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Legal Question - Voting Rights of the Delegate
#1

Again, I thought I'd start a thread for discussion. The question is from Kris Kringle.
#2

Thanks, was going to start these threads myself.

I'm recusing myself from this one as a CSS member, but off the record it seems quite clear they don't get to vote, and this has been the case in the past (if I am understanding Kris' question correctly.)
#3

The Charter seems quite clear: "The Delegate shall serve as an observer on the CSS, with no voting rights."

My view would be that the Delegate should not be able to be a member of the CSS other than an observer as the Charter specifically states the capacity in which they should serve. In that case they would have no voting rights.
#4

I agree. And for practical reasons, the Court recommends that the sitting Delegate should be removed from the current CSS line of succession, due to the fact that it would be impossible for him to succeed himself, with the possibility of reinstatement in the future to be discussed at a later date by the Assembly.




#5

Are there any more issues of contention? If not, I'd like to draft the text for this ruling.




#6

Agreed.
#7

Here's the proposed draft text





HCLQ1503
- 25.02.15 -



Petitioner
Kris Kringle

Presiding Justices
Awe, Farengeto, Hopolis

Non-Presiding Justice
Aramanchovia


Esteemed Justices,

I would like to submit the following legal question, based on some unclear provisions of the Charter, and hoping to make understanding better for everyone:

In the event that the incumbent Delegate of the South Pacific is also a Member of the Committee for State Security, would their non-voting status as per Article 7, Section 1.3 of the Charter supersede their right to vote in the affairs of the Committee?

I urge the Court to consider this matter at its earliest convenience.



Majority Opinion
Awe, Farengeto, Hopolis



After careful deliberation, the High Court issues the following judgement in response to the Legal Question submitted by Kris Kringle.

It is in the opinion of the High Court that the Charter does explicitly state that the Delegate is only an observer in the Committee of State Security (CSS), as per Article 7, Section 1.3, which states:

Quote:3. The Delegate shall serve as an observer on the CSS, with no voting rights

It is worth noting that in addition to stating that the Delegate only has observer status in CSS, the relevant Section also explicitly states that the Delegate has no voting rights in the CSS. 

In light of the above, it is in the Court's opinion that in the case that the nation holding the Delegacy is concurrently a member of the CSS, the Delegate position should supersede that of being a member of the CSS, for the reason that Article 6, Section 6.3 of the Charter states that the CSS exists for the purposes of providing for a line of succession, below that of the Delegate and Vice Delegate.

In addition, for practical reasons, the Court recommends that the sitting Delegate should be removed from the current CSS line of succession, due to the fact that it would be impossible for him to succeed himself, with the possibility of reinstatement in the future to be discussed at a later date by the Assembly.




#8

You will need to change the header. That draft has the wrong number and justices.
#9

Subject to Aram's points the content seems fine to me.
#10

The question on joint candidacies was LQ1501, so this would be LQ1502

I chose the Justices based on who posted first, so since Farengeto was the last Justice to make a post, he'll be the non-presiding Justice

Is there something I'm missing?








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