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Author: Lysander Lyon, MP
Sponsor: N/A
Type: Act of Parliament
1. Short Title
(a) This bill shall be referred to as the "Judicial Guidance Act".
(b) This bill was authored by Lysander Lyon.
2. Judicial Guidance
(a) Members of the Supreme Court of the Azalea Isles may choose to respond to general inquiries about the law by providing judicial guidance.
(b) Judicial guidance shall be the Justice’s interpretation of the law, either in broad terms or as it relates to a particular point of conflict or lack of clarity.
(c) Judicial guidance should not be given for specific cases, trials, or situations. For example, a Justice should not give judicial guidance by stating “In the case of Vontobel v Ministry of Urban Development, I understand the Plot Regulation Act to be saying…”; guidance should focus on broader issues than that, such as “I believe an individual’s right against unreasonable search includes unreasonable tracking of their communications.”
(i) In essence, guidance should never be specifically and completely tailored to a situation. It should provide general clarity on an issue, with the understanding that there can and will still be cases over that same issue because specifics vary.
(d) Judicial guidance should be posted in a new forums tab, to be easily accessible to all.
(e) Lower courts should factor judicial guidance into their decisions as relevant. It is not mandatory and binding, but it is an indicator of how the highest court may rule on appeal.
(f) There is no requirement that a Justice provide judicial guidance. Justices may sign on to the judicial guidance posted by other Justices, to indicate agreement.
Enactment: This Act comes into force immediately upon passage.
Sponsor: N/A
Type: Act of Parliament
A
BILL
TO
Establish Judicial Guidance
BILL
TO
Establish Judicial Guidance
1. Short Title
(a) This bill shall be referred to as the "Judicial Guidance Act".
(b) This bill was authored by Lysander Lyon.
2. Judicial Guidance
(a) Members of the Supreme Court of the Azalea Isles may choose to respond to general inquiries about the law by providing judicial guidance.
(b) Judicial guidance shall be the Justice’s interpretation of the law, either in broad terms or as it relates to a particular point of conflict or lack of clarity.
(c) Judicial guidance should not be given for specific cases, trials, or situations. For example, a Justice should not give judicial guidance by stating “In the case of Vontobel v Ministry of Urban Development, I understand the Plot Regulation Act to be saying…”; guidance should focus on broader issues than that, such as “I believe an individual’s right against unreasonable search includes unreasonable tracking of their communications.”
(i) In essence, guidance should never be specifically and completely tailored to a situation. It should provide general clarity on an issue, with the understanding that there can and will still be cases over that same issue because specifics vary.
(d) Judicial guidance should be posted in a new forums tab, to be easily accessible to all.
(e) Lower courts should factor judicial guidance into their decisions as relevant. It is not mandatory and binding, but it is an indicator of how the highest court may rule on appeal.
(f) There is no requirement that a Justice provide judicial guidance. Justices may sign on to the judicial guidance posted by other Justices, to indicate agreement.
Enactment: This Act comes into force immediately upon passage.