We've moved, ! Update your bookmarks to https://thesouthpacific.org! These forums are being archived.

Dismiss this notice
See LegComm's announcement to make sure you're still a legislator on the new forums!

Justices and Political Parties
#1

I'd suggest removing this part of Section 1.7:

Quote:7. The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific, barring political parties and organizations or interest groups.

This clause is just a mess - "you're allowed to join any associated organisation, barring organisations".

There is no need to bar justices from participating politically. We have no need for maintaining it on the books, except to make the lives of court justices more difficult and trip up someone in the future for bizarre reasons. 
Reply
#2

As a sitting Justice, I would amend the clause to

The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific, insofar as their involvement does not cause undue influence to be imposed or the corruption of the Courts in the discharge of their duties.

Someone tidy this up for me please. My intention is to allow the Justices to participate politically, while preventing any CoI due to such participation that may negatively influence them and affect the discharge of their duties.




Reply
#3

I usually read the "associated organizations" part as SPSF, MoRA staff or silly joke organizations, like the Church of Pie, for example. I think the point is to keep Justices from joining parties or organizations that might cause a CoI.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Reply
#4

(02-02-2015, 12:27 PM)Awe Wrote: As a sitting Justice, I would amend the clause to

The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific, insofar as their involvement does not cause undue influence to be imposed or the corruption of the Courts in the discharge of their duties.

Someone tidy this up for me please. My intention is to allow the Justices to participate politically, while preventing any CoI due to such participation that may negatively influence them and affect the discharge of their duties.

Who defines what organisations are an undue influence?
Reply
#5

I really don't see why Court Justices can't join in on debates in the Assembly, join parties or do anything political. Its a game about politics so why should that be taken away from some?
Europeian Ambassador to The South Pacific
Former Local Council Member
Former Minister of Regional Affairs
Former High Court Justice
Reply
#6

(02-02-2015, 05:49 PM)Punchwood Wrote: I really don't see why Court Justices can't join in on debates in the Assembly, join parties or do anything political. Its a game about politics so why should that be taken away from some?

you are misunderstanding the text. no one is advocating that justices cant participate in the assembly, just not allowed to join political parties since they are suppose to be impartial.

Quote:7. The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific
Apad
King of Haldilwe
Reply
#7

No, I do see why Justices shouldn't join parties or political interest groups. They are supposed to be impartial.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Reply
#8

(02-02-2015, 05:56 PM)Kris Kringle Wrote: No, I do see why Justices shouldn't join parties or political interest groups. They are supposed to be impartial.

They are in a way members of the government and citizens of TSP they should have the same rights as everyone else.
Europeian Ambassador to The South Pacific
Former Local Council Member
Former Minister of Regional Affairs
Former High Court Justice
Reply
#9

And they also might need to rule on those matters. It is good to have impartial Justices.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Reply
#10

(02-02-2015, 06:05 PM)Kris Kringle Wrote: And they also might need to rule on those matters. It is good to have impartial Justices.

At the end of the day even if they aren't a member of that party, they will still help it if they ever need to in court. The only difference is that they one way people think they are being biased to the party because they are a member of it or they don't think there biased because they aren't a member of it even thought they are.  
Europeian Ambassador to The South Pacific
Former Local Council Member
Former Minister of Regional Affairs
Former High Court Justice
Reply




Users browsing this thread:
1 Guest(s)





Theme © iAndrew 2018 Forum software by © MyBB .