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constitution:iv

Article IV: Judicial Branch

Section 1. Judicial Authority

The Association shall recognize the authority of University judicial bodies over members of the Association only if those judicial bodies shall have been approved by two-thirds of those members of the Association voting in a general election.

Section 2. Judicial Review

A. Constitutional Council

The Constitutional Council shall adjudicate all cases where the constitutionality [under the ASSU Constitution]1) of an act by an Association legislative body, the President of the Association, or any member(s) of the Association is called into question.

B. Membership of the Council

The Constitutional Council of the Association shall be comprised of 5 members and shall choose by majority vote a chair each year within three weeks of the beginning of fall quarter.

  1. All members must be current members of the Association. Members shall serve until they resign, cease to be members of the Association, or are removed by a 4/5 vote of both Association legislative bodies.
  2. Should a seat within the Constitutional Council be vacant, the President of the Association shall select a member of the Association to fill that vacancy. This selection must be confirmed by a 2/3 vote of both Association legislative bodies.2)
  3. No person may concurrently be a member of the Council and an elected or appointed officer of the Association. No employee of the Association may simultaneously be a member of the Council.

C. Meetings of the Council

  1. Unless a majority of the Council deems it frivolous, the chair of the Council shall call a meeting of the Council within seven days of receipt of a case filing. Meetings shall be held within ten days of the issuance of a call for the meeting.
  2. The Council shall make its rulings by majority vote. In ruling on any action, it may only vote to uphold the constitutionality of the action, or deem the action unconstitutional. A tie vote shall be construed as upholding the action’s constitutionality.
  3. Before the Council rules on an issue, it shall offer the individual or individuals accused of acting in an unconstitutional manner the right to present a case. The Council shall also offer a representative of the individuals who believe the accused to have acted unconstitutionally the right to present a case. The Council may, at its discretion, allow other members of the Association to speak to the issue.
  4. Decisions regarding the constitutionality of an action shall be made at a second Council meeting held within seven days of the first Council meeting held on the issue.
  5. Four members of the Council in attendance at a Council meeting shall constitute a quorum for the purposes of voting on the constitutionality of an action.
  6. All meetings of the Council shall be open to all members of the Association. All records of the Council shall be public. No meeting of the Council may ever be closed for any reason. The Council shall maintain minutes of meetings and decisions taken. Furthermore, when the Council makes a decision by a majority vote, that majority shall select a Council member to draft within seven days of the decision an official opinion of the Council. All minutes and opinions shall be made available in electronic form within ten days of the meeting.
  7. Information regarding the location, time and agenda for meetings of the Council must be made available in a public place. This information must also be made available in electronic form. This information must be made available at least 72 hours before the meeting is to be held.
  8. If the Council deems an act to be unconstitutional,that act becomes null and void. Acts stemming from the unconstitutional act may by a majority vote of the Council be deemed valid if they were performed in good faith.

[The Council shall not have the power to indict a member of the Association.]3)

The Council shall also meet to adjudicate special cases as detailed throughout this Constitution.

The Council shall only exist during fall, winter and spring quarters.

1) Interpreted here, and throughout the remainder of the document, as part of the May 10, 1996 Letter of Acceptance, and subsequently ratified by the Association legislative bodies.
2) Interpreted as part of the May 10, 1996 Letter of Acceptance as also being the method of selection of the initial membership of the Constitutional Council, and subsequently ratified by the Association legislative bodies.
3) Interpreted as part of the May 10, 1996 Letter of Acceptance as meaning “that the Constitutional Council shall play no role in the process of student discipline in any fashion”, and subsequently ratified by the Association legislative bodies.
constitution/iv.txt · Last modified: 2012/10/29 23:25 by trusheim