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HIGH COURT OF THE SOUTH PACIFIC
CASE SUBMISSION
I, im_a_waffle1, respectfully submit the following case for consideration by the High Court. I hereby state that the information within this submission is true to the best of my knowledge, and that there is no malicious intent or vexatious nature to it. I further promise to make myself available to any future questions or request from the Court in order to ensure that this case is fairly considered.
REFERENCE NAME
Legality of the Minister of Culture making polls
ARGUMENT
Lately on the gameside there has been a lack of polls. I assume this is due to the lack of drive for the Local Councillors to create polls, so I must ask the question; is the Minister of Culture allowed to make polls? Article 5, Section 3 of the Charter states: "The Local Council may not be denied the authority to run regional polls...", which does not state that the Local Council is the only body allowed to make polls. Furthermore, Article 6, Section 8 of the Charter states: "The Minister of Culture will be responsible for...organizing regional cultural activities...". I believe that polls are a regional cultural activity, as polls are generally open to the entire region and they do contribute to the region's culture.
REQUEST
Does the Charter permit the Minister of Culture to create polls on the gameside?
Submitted to the High Court of the South Pacific
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"After he realizes this newfound power of his to override the hopes and dreams of republicans, he puts all of the united provinces under his control."
one time minister of culture
(This post was last modified: 12-31-2021, 08:19 PM by Kris Kringle.
Edit Reason: [Chief Justice Edit] Added the Docket Number.
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HIGH COURT OF THE SOUTH PACIFIC
[2108.HQ] LEGALITY OF THE MINISTER OF CULTURE MAKING POLLS
SUBMISSION 31 DEC 2021
Notice is given that this submission has been received by the High Court and has been assigned all the necessary identifying information as follows:
DOCKET NUMBER
2108.HQ
REFERENCE NAME
Legality of the Minister of Culture Making Polls
QUESTION
Does the Charter permit the Minister of Culture to create polls on the gameside?
The petitioner and other interested parties are invited to explain the necessity of a decision on this matter no later than 02 Jan 2022 10:00 UTC, but the Court reserves the right to make a determination before then. Briefs Amicus Curiae on the preferred eventual outcome of this case are not required at this time.
2108.HQ.NR | Issued 31 Dec 2021 |
With the current version of the Charter, we are left to interpret the meaning of "regional cultural activities". I believe that polls falls into that definition, however some may disagree with me, which is why I went to the court for this matter. I don't believe any MoCs have created a poll before (while they were MoC), and in this current time where LC activity with polls is low, I believe it essential for someone to be able to step in to take the reigns of poll-creating while the LCs are away or have an idea drought. In this case, I believe this person to be the Minister of Culture, since their job description in the Charter, in my opinion, aligns with creating polls.
"After he realizes this newfound power of his to override the hopes and dreams of republicans, he puts all of the united provinces under his control."
one time minister of culture
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Jay Coop
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I do not think it is necessary for the court to rule on this. During my term as MoRA, I was able to post polls while making a request to the LC out of deference. I don't see why it would be different for the MoC to do the same.
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HIGH COURT OF THE SOUTH PACIFIC
[2108.HQ] LEGALITY OF THE MINISTER OF CULTURE MAKING POLLS
SUBMISSION 31 DEC 2021 | JUSTICIABILITY 01 JAN 2022
Whereas this Court has been asked to exercise the judicial power vested in it by Article VIII of the Charter of the South Pacific, it is resolved as follows:
DETERMINATION OF JUSTICIABILITY
This case is found justiciable and shall be duly considered under all designations assigned by document 2108.HQ.NR.
SUBMISSION OF BRIEFS AMICUS CURIAE
Interested parties may submit briefs amicus curiae to argue their views on the whole or a part of this case no later than 09 Jan 2022 10:00 UTC, and shall thereafter be liable to answer any questions that the Court may have in relation to their brief.
SUBMISSION OF REQUESTS FOR RECUSAL
Interested parties may request the recusal of the Chief Justice or any Associate Justice no later than 05 Jan 2022 10:00 UTC. Any such requests should provide clear reasons to support the requested recusal and explain the possible negative impact of a failure to recuse.
RETENTION OF RIGHTS
The Court retains the right to consult with, and request further testimony and evidence from, government institutions and other third parties as necessary to adequately exercise its sole right to issue an opinion on this case.
It is so ordered.
2108.HQ.DJ | Issued 01 Jan 2022 |
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Jay Coop
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Your Honors,
Today, I argue that no law in the Coalition of the South Pacific exists that prevents and prohibits the Minister of Culture from creating a poll on our regional page on the NationStates website except limitations based on moderation policy.
The petitioner correctly mentions that Article V, Section 3 of the Charter of the Coalition of the South Pacific states:
(3) The Local Council may not be denied the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. However, it may not alter the regional flags or tags, and may not send out mass telegrams, without the approval of the Delegate.
As written, the Charter effectively grants the right of the Local Council to publish polls with limitations concerning moderation policy. However, Article V, Section 3 in no way denies the Minister of Culture the right to publish polls as well, nor does any other existing law of the Coalition. The only other mention of polls in our laws exists in the Elections Act, which outlines the polling process during the delegatorial election. Observing the laws as currently written, there are no explicit prohibitions on the Minister of Culture from publishing polls other than limitations made based on "reasonable moderation policies", as stated in Article III, Section 1 of the Charter.
In 2020, as Minister of Regional Affairs, I made requests to the Local Council to publish regional polls out of deference to their authority to publish polls and ensure that these polls I created did not conflict with whatever polls the Local Council planned to publish. However, this course of action I took at the time was an unwritten precedent that carried no legal weight. For all intents and purposes, I had the authority to publish polls without permission from the Local Council, and the Minister of Culture, existing as a successor to the now-defunct Minister of Regional Affairs, has the same authority to publish polls on South Pacific's regional page on the NationStates website, provided that the content of these polls do not violate regional moderation policies.
4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF
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(This post was last modified: 01-05-2022, 05:28 AM by Jay Coop.)
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HIGH COURT OF THE SOUTH PACIFIC
[2108.HQ] LEGALITY OF THE MINISTER OF CULTURE MAKING POLLS
SUBMISSION 31 DEC 2021 | JUSTICIABILITY 01 JAN 2022 | OPINION 12 JAN 2022
QUESTION
Does the Charter permit the Minister of Culture to create polls on the gameside?
SUMMARY OF THE OPINION
It is the opinion of the Court that it is it is generally lawful for those Officials allotted Regional Officer powers to exercise them, within the confines of any relevant restrictions properly established.
JUSTICE BELSCHAFT DELIVERED THE OPINION, SIGNED ALSO BY CHIEF JUSTICE KRIS KRINGLE.
In regards to the question asked by the petitioner the relevant law is not the Charter, which neither grants or denies members of the Cabinet the authority to create polls for the in-game region. It is the Regional Officers Act1 that regulates which Officials of the Coalition may exercise powers over the in-game region and the limitations which may be placed upon the use of said powers. In regards to the Cabinet, Article Two, Section Three of the Regional Officers Act specifies that in addition to the Prime Minister the Cabinet "will be allotted up to three Regional Officer positions and granted Appearance, Communications, and Polls powers."
It is a simple matter of logic that it is lawful for an Official to exercise any particular power that they are granted; it would be absurd for it to be unlawful for them do so, as the act of granting a power contains an inherent authorisation for it's use. The Regional Officers Act makes clear that limitations, additional applicable laws and rules may restrict the use of such powers to particular circumstances and/or purposes, but the High Court is unaware of any such restrictions relating to the use of the power to create polls.
As such we can conclude that it is generally lawful for those Officials allotted Regional Officer powers to exercise them, within the confines of any relevant restrictions properly established.
It is so ordered.
2108.HQ.O | Issued 12 Jan 2022
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