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Unibot
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I do like it. I agree calling out G-R is beyond the scope of the question.
I would add "No" to the beginning. Legal answers often begin with a clear yes and no after a brief rephrasing of the legal question. That way immediately people reading it know how this is going to go for them.
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Belschaft
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I'm not sure that's necessary; the first paragraph clearly states thant the powers don't exist, an adding no on before just seems clumsy. There's no excuse for inelegant writing.
Minister of Media, Subversion and Sandwich Making
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Unibot
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I find that your current first paragraph is clumsy - elegant or not. A real court would be clearer.
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Belschaft
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Played with the language somewhat;
Quote:
HCLQ|1401
- ??.05.14 -
Petitioner
Kringalia
Presiding Justice
Belschaft
Associate Justices
Rebeltopia, Unibot
"Does the Chair of the Assembly have the power under Article 3, Section 2, Clause 1 of the Charter of the Coalition of the South Pacific, which relates to his or her duties in administrating the drafting, debate and passage of legislation, to correct spelling and numbering mistakes, once bills are being voted on, or once legislation has been passed?"
Majority Opinion
Belschaft, ?Rebeltopia?, ?Unibot?
The High Court, having considered the question referred to it by Delegate Kringalia in regards to the powers of The Chair of The Assembly granted by Article 3, Section 2, Clause 1 of the Charter (C-3.2.1) has reached a ?unanimous? decision that these powers do not grant the authority to correct spelling and numbering mistakes, or alter in any other way a legal document, once bills have been voted on or legislation passed.
C-3.2.1 states as follows;
"The Assembly will elect a Chair which will be responsible for the administration of all aspects of the drafting, debate, and passage of legislation."
The identification of the specific areas of drafting, debate and passage of legislation as being under the purview of The Chair of The Assembly, and the usage of the term "all aspects", unambiguously grants broad discretionary powers in these areas to the Chair, but cannot be construed as granting any powers - discretionary or otherwise - over any element of the law once it has been voted on by The Assembly. The High Court believes that the powers of The Chair exist only during the legislative process, and the administrative powers of The Chair do not apply to legislation once it has been enacted. Once a bill has been voted on and enacted in law it is no longer in drafting, debate or passage and as such does not fall under the purview of The Chair.
More broadly, the High Court believes that the discretionary powers of The Chair cease to be in effect once a bill has been brought to vote. Whilst The Chairs discretionary powers are extensive up until this point once a vote has been initiated they no longer posses such powers. Just as The Chair may not alter legislation after it has been enacted, they may not alter legislation whilst it is being voted upon.
To conclude, The High Court finds that The Chair of The Assembly does not posses the authority or power to make any alterations to the law - such power is reserved to The Assembly itself by Article 3, Section 1 of the Charter.
Please can both of you let me know if you're happy to sign of on the revised text; if not, either propose alterations or draft an alternative opinion that can be attached as a concurring or dissenting minority opinion.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
Former Delegate (x2.5)
Former Member of the Committee for State Security
Former Chief Justice of The High Court (x3)
Former Minister of Foreign Affairs (x2)
Former Chair of the Assembly (x3)
Former Minister of Security (x2)
Former Local Councillor (x2.5)
Former Forum Administrator
Former Minister of Media
(This post was last modified: 05-08-2014, 06:21 AM by Gordon Freeman.)
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