Bill Text: AZ HCR2033 | 2011 | Fiftieth Legislature 1st Regular | Introduced

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Bill Title: Foreign laws; judicial decisions

Spectrum: Partisan Bill (Republican 20-0)

Status: (Introduced - Dead) 2011-01-31 - Introduced [HCR2033 Detail]

Download: Arizona-2011-HCR2033-Introduced.html

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REFERENCE TITLE: foreign laws; judicial decisions

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HCR 2033

 

Introduced by

Representatives Burges, Gowan, Gray R, Seel, Smith D, Stevens: Barton, Court, Crandell, Dial, Goodale, Olson, Pratt, Urie, Senators Antenori, Griffin, Klein, Melvin, Nelson, Reagan

 

 

A CONCURRENT RESOLUTION

 

proposing an amendment to the constitution of arizona; amending article VI, section 1, Constitution of Arizona; relating to the judicial department.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  Article VI, section 1, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

1.  Judicial power; courts

Section 1.  A.  The judicial power shall be vested in an integrated judicial department consisting of a supreme court, such intermediate appellate courts as may be provided by law, a superior court, such courts inferior to the superior court as may be provided by law, and justice courts.

B.  In making judicial decisions, the courts provided for in subsection A, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of this state, The United States Code, federal regulations adopted pursuant to the United States code, established common law, the laws of this state and rules adopted pursuant to the laws of this state and, if necessary, the laws of another state of the United States provided the law of the other state does not incorporate directly or by reference international law or the precepts of nations or cultures not expressly ratified by bicameralism and presentment in the legislature.

C.  The courts shall not consider, enforce or otherwise incorporate into any decision on the merits the legal precepts of other nations or cultures that run counter to the laws of this state unless expressly ratified by bicameralism and presentment in the legislature.

D.  The courts shall not consider, enforce or otherwise incorporate into any substantive decision on the merits any international law that is not duly ratified as a treaty by the Senate of the United States.

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.