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Awe · 02-17-2015, 11:11 AM

(02-17-2015, 10:33 AM)Hopolis Wrote:
Quote:Is there anyway we could modify the clause suggested by former CJ Gustave Berr to make the Courts an effective form of checks and balances against official? Or should we just leave it out?

My personal view would be to leave it out. I'm really not comfortable with a legal question being linked to restitution without trial. Also, if the Court has concerns that an official has abused their position then we always have the option of one of us recusing ourselves and bringing forward charges.

That being said, and hopefully I've interpreted the proposed clause correctly, if it was concern about some sort of executive or legislative tyranny, perhaps the answer is to focus on the decision itself? Article 4, Section 1(4) already lets the court deal with problems with general law so something similar for the actions of an official. The wording for this wouldn't be an easy one though. A brief thought...

Quote:In response to a Legal Question, the High Court may void a decision of the Assembly, the Delegate, the Vice-Delegate or the Cabinet if they are found to have acted contrary to the Charter or Code of Laws in the process of making that decision.

The intent would be to force the entity concerned to go back and make the decision properly.

I could go with that. The intent is to basically make the Cabinet/Del/VD more accountable to the people.

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Hopolis · 02-18-2015, 06:02 AM

Subject to any final comments from anyone, should we be looking to set a date for submitting this to the Assembly? I was thinking it would be nice if we could submit it before the end of February to keep the momentum going.

Also, maybe Farengeto as CJ and/or Awe as the primary drafter of the Charter could come up with a quote for the press to be timed to coincide with the publication of the Charter in the Assembly?

**Farengeto** · 02-19-2015, 03:50 AM

I've added in your clause to the powers of the assembly, as well as readding fraud in addition to electoral fraud, me and Awe believed it was still necessary after recent events.

If anyone has any final changes we can apply them, otherwise I will draft a release to accompany the presentation of this to the assembly. Given events of the past few hours I'd like to approve this ASAP.

Aramanchovia · 02-19-2015, 04:18 AM

I think that would be a good idea.

Hopolis · 02-19-2015, 06:34 AM

Agreed, we really need this Charter approved asap. Signing in this morning and reading the news about the activities of the last few hours was a real 'wtf' moment.

Awe · 02-19-2015, 07:28 AM

In summary, here are some of the significant changes:
Establishing the High Court as a sovereign branch of the South Pacific
Defining the role of the Chief Justices as primus inter pares, or first among equals
In criminal cases, duties previously assigned to the Chief Justice, such as determining contempt of court, are now under the aegis of the Chief Presiding Justice, one of among 3 Justices presiding over a case, for purposes of efficiency
As from the GC, electoral fraud has now been defined. Contempt of court is now an offence
Additional penalties that can be given by the Court include disenfranchisement and being barred from running for office
Establishment of the Court as being both based on codified law and uncodified precedent
Provisions for disclosure of Private Office deliberations and strict protection against divulging and illegal obtaining of such deliberations
Former citizens are now liable for trial if they were Citizens at the time of the offence
The Court now has the power to overturn the decision of the Assembly or Executive in response to a Legal Question

In conclusion, the establishment of this Charter was to codify the protocols and procedures of the Court, and to ensure that principles of the Court and Code of Conduct for Justices, having been set forth in the Charter, and will be respected by all. No one is above the law, no one should influence the Courts. Not the Executive, nor the Assembly, nor any other individuals with such intent. The Judiciary will work in conjunction with other security institutions like the CSS, to ensure the internal security of the region and the upholding of law.

Those are my thoughts as the author of the Charter that I think can form part of the release.

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Hopolis · 02-19-2015, 07:46 AM

Excellent summary Awe. I would suggest maybe also adding:

"Establishing a set of public procedures for the conduct of trials."

Awe · 02-19-2015, 08:49 AM

I'll leave it to Farengeto to draft the final statement as I'll be away from home the next few days and don't have access to a computer

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Hopolis · 02-20-2015, 05:15 PM

This may get rejected by the Assembly but I'd like to say for the record that I think this is a good effort to be proud of.

**Farengeto** · 02-21-2015, 12:29 PM

For months and months the cabinet has been getting powers but the moment we demand enough power to even do our damn jobs we become a threat to the Coalition.