Election 2006:Constitutional Amendments (Nova Roma)
These leges are currently PENDING APPROVAL.
Section II "Citizens and Gentes"
Clause 3 concerning the rights of citizens reads:
"The right to vote in elections as members of their various comitia on matters brought before the People in such manner as described in the Constitution...
The rights of the Iura Publica:
i. The right to vote in elections as members of their various comitia on matters brought before the People in such manner as described in this constitution and pursuant laws.
ii. The right to candidate for public office where eligible, as determined by this constitution and pursuant laws.
II "Citizens and Gentes" Section B
Clause 5 concerning the right of Provocatio currently reads
"The right of provocatio: to appeal the decision of a magistrate that has a direct negative impact on that citizen to the Comitia Populi Tributa".
The right of Provocatio ad populum: to appeal a loss of citizenship (exactio) to the Comitia Centuriata.
(And in a separate clause)...The right of Apellatio:
i) to appeal a magisterial decision which has a direct negative impact on that citizen to the Comitia Populi Tributa, such appeal may not be denied by the magistrate against whom the appeal is made.
ii) to appeal a court decision (sententia) not involving loss of citizenship to the Comitia Populi Tributa, or optionally in the case of a citizen of the Plebian Order, to the Comitia Plebis Tributa.
II Section B 'Comitia Centuriata'
From 3 (concerning the Comitia Centuriata) the Constitution currently reads:
"to try legal cases in which the defendant is subject to permanent removal of citizenship"
"to render verdicts in appeals of Provocatio ad populum in which the defendant (reus) is subject to loss of citizenship."
- ALSO PROPOSED are corresponding changes to the pertinent language
regarding the remaining two comitia, to wit:
Clause 3 concerning Comitia Plebis Tributa currently reads:
"To try legal cases solely involving members of the Plebian Order that do not involve permanent removal of citizenship"...
"To render verdicts in appeals of court rulings (sententia) by members of the Plebian Order which do not involve removal of citizenship."
Clause 3 concerning Comitia Populi Tributa reads:
"To try legal cases that do not involve permanent removal of citizenship"
"To render verdicts in appeals which do not involve removal of citizenship."
Discussion: The changes of Amendment III above reflect a more historical role of comitia in the judicial process and correspond more accurately with the language of our NR judicial system as detailed in the leges Saliciae Iudiciaria et Poenalis, links here:
Citizens of Nova Roma are tried by the Leges Salicia procedures and the Iudices (judges) render a decison....Appeals of the decisions arising from these proceedings, if any, are decided by the appropriate comitia as revised above. We do not have a separate 'trial' system within each comitia as the current constitutional language implies.
IV Magistrates 1. 'Censor'
1. f. 1. reads
"A nota against an ordinary individual is sufficient to deprive that individual of the right to vote until such time as it is removed "
"A nota against a citizen is sufficient to deprive him of the Iura Publica until such time as the nota is removed".
(remainder of constitutional language of 1.f.1. to remain unchanged)