61RZ06 - The Let the Chief Legal Advisor Advise Amendment

Clarked in the Second Clark (June 2025) of the 61st Ziu
Clark Entry ID: 1788
Bill ID: 1765

WHEREAS, presently the King, Seneschal, and Secretary of State can request an advisory opinion from the Cort pü Inalt, and

WHEREAS, presently the Government's chief legal advisor, the Avocat-Xheneral, can't request an an advisory opinion from the Cort pü Inalt, and

WHEREAS, it seems reasonable for the Government's chief legal advisor to have the ability to also seek advice from the Judiciary.

THEREFORE, be it enacted by the Ziu of the Kingdom of Talossa, that Article VIII, Section 6, which currently reads as follows:

Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, or the Seneschal may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

Is amended to read as follows:

Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, the Seneschal, or the Avocat-Xheneral may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

Ureu q'estadra så,
Breneir Tzaracomprada (MC-GREEN)

Vote summary

Number: 61RZ06
Vote date: June 2025
Result: ? ( Cosă: 78-49-0, Senäts: 0-0-1 )
Required for passage: Supermajority of the Cosă and simple majority of the Senäts

Voting record

MC Party Seats Vote
Dame Miestră Schivă ¡Avant! 20 Contră
Mic'haglh Autófil ¡Avant! 20 Contră
Bråneu Excelsio ¡Avant! 20
Pôl dal Nordselvă ¡Avant! 9 Per
Barclamïu da Miéletz ¡Avant! 9 Contră
Iac Valadeir ¡Avant! 9
Sir Martì-Páir Furxhéir ¡Avant! 6
Dien Tresplet DIEN 17
Breneir Tzaracomprada Green 22 Per
Muhammed Yasir Green 5 Per
Baron Alexandreu Davinescu PROG 21
Sir X. Pol Briga PROG 21 Per
Tric'hard Lenxheir PROG 21 Per
78-49-0
Senator Province Pr. Vote
Antaglha Xhenerös Somelieir Atatürk AK
Iason Taiwos Belacostă BE
Þerxh Sant-Enogat Cézembre CZ
Sir Gödafrïeu Válcadác'h Fiovă FV
Mximo Carbonel Florenciă FL Austanéu
Txoteu Davinescu Maricopa MA
Éovart Grischun Vuode VD
0-0-1
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