Model Constitution of the Kingdom of the State of Louisiana Part Three

Royal Constitution
Of the
Kingdom of the State of Louisiana
Article Five: Judiciary
Section One: The King, Judiciary of Last Resort
Provision One: The King shall hear directly all cases in which the Queen is not immune and in which she is an accused in a criminal case. He shall be the first Court of Appeal in cases where any member of the Inner Household or any person of clear and definite royal rank has been sued in Civil Cases or sentenced to death.
Provision Two: The King shall hear directly and finally all cases between the State Executive Proper and the Royal Prerogative after they have first been tried in the State Judiciary.
Provision Three: The King shall hear and finally dispose of all cases where the Chief Justice and one or more other justices may appeal a hearing of the Louisiana Supreme Court or where against the Chief Justice three or more Justices of the Louisiana Supreme Court shall appeal.
Section Two: The Supreme Court

Provision One: The Chief Justice shall after the initial appointment at the whim of the King be appointed from among the Justices on the Supreme Court as a vacancy occurs for a term of life. The Chief Justice shall appoint two member of the Board of the Louisiana Law Institute to terms of five years renewable as vacancies occur. The Chief Justice shall appoint the Chief Censor when a Vacancy occurs and shall be the Extraordinary Commandant of the Royal Marshalls Garrison of the City of New Orleans. If he is a married man his Lady shall be Royal Hostess of the Port of New Orleans under the Queen.
Provision Two: The Justices of the Supreme Court shall consist of the Chief who shall yield up one of seven Supreme Judicial Districts for election of another as well as seven Justices elected for ten year terms renewable. These District Justices shall own real property in the district where elected for five years prior to seeking election there. The candidates for this office shall either have been professors at a Law School accredited in the State of Louisiana and located there or else judges on an inferior Louisiana Court or members of the Board of the Louisiana Law Institute. These candidates shall first have received the statement from a political party that their membership is valid, then an affidavit that they are members in good standing of a municipal, Parish, Petit Court and of the Louisiana State Bar Association. Next the candidates must receive an endorsement from at least one Bar Association in the State or else one tenured Law Professor at a Louisiana Law School. All this must be done one year prior to the election of Justices. There shall then be Open Primary and if no candidate has more than half of all votes cast then they shall proceed in one month’s time to a General Election. The Queen shall appoint one woman to the Supreme Court who is a lawyer, at least closely related to the Ordinary Nobility and at least fifty years old who shall be selected from a list of no more than ten but as many as practical in that number prepared by the GAMPR and the Bureau of Women’s Affairs working together. The Supreme Court shall retain all functions, powers and privileges from the republican constitution which have not been clearly revoked by this one and shall be the ordinary final and full arbiter of the Louisiana Law and Jurisprudence.
Section Three: The Lesser Courts

Provision One: The Constitutional Boards and Institutes shall each have a court of First Instance Proper to themselves with the Judge and Magistrates appointed by the Governor with the advice and consent of the Senate. There shall also be an Administrative Court of First Instance which shall be likewise appointed and which shall hear the first instances in cases from agencies of the State Executive as well as from the Orleans Levee Board, the Public Service Commission and internal matters of the Universities. Further, the Royal Prerogative shall establish such courts as are needful in its Prerogative and elsewhere and shall handle all their appointments. However, all these Courts shall be subject to the Louisiana Court of appeals and then to the Supreme Court for review.
Provision Two: The Legislature shall determine the number, capacity and jurisdiction of the Courts of Appeals, District Courts and any special matter courts. Those holding seats on these courts shall be elected by the people directly. Candidates shall be licensed lawyers, certified Clerks of the Law Institute or Royal Masters of the Judiciary. The Law Institute will receive an application for Candidacy and will give a grade of A, B, C, D or F to the Candidate based on all relevant qualifications known with detailed disclosure of reasons. The Candidates receiving lower than a C grade may not seek election until a new judgment in five years is made or either the Senate or else the King with the Advice and consent of the GAMPR shall grant a Special Variance with reasons disclosed. These Judges shall hold terms of no less than four years nor more than ten years renewable.
Section Four: The Laws and Jurisprudence
Provision One: The Law Institute of Louisiana shall publish or contract to have published in accord and cooperation with the interested parties the following Series of legal Publication:
1. The Royal Louisiana Civil Code
2. The Louisiana Revised Statutes
3. The Decisions and Derived Regulations of the Constitutional Boards and Institutes
4. The Body of Official Regulations and Rules
5. The Royal Edicts, Patterns and Information
6. The Attorney Generals Opinions
7. The Opinions of the Supreme Court
8. The Cases Reported of Louisiana Courts
Provision Two: The Law Institute shall host a conference every two years with speakers invited to speak on the subjects of those things appearing in this series since the last Conference and presenting Papers therewith. The Royal Solicitor and the Attorney General shall always be among those invited. The Institute shall compile these lectures a retain scholars to write essays introducing and expounding upon them. Then the volume shall be submitted to the King for him to attach a note as he may wish to append and this shall be published in the year following the Conference as the Pandects of Louisiana. Every ten years the Institute shall submit revisions of the Royal Louisiana Civil Code to the GAMPR and when these have been approved shall submit them to the Legislature. All amendments made shall be ratified by the GAMPR and this shall proceed until a final formulation is accepted. Then the King shall ratify it and append any introductory note that it shall please him to append. It shall be presumed that the Royal Civil Code is the great body and system of Law and also that it is at its ten year issuance the most complete and authoritative law of the Land possible. Judicial opinions must cite the Royal Civil Code at least once to be published by the Law Institute. The Constitution alone as the great Constitutional Charter underlying much else shall not in its entirety be part of the Royal Civil Code but shall be the framework to which it must conform.
Provision Three: The Royal Civil Code shall have provisions and sections relating to the use of jurisprudence, stare decisis, precedence, res judicata, equity, droit and custom. The Laws of the Kingdom of the State of Louisiana shall reflect the full legal reality in which the polity operates.

Section Five: Due Process
Provision One: The rights of the people to a trial with recorded proceedings in a place clearly official and to examine the police record may be limited by demands of security but always with extra precautions for justice and only for grave cause.
Provision Two: No person may be deprived by force of law of the life, liberty or property which may be duly theirs without access to a just adjudication where it may reasonably be supposed their claim is true. No person may be deprived of life or more than thirty days of liberty without the rights of habeas corpus, trial by a jury of his peers, the right to confront his accusers and the right to such counsel as he can pay for or arrange for without direct subsidy of the State.
Provision Three: No Domestic regime may be examined in law, equity or administration without first addressing the cloak of domesticity to which its members are entitled.
Provision Four: The rights against double jeopardy, unlawful search and seizure, self-incrimination and other protections may in themselves be limited by justice but never abolished and in some cases may cause referral to the system of honor. The Speediness of justice shall be seen as of countervailing importance to both sides of the Criminal law. Failure by a prosecution to prove a case beyond a reasonable doubt can create in the courts a responsibility to issue a recommendation in Honor, Civil Law and Equity.
Provision Five: All laws shall be promulgated and published for at least three days before going into effect and no ex post facto laws shall have judicial force.

Provision Five: Any true Status Crime is null and void. Further a status without action cannot be cause for removal of property or liberty lawfully possessed already except as such values are purely related to the fruits of future prohibited actions, truly external gains or expected opportunities.
Provision Six: The Queen is immune to all crimes as to her person which are not serious against the King’s person or the persons of his heirs. The King is absolute and his person will bear no criminal liability. His perceived wrongs have redress in history, physical self-defense, the Honor System and the ways of Divine Providence but in criminal law there are no remedies against his person. This is to be narrowly construed as to his person and not to cover his regime. In addition the King cannot be the partner by which a woman commits a criminal sexual act nor an act classified as civil adultery or tortuous misdeed if the woman was involved in an act of copulation or coitus such as is likely to have pleased a King without harming him. The King in declared war and open battle fighting under or in association with his standard cannot by any act of war against a true hostile commit a war crime, violate a treaty nor cause a fighting man in obedience to do so in his near presence.

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