by the Court are always prepared by the responsible department. Before a vote is taken at a Court meeting, though, all opinions are circulated in writing to the heads of departments, who commission the senior career officials of their department - the heads of the Judicial Offices - to prepare a written Decision to offer criticism and suggestions. This is called the co-report procedure (Mitberichtsverfahren/procédure de co-rapport), designed to build a wide consensus ahead of a Court meeting.

 

To prepare for important decisions, an additional public consultation is sometimes conducted, to which the Regions, the parties and public are invited, and in which all members of the public can participate. If it is a change in a legal statute is to be proposed to the Electoral Assembly, this step is mandated by law. In such cases, the hearing procedure also serves to identify political concerns that could later be the focus of a popular referendum to stop passage of the issue.

 

The decisions themselves are formally taken by voice vote by a majority of the Justice present at a meeting. However, the great majorities of decisions are arrived at by consensus; even though lately there is said to be a trend towards more contentious discussions and close votes.

 

 

THE OFFICE OF REGIONAL JUSTICE
Regional Presidency

 

The Supreme Judicial Court cabinet [Collegiate System] is composed of ten (10) Justices, one from each Regional metric.

 

Regional Electorates:

1.                  Africa

2.                  North Asia

3.                  South Asia

4.                  North America

5.                  South America

6.                  Central America

7.                  Europe

8.                  Oceania

9.                  Middle East

10.              Tribal Nations

 

These positions are in equal stature [as in the Swiss System] with the “Chief Justice” position being ‘first among equals’ [Primus inter pares].

 

The Judgeship are elected for a 5 year term from each of the ten regional electorates by direct vote, and terms of the Judgeships are staggered so that the Regional representation is rotated into each Judicial Office Cabinet position.

Two new Judgeships are elected each year, depending on the expiration of the region’s Term.

 

Further, ‘Equally Balanced Representation of the Sexes’, Male and Female shall be utilized in alternating terms of the Regional Presidency. In that Five Male and Five Female, Justice shall be seated at all times.

 

Example:  [M/F Alternate upon Term]

1.         Africa               Female

2.         North Asia          Male

3.         South Asia          Female

4.         North America      Male

5.         South America      Female

6.         Central America    Male

7.         Europe             Female

8.         Oceania            Male

9.         Middle East        Female

10.       Tribal Nations      Male

 

 

DUTIES OF THE JUDICIAL COURT CABINET

 

The ten Justices participate in meetings with a consultative vote and prepare the reports on policy and activities of the Court to the legislature. The Court is responsible for the publication of all judicial laws.

 

Under the doctrine of separation of powers, a cabinet under a Judicial Court Cabinet system of government does not function as a policy-making branch of the legislature (Regional Electoral Assembly).

 

In this system, the Judicial Court members are not legislators; they carry out legislative actions rather than making them. In addition to administering his or her segment of the judicial branch, each Judicial Court member heads cabinet personnel whom are responsible for advising their respective Justice on areas within his or her purview. They are appointed by and serve at the pleasure of the Justice; they are strongly subordinate to the Justice and can be replaced at any time. The Justice is free to select anyone, subject to Congressional confirmation.

 

Normally, the legislature or a segment thereof must confirm the appointment of a judicial member; this is one of the many checks and balances built into a judicial system. The legislature may also remove a judicial member through a usually difficult impeachment process.

 

The Court Cabinet Office Positions

 

[The following ‘Cabinet Titles’ are for example purpose only, reserve revisions for final Draft.]

 

1. Chief Justice*
    First Appellate & District Courts

 

2. Vice Chief Justice
    Second Appellate & District Courts

 

3. Patent – Business Method Patents
    Third Appellate & District Courts

 

4. Patent – Chemical Patents
    Forth Appellate & District Courts

 

5. Patent – Copyrights
    Fifth Appellate & District Courts

 

6. Patent – Trade Marks
    Sixth Appellate & District Courts

 

7. Patent – Design Patents
    Seventh Appellate & District Courts

 

8. Patent – Software Patents
    Eight Appellate & District Courts

 

9. Assistant Solicitor General
    Ninth Appellate & District Courts

 

10. Solicitor General
      Ombudsman for Appellate, District and
      Patent Courts

 

   * Justice (Primus inter pares)

 

Functions of these Departments are carried out by the Justice’s appointed Clerical Staff. Staff members are required to be a citizen of the Justice’s region and may server one term.

 

The Judicial Court presides over the entire Clerical Staff and is responsible for the activities, conduct, and disciplinary actions of the Staff members. Wherein acts in violation of the law are committed, disciplinary action will be carried out through the Justice system.

 

---

 

Illustrations:

 

Lab Models: Judicial System Model v1.0

[Requires Java-enabled browser: e.g.: ‘Java Run Time’ installed]

 

--

 

Reference Notes:

 

Court Cabinet [Collegiate System]

http://en.wikipedia.org/wiki/Cabinet_collective_responsibility

 

Judicial System

http://en.wikipedia.org/wiki/Judicial_system

 

Primus inter pares [Chief Justice]

http://en.wikipedia.org/wiki/Primus_inter_pares

 

 

Supreme Court

 

  Appellate Court

 

    Districts Courts & Patent Courts

 

      Administrative Court

--