Writs and Judicial Powers

Writs and Judicial Powers (Constitutional Amendment)

§4 shall be added to Article 11 of the Constitution, and it shall read as follows:

   §4. Judges shall have the power, upon being petitioned by any citizen of SimDemocracy, throughout the territories in relation to which they exercise jurisdiction, to issue to any person or authority, including in appropriate cases any government, within those territories, directions, orders, or writs, including writs in the nature of habeas corpus, for the enforcement of any of the rights conferred by Part 6 of the SimDemocracy Constitution.
   Explanation.—For the purposes of this clause:
   (a) A writ in the nature of habeas corpus shall mean a command issued for the release of any citizen alleged to be detained, muted, banned, or otherwise restrained in contravention of the rights guaranteed under Part 6\.
   (b) This power shall be confined exclusively to the enforcement of the Rights guaranteed under Part 6 of the Constitution of SimDemocracy.

§6 shall be added to Article 12 of the Constitution, and it shall read as follows:

   §6. The Supreme Court shall have the power to issue to any person or authority, including the Government, directions, orders, or writs, including but not limited to writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by or under this Constitution, or for any other purpose.
   Explanation.—For the purposes of this clause:
   (a) A writ in the nature of habeas corpus shall mean a command issued for the release of any citizen alleged to be detained, muted, banned, or otherwise restrained in contravention of the rights guaranteed under Part 6.
   (b) Writ in the nature of mandamus shall mean a direction to any authority, officer, or person requiring the performance of a duty which is constitutional, statutory, or otherwise legally enforceable.
   (c) Writ in the nature of prohibition shall mean an order to a judicial, quasi-judicial, or administrative authority restraining it from continuing proceedings in excess of its jurisdiction or in contravention of law.
   (d) Writ in the nature of quo warranto shall mean a command calling upon a person to show by what authority they claim to hold a public office, and may result in the ousting of such person if the office is held without lawful entitlement.
   (e) Writ in the nature of certiorari shall mean an order quashing any decision, order, or proceeding of a judicial or quasi-judicial authority found to be without or in excess of jurisdiction or in violation of the principles of natural justice.
   (f) The power under this Article shall be available not only for the enforcement of fundamental rights conferred by Part 6, but also for the enforcement of any other legal right, and for any other purpose that the Court may deem just and proper.

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Authored by:

Confusing Editorial Bartender

Director, SimDemocracy Bar Association

MrGamerBoy