The Constitution now reads:
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Article III – The Philosophic Branch
Section 1 – The Scientific Council
The Scientific Council (SC) is a self-selected meritocracy. Its governmental role is to
interpret and enforce the constitution. Its service roll (ed. note: sic) is to resolve
citizen disputes and moderate user forums and events.
(...)
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Proposing to change Article 3 into this, after renumbering to fit the
CDS Constitution:
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Chapter 4: Judiciary
Article 1. Lower court
Lower court Judges are proposed by the Supreme Court,
and are confirmed in office by the Representative Council.
Article 1.1 tenure
The lower court Judges are in office for the term of the
Government appointed them, and the term of the next
Government.
Article 1.2 chamber
All lower court cases are presided over by three judges.
Article 1.3 quality
Lower Court Judges are of good character and in good standing
with most or all of the citizenry. They are familiar with law
in general, the law of this nation, and the principles of a
fair trial.
Article 2 High Court
High court Judges are proposed by the current Representative Council
and are confirmed on approval by the next Representative Council.
Article 2.1 tenure
High Court Judges are in office until there are more then seven
appointed, at which point the last to be appointed is retired.
Article 2.2 chamber
All High Court cases are presided over by five judges, who shall
be chosen to hear a case by lottery if more then five make themselves
available.
Article 2.3 quality
High Court Judges have served as lower court judges, unless
none can be found. High Court Judges are of good character,
and in good standing with most or all of the citizenry.
Article 3 Objectivity
A Judge can not hear a case in which the Judge has personal
entanglements or vested interests.
Article 4 emergency Judges
When no Judges can be found and a case can not be postponed,
then two laymen Judges will take the place of one Judge on
the case at hand, who are appointed by the Representative Council
for that court case with a two third majority, selected for their
relatively neutral position to the subject of the case.
Article 4.1 Peoples court
If the search for laymen Judges (Chapter 4, Article 4) remains
unsuccesful, and a search outside the bounds of the citizenry
has not yielded the nation a Judge, then the People must hear the
case, deciding it by Balanced Referendum (see Chapter 3).
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Reasoning: this philosophic "self appointed" meritocracy is obscurantist,
self apointed, and thus has no mandate to rule or do Justice. The above
is a cut and paste from a Constitution specifically designed for the CDS.
It will give CDS a court system, in name and hopefully in function.
(Note: this is a draft proposal.)