Legislative Enactment and Contest Procedure Act
Introduction
This Act establishes a clear, accountable, and constitutionally compliant process for the creation, review, and enactment of legislation within the State of San Andreas. It ensures that all proposed laws are subject to judicial oversight, public transparency, and financial accountability while preserving the democratic rights of citizens to participate in legislative development.
Constitutional Justification
This Act is grounded in the Right to Petition and Vote and the Right to Fair Trial and Due Process under Article III of the Constitution of the State of San Andreas. These provisions guarantee citizens the ability to influence government decision-making through lawful means, ensuring that legislation reflects both the will of the people and the principles of justice. The Act also upholds the constitutional authority of the Department of Justice to oversee, review, and ratify all legislative actions.
Article I - Authority to Propose Legislation
Legislation within the State of San Andreas may be proposed by:
- The Department of Justice (DOJ);
- The San Andreas Medical Authority (SAMA); or
- The People of San Andreas, through a petition containing at least twenty-five (25) verified citizen signatures.
Filing Fees Proposals with 25 or more verified signatures must include a $50,000 filing fee. Proposals without signatures must include a $250,000 filing fee.
All payments shall be made to an authorised DOJ official, who will deposit them into the DOJ Account.
Article II - Constitutional Review
All proposed legislation must undergo a constitutional review by a sitting Justice to confirm that:
- It aligns with the Constitution and established Common Law;
- It includes a clear constitutional justification; and
- It properly identifies the proposer and intended purpose.
- Upon approval, the reviewing Justice shall sign the proposal, certifying its compliance.
- If the proposal originates from the People, a Justice must act as the formal signatory on behalf of the proposal to ensure legitimacy.
- If the proposal originates from the DOJ, all Justice's must sign the legislation to begin the public contest period.
- If the proposal orginates from SAMA, the SAMA Director and a Justice must sign the legislation to begin the public contest period.
Article III - Public Contest Period
- Once certified, the proposal enters a three (3) day public contest period.
- During this time, any citizen may contest the proposal by:
- Submitting a petition with fifty (50) verified signatures; and
- Paying a $50,000 contest fee ($250,000 if submitted without signatures).
- All payments must be made to a Judge or Justice, who will deposit the funds into the DOJ Account.
- If no contest is filed within three (3) days, the proposal is automatically enacted and recorded in Legislation.
Article IV - Contested Legislation and Arbitration
- When a bill is contested, the contesting party must clearly state the specific issues or sections in dispute.
- The original proposer may negotiate proposed amendments or clarifications during an informal arbitration period.
- A Judge or Justice shall act as a neutral mediator during arbitration to help reach resolution.
- If both parties reach an agreement, the legislation may be amended and enacted directly.
- If no agreement is reached, the matter proceeds to a Public Vote detailed in Article V.
Article V - Public Vote
- A three (3) day public vote shall be organised by the Department of Justice, overseen by a sitting Justice.
- Results shall be determined by majority:
- Majority “Yes” → The legislation is passed.
- Majority “No” → The legislation is rejected.
- Tie → The legislation fails automatically.
- The presiding Justice must verify and record the outcome and ensure public publication of the result.
Article VI - Cooling-Off Period
Rejected or failed proposals may not be reintroduced for a period of seven (7) days following the conclusion of the vote or arbitration.
Article VII - Enactment and Publication
- Upon passage, the legislation shall be signed by the proposer and presiding Justice.
- The Department of Justice shall publish it in the State Register of Laws, ensuring it is publicly accessible.
The Act shall take effect immediately upon publication, unless a later date is specified within its text.
Article VIII - Emergency and Judicial Legislation Clause
- In exceptional or urgent circumstances where immediate legislative action is required to protect public order, safety, or justice, the Justices of the Department of Justice may enact legislation without requiring public contest.
- Such legislation must be approved by a majority vote of all sitting Justices.
- Emergency legislation must:
- Include a written justification describing the necessity of bypassing the public process; and
- Be published immediately upon passage in the State Register of Laws, denoted as Emergency Enactment within its record.
Signatories:
- Justice Bailey Harvey
- Justice Peter Brackley
- Justice Mina Mercy
- Justice Tess Timony
- Justice James Anderson
