Senatus consultum ultimum on the process of provocatio

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SENATUS CONSULTUM ULTIMUM ON THE PROCESS OF PROVOCATIO

I. This Senatus consultum ultimum is issued by the Senate under the authority granted to it under section V.E of the Constitution of Nova Roma and under the constitutional authority of the Senate as the supreme policy-making authority for Nova Roma.

II. The right of provocatio is established in the Nova Roman Constitution, section II.B.5 as being:

"The right of provocatio; to appeal a decision of a magistrate that has a direct negative impact upon that citizen to the comitia populi tributa;"

III. The right of provocatio is referenced also in the Lex Cornelia poenalis, section VI.c.vi:

"The right of appeal upon imposition of a penalty under this lex shall be defined as the exercise of the right of provocatio, as per section II.B.5 of the Nova Roman Constitution."

IV. The process of provocatio shall be as follows in any matter not involving the process described in the Lex Cornelia poenalis:

A. The comitia populi tributa shall be called to order by the appropriate presiding magistrate, as specified in the Constitution.

B. The presiding magistrate shall prior to the comitia populi tributa convening obtain from the citizen appealing the decision of the magistrate a summary of his/her account of the case the citizen wishes the comitia to consider, and why the comitia should support his/her appeal against the decision of the magistrate.

C. The presiding magistrate shall prior to the comitia populi tributa convening obtain from the magistrate being appealed against a summary of his/her account of the case the magistrate wishes the comitia to consider, and why the comitia should support his/her original decision.

D. No contio shall be permitted. No cross-examination of the citizen or of the magistrate shall be permitted, whether by the presiding magistrate or any other citizen. This process is not a trial. It is only an evaluation by the comitia populi tributa of the two summaries, from magistrate and citizen. Upon calling the comitia populi tributa to order the presiding magistrate must immediately post the summaries to the official list designated for the comitia populi tributa, and thereafter immediately proceed to the vote. The voting period shall be a minimum of five days and last no longer than eight days. The question for the comitia populi tributa to vote upon shall be posed in the form as whether to support the magistrate's decision or not.

E. If the comitia populi tributa votes in favor of the citizen, then the decision of the magistrate subject of the appeal shall be void and without legal force, pending any review by the Senate.

F. If the comitia populi tributa votes in favor of the magistrate, then the decision of the magistrate subject of the appeal shall remain valid and with full legal force, pending any review by the Senate.

G. Either the citizen or the magistrate may appeal to the Senate, by requesting Senate review of the entire matter through the Princeps senatus. This request must be made within three days of the vote being concluded. The Princeps senatus may also elect to bring the matter before the Senate for a review of the entire matter. The Princeps senatus shall summon the Senate into Formal Session. The Senate shall debate and decide the matter either in favor of the citizen or the magistrate by vote of simple majority on a draft Senatus consultum ultimum accordingly. The question for the Senate to vote upon shall be posed in the form as whether to support the magistrate's decision or not.

H. If the Senate votes in favor of the citizen, then the decision of the magistrate subject of the appeal shall be void and without legal force.

I. If the Senate votes in favor of the magistrate, then the decision of the magistrate subject of the appeal shall remain valid and with full legal force.

J. The decision of the Senate is final and not itself subject to provocatio or intercessio.

V. The process of provocatio shall be as follows in any matter involving the process described in the Lex Cornelia poenalis:

A. The comitia populi tributa shall be called to order by the appropriate presiding magistrate, as specified in the Constitution.

B. The presiding magistrate shall prior to the comitia populi tributa convening obtain from the citizen appealing the decision of the praetor a summary of his/her account of the case the citizen wishes the comitia to consider, and why the comitia should support his/her appeal against the decision of the praetor.

C. The presiding magistrate shall prior to the comitia populi tributa convening obtain from the praetor being appealed against a summary of his/her account of the case the praetor wishes the comitia to consider, and why the comitia should support his/her original decision.

D. No contio shall be permitted. No cross-examination of the citizen or of the praetor shall be permitted, whether by the presiding magistrate or any other citizen. This process is not a trial. It is only an evaluation by the comitia populi tributa of the two summaries, from praetor and citizen. Upon calling the comitia populi tributa to order the presiding magistrate must immediately post the summaries to the official list designated for the comitia populi tributa, and thereafter immediately proceed to the vote. The voting period shall be a minimum of five days and last no longer than eight days. The question for the comitia populi tributa to vote upon shall be posed in the form as whether to support the praetor's decision or not.

E. If the comitia populi tributa votes in favor of the citizen, then the decision of the praetor subject of the appeal shall be void and without legal force, pending review by the Senate.

F. If the comitia populi tributa votes in favor of the praetor, then the decision of the praetor subject of the appeal shall remain valid and with full legal force, pending review by the Senate.

G. The matter shall then be referred to the Senate under the process and terms laid out in the Lex Cornelia poenalis.

VI. Any failure or refusal by a member of the Senate, or a magistrate, to discharge a duty required under this Senatus consultum ultimum shall constitute CONTEMPT OF THE SENATE for the purposes of the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV.

VII. Upon enactment of this Senatus consultum ultimum:

A. The only lawful method of subsequently superseding, amending or repealing this Senatus consultum ultimum must be by way of a Senatus consultum ultimum, that must achieve an extraordinary majority before it can be enacted. Any other method or attempt shall be illegal and forbidden. The Princeps senatus may at his/her discretion replace the requirement above for an extraordinary majority with a requirement for a special majority, or a simple majority.

B. No other Senatus consultum ultimum shall be enacted where the proposed content of which conflicts, negates, overrides, limits or otherwise affects in a negative manner the contents and/or purposes of all or any part of this Senatus consultum ultimum, whether directly or indirectly other than by the method at specified at section VII.A of this Senatus consultum ultimum.

VIII. This Senatus consultum ultimum shall terminate on the 31st December 2022, unless it shall be terminated earlier under the process described at section VII.A of this Senatus consultum ultimum.

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