I think it’s clear we need a framework (or multiple ones) for Nation3 court.
I hope to kick start a discussion. Some loose ideas on my part:
A Code of Civil Procedure
- Do we move back to quod non legitur, non creditur? It breaks with the Code de procédure civile. It seems fit for our purpose.
Note that this would break with the ECHR Article 6 – fair trial.
The UDHR we strictly adhere to is more liberal in it’s Article 10. That is only applicable to criminal proceedings, and talks more generally about a hearing. - We need a standard to determine, what counts as deceit. If a reasonable economic agent should have known better, it doesn’t count as deceitful behavior. I think we should start by listing economic agents our framework should support.
- Our default contract should make the transfer of risk and the transfer of benefits clear.
- Do we want a severability clause by default? I think that could shorten contracts even more.
B Code of Criminal Procedure
- Do we want criminal law? I think it will likely be necessary at some point.
- We need hearings for that.
C Code of Constitutional Procedure
- We need a way of a Nation3 court chamber to invalidate unconstitutional proposals.
D General considerations
- We probably will start without a fixed system of revision, but is it something we aim for?
If so, how do we store the evidence in a non public manner, such it can accessed later by a different court? - Are judges commanded to seek the truth or just arbitrage between two parties?
Truth seeking makes the court it’s own power. But it’s hard to give it the resources required to do it properly.
Just picking the slightly less absurd story, might not be for the best. - How does the duty of confidentiality look like? What happens if a trad court obligates one of our judges to testify?