Tuesday, February 20, 2018

Constitution Reform Proposal Article 4: Judicatory Reform

(A)
The Attorney General should replace the Governor General in Chapter Three section seventy-two of the Constitution, but a person who can be appointed to become a justice of the federal high court, must be proposed by the Attorney General to the Senate and approved by the Senate. The Prime Minister should replace the Governor General and the Queen in Chapter Three section seventy-three and section seventy-four of the constitution. 

(B)
The person who can be appointed become a justice of the Federal High Court, after this amendment should

1. have no criminal record and
2. not be a current official or General Personnel of the Armed Force of the Commonwealth

(C)
The Federal High Court has the right to place organizations on trial for having an objective or conducting action that both violated the freedom of others and violated this constitution, if found guilty such organization should be outlawed within the Commonwealth, such organization should not exclude religious organizations, regardless of whether it is a Christian organization, Islamic organization, Jewish organization, Buddhist organization, Satanist organization, Hindu organization, Pagan organization or any other religious organizations or political organizations. Such trial should be trial by a panel of five justices, accompany by a panel of at least fifteen juries and the decision of such trial of the Federal High Court, should be determined by a vote of the five justices and agree upon by the jury, whenever the jury and the justices cannot agree with each other, there should be a retrial. But if, at least, four of the five justices voted for the same decision, the agreement of the jury is not necessary. 

(D)
There can be no more than five justice of the federal high court who are member of the same political party, whenever, a federal high court has up to five justices whom are members of the same political party, any other person whom are member of such political party, must resign from such political party before becoming a justice and if any existing justices want to become a member of such political party, he must resign from been a justice.

(E)
After a person served as justice for eight years, the Attorney General can remove a person serving as justice, but require approval of the absolute majority of the House of Representative and the absolute majority of the Senate. The Attorney General must present a case of dismissal, to the Senate and to the House of Representative, if either less than half of the members of the House of Representative or less than half of the members of the Senate approve of such dismissal, such person serving as a justice of the federal high court should not be dismissed and whenever over half of the Senate or over half of the House of Representative disapprove of removing a person serving as a justice of the high court, the Attorney General cannot again make a case of dismissal to remove such person from been a justice of the high court, for another eight years. When contradiction occurred between this amendment and Chapter Three section seventy-two of the Constitution, the Commonwealth should act according to this amendment. A person serving as a justice of the federal high court, should not be removed by any other form of method, other than that presented by this constitution.

(G)
The power to define the constitution and the law of the Commonwealth should be vest upon the Federal High Court.

(H)
The Prime Minister and the Deputy Prime Minister has the right to grant pardon, reduce sentence and call for a mistrial, but his exercise of such power must be subject to the law of the Commonwealth and this constitution.

(I)
The Attorney General has the right to call for a mistrial and reduce sentence, but his exercise of such power must be subject to the law of the Commonwealth and this constitution.

(J)
The Prime Minister has the right to restore a person's lost or stolen civil right and to order a compensation to a person for their lost or stolen civil right, but his exercising of this power must be subject to the law of the Commonwealth and this constitution.

(K)
Any citizen of the Commonwealth that is age twenty or over, can sue a law of the Commonwealth for violating the Constitution of the Commonwealth. Such trial should be trial by the Federal High Court and if the Federal High Court decide such law is in violation of the constitution, such law should be abolished. Such trial should be trial by a panel of five justices, accompany by a panel of at least fifteen juries and the decision of such trial of the Federal High Court, should be determined by a vote of the five justices and agree upon by the jury, whenever the jury and the justices cannot agree with each other, there should be a retrial. But if, at least, four of the five justices voted for the same decision, the agreement of the jury is not necessary. 

(L)
Any person who is a justice of the Federal High Court, would seize been a justice, upon gaining a criminal record.

(M)

In regards to what to do this article of this constitutional reform observe the judicatory branch of the United States of America and the Republic of China 中華民國 (Taiwan)


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