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Thursday, September 20th 2007

10:58 PM

Constitution Continuation

secretary or, in case of his/her inability, the Junior Assistant or the Advisor shall become the Minister to serve the unexpired term.

 

The Legislative Department shall, by law, provide who shall serve as Minister in case of death, permanent disability, or resignation of the Acting Minister. He/she shall serve until a Minister shall have been qualified and appointed, and be subject to the same restrictions of powers and disqualifications as the Acting Minister.

 

Sec. 9. Whenever there is a vacancy in the Seat of the Senior Undersecretary, Junior Assistant, or Advisor during the term for which he/she was appointed, the Minister shall appoint a Senior Undersecretary, Junior Assistant, or Advisor from the Members of the Legislative Department with the express consent of the Commission on Appointments.

 

Sec. 10. Whenever the Minister writes his/her written declaration that he/she is unable to discharge the powers and duties of his/her office, until he/she writes a written declaration to the contrary, such powers and duties shall be discharged by the Acting Minister.

 

Sec. 11. In case of serious illness of the Minister, the public shall be informed of the state of his/her health.

 

Sec. 12. Appointments extended by an Acting Minister shall remain effective, unless revoked by the appointed Minister, within seven days from his assumption or resumption of office.

 

Sec. 13. The Minister shall nominate and, with the consent of the Commission on Appointments, appoint the department heads, heads of offices, school headmasters or headmistress, high inquisitors, commissioners and other officers whose appointments are vested in him/her in this Constitution.

 

Sec. 14. The Minister shall have control of all the Legislative Departments, Constitutional Commissions, Bureaus, Offices and Magical Schools. He/she shall ensure that all laws, rules and regulations be faithfully executed.

 

Sec. 15. The Minister shall be the Commander-in-Chief of the Magical Law Enforcement Squad and whenever it becomes necessary, he/she may call out such forces to prevent or suppress lawless violence, invasion or rebellion, when the public safety requires it, he/she may for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the entire community under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the Minister shall submit a report or in writing to the Legislative Department. The Legislative Department, voting jointly, by a vote of at least a majority of all its Members, may revoke such proclamation or suspension, which revocation shall not be set aside by the Minister. Upon the initiative of the Minister, the Legislative Department may, in the same manner, extend such proclamation or suspension for a period to be determined by the Legislative Department, if the invasion or rebellion shall persist and public safety requires it.

 

The Wizengamot may review, in an appropriate proceeding filed by any wizard or witch, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

 

A state of martial law does not suspend the operation of the Constitution.

 

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

 

During the suspension of the privilege of the writ of habeas corpus, any wizard or witch thus arrested or detained shall be judicially charged within three days, otherwise he/she shall be released.

 

Sec. 16. Except in cases of impeachment, or as otherwise provide in this Constitution, the Minister may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

 

He/she also have power to grant amnesty with the concurrence of a majority of all the Members of the Legislation.

 

Sec. 17. He/she have powers to create new legislative departments, constitutional commissions, bureaus, and or offices.

 

Sec. 18. The salary of the Minister of Magic shall be 100 Galleons.

 

 

 

ARTICLE VI

 

JUDICIAL DEPARTMENT

 

Section 1. The judicial power shall be vested in the Wizengamot.

 

Sec. 2. The Legislative Department shall have the powers to define, prescribe, and apportion the jurisdiction of the Wizengamot.

 

Sec. 3. The Wizengamot shall be composed of a Chief Warlock, Minister, Head of the Department of Magical Law Enforcement sitting its ex officio composed of 3 members.

 

Sec. 4. The Wizengamot shall have the following powers:

1.      Order a change of venue or place of trial to avoid miscarriage of justice.

2.      Promulgate rules concerning the protection and enforcement of the constitutional rights, pleading, practice and procedures in the court.

 

Sec. 5. The Wizengamot shall have administrative supervision over the court and the personnel thereof.

 

Sec. 6. No muggle and half-blood status shall be appointed of the Wizengamot Administration Office.

 

Sec. 7. A member of the Wizengamot Administration Office shall be at least fourteen years of age, and has a grade not lower than ACCEPTABLE (A) in any wizarding school.

 

Sec. 8. The members of the Wizengamot Administration Office shall be appointed by the Head of the Department of Magical Law Enforcement.

 

Sec. 9. The salary of the Chief Warlock of the Wizengamot and other presiding officers shall be 80 Knuts every hearing.

 

Sec. 10. The member of the Wizengamot Administration Office shall hold office during good behavior until resignation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Members of the

CONSTITUTIONAL COMMISSION

Which drafted the

2007 Wizardry Constitution

Of the

MINISTRY OF MAGIC

 

 

 

Rufus Scrimgeour

President

 

 

Dolores Jane Umbridge

Vice-President

 

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