[GA - PASSED] Equal Justice Under Law

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Greater Cesnica

Greater Cesnica

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Equal Justice Under Law
Category: Civil Rights | Strength: Strong
Proposed by: Daarwyrth, Co-authored by: Greater Cesnica | Onsite Topic​

Cognizant of the recently repealed GAR #374 “The Rule Of Law” that mandated liability and responsibility for the actions and decisions of government officials and institutions of member nations before the law,

Adamant to restore the principles of the rule of law in a manner that truly embodies the spirit of this noble ideal, so as to ensure that this fundamental component of governance will stand firm on pillars of fairness and justice, and will ward off both arbitrary or discriminatory punishment,

The General Assembly hereby:
  1. Defines "legislative immunity" as immunity from prosecution or litigation for actions conducted in the context of legitimate legislative activity such as the casting of votes or the debating of legislation,

  2. Establishes that all private and public individuals, officials, entities, and institutions, as well as the state itself and its administrative and political subdivisions are to be held accountable for the acts and decisions that have been made during the employ, tenure, appointment or existence of the aforementioned. Such accountability shall be under either the national, regional, and/or local laws of member states, where applicable, as well as under any guidelines and/or disciplinary measures that may be in use by a particular organization,

  3. Requires that all member nations have the principles of the supremacy of the law and accountability to the law enshrined in the highest form of their national law,

  4. Clarifies that:
    • member states may extend legislative immunity to individuals empowered to conduct legislative activity; and that

    • officials or institutions empowered to do so may carry out acts of clemency such as pardons and commutations, provided that such acts comply with extant or future General Assembly legislation and the spirit of this resolution.
Co-authored with Greater Cesnica.
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Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!
[TR][TD] For [/TD][TD] Against [/TD][TD] Abstain [/TD][TD] Present [/TD][/TR][TR][TD]6[/TD][TD]11[/TD][TD]0[/TD][TD]1[/TD][/TR]
 
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IFV
Overview
This resolution seeks to replace GA #374 and provide a remedy to the currently thorny question of responsibility under the law for elected officials. To this end, the authors define the concept of "legislative immunity" and then outlaw the practice-noting that decision makers like lawmakers must be held accountable for "acts and decisions that have been made during the employ, tenure, appointment or existence of the aforementioned."

Recommendation
We are genuinely unimpressed and indeed even a bit disturbed by the mandates of this resolution for two main reasons. The first is purely logical, and we hope, grounded in the basis for the law. While the law as presently constructed does not address the question of legislative immunity in the purest form, that is that lawmakers cannot be prosecuted for a crime undertaken while they were in office even if said crime is committed outside of duties for the same, it leaves this thorny gray area to chance. It is thus rife for abuse. Secondly, sections 2 and 4(a) constitute a contradiction in terms. Because while section 2 explicitly rejects the idea of legislative immunity in the second sense of the term-protection against acts committed in the commission of an office-section 4(a) then curiously allows legislators to be shielded from the consequences of decision making. One might be left to wonder whether they learned the lessons of the resolution they just repealed. For these reasons, the Ministry of World Assembly Affairs recommends a vote Against the General Assembly Resolution at vote, "Equal Justice Under Law".
Our IFV Recommendation Dispatch, please upvote!
 
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This proposal has reached quorum. Presuming that only "Access To Transgender Hormone Therapy" will be ahead of it in the queue, it will go to vote at 12 AM EST on August 27.
 
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