Council of Law
Uploaded - 11 September 2014
APPENDIX 2
POWERS AND RESPONSIBILITIES
The Council of Law shall be responsible, within the Territory Area, for both the:
• crafting and administration of laws; and
• establishment and maintenance of law courts that administer the law,
in accordance with the Principles of Justice.
Process
Requests for the crafting of law shall come from:
• a Parliament;
• a Community Council; or
• National Council.
The Principles of Justice are:
• the objective of law -
o is to deliver an outcome that benefits society; and
o is underpinned by science; and
o is ethical; and
o limits disadvantage.
• the administration of law is to achieve justice.
The court system shall be
• Supreme Court
o Constitutional Matters
o Final court of Appeal
• Regional Court
o Personal Relationship Court
o Migration Court
o Appeals- District and Local Court
• District Court
o District Civil
o District Regulatory
o Appeals- Neighbourhood Court
• Local Court
o Local Civil
o Local Regulatory
• Neighbourhood Court
o Neighbourhood Civil
o Neighbourhood Regulatory
Crafting Laws
Request for the crafting of laws are submitted through the Council of Democracy.
When laws are crafted by the Council of Law ready for consideration by a Parliament or Council they should be returned to the Council of Democracy for dealing with by the respective governments.
The Council of Law shall consult with and take advice from the Council of Science in relation to the subject matter of a law.
No law shall be made that is not supported by a fundamental principle of science.
For example: "retrospectivity" i.e. 'changing the past' has no scientific support.
Laws must reflect the view of the world understood by science and not be selective in application.
For example: A law to ban a particular dangerous substance cannot be supported, if scientific advise is that other substances of similar or greater danger have been neglected.
Laws in general must address and support scientific management of society and not reflect value judgements.
For example: A law to ban abortion to protect human life is not supported if a scientific advise is that other similar or greater risk to human life have been neglected.
Laws addressing general principle are preferred to laws that address specific circumstances.
For example: A law to provide privilege to a certain sector of society is not supported if science determines that a law to assist a solution in general, will be more advantageous.
Administration of Laws.
Private Sector Courts
There is no prohibition to the establishment and function of private sector law courts by the Council of Law for the purposes of administering civil law, provided however that parties utilising this facility formally recognise the jurisdiction and authority of such courts and agree to be bound by their decisions.
However the process of 'Private Sector Courts' are not defined as 'law' for the purposes of the Constitution that deals with the provisioning of funding for the "cost of administering law"
Decisions delivered in private sector courts can be enforced by utilising the facility of public courts established by the Council of Law.
APPOINTMENT OF LAW PROFESSIONALS
Every Citizen has the right to represent themselves in a matter before any law court either
• personally or
• by a Justice Advocate
National Council will determine the qualification of a 'Justice Advocate' that will best deliver the Objective of the Principals of Justice
A 'Justice Advocate' must be ethical in conduct and circumspect in action
DEFINITIONS
Ethical (ethics) means,
• earnest consideration of:
o the best interests of society
o the collective interests of Ecology
o the consequences of outcomes
• action means that which :
o delivers the best outcome for society
o supports the interests of Ecology
o produces a just outcome.
Justice (just) is
• the uninhibited search for facts and truth; and
• the absence of disadvantage
