Legal Question on Candidate Eligibility |
I would hardly call this a constitutional crisis; it's a simple appeal. Since when did an appeal become a constitutional crisis?
My argument is relatively simple; that common sense should take precedent over legal pedantry. I would not call that a special exemption, but rather a contrasting theory of how the court should rule on legal matters - intent over letter. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator (02-14-2016, 08:19 PM)Bels chaft Wrote: My argument is relatively simple; that common sense should take precedent over legal pedantry. I would not call that a special exemption, but rather a contrasting theory of how the court should rule on legal matters - intent over letter. "common sense" is an irrelevant phrase. What you suggest is quite clearly not in the laws, nor are non-citizen candidates in the intent of the law. (02-14-2016, 08:23 PM)Farengeto Wrote:(02-14-2016, 08:19 PM)Bels chaft Wrote: My argument is relatively simple; that common sense should take precedent over legal pedantry. I would not call that a special exemption, but rather a contrasting theory of how the court should rule on legal matters - intent over letter. The intent of the law is that only citizens can participate in elections, but the letter of the law was not written with my situation in mind; either the issue regarding assembly revocation of security threat designation, nor the extremely minor scheduling problem in regards to when Awe and Elu opened their respective threads. There are multiple theories of judicial interpretation, and the strict constructionism you used is not the only valid one. A broader intent based interpretation could easily conclude that according to the basic principle of common sense, and in the belief that maximising participation is a desirable outcome, that allowing my entry on to the ballot is within the remit of the law. Your decision to ignore the issues of context and intent in favour of a strict interpretation based solely on the wording of the law is by no means the only possible judicial opinion on this matter. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
I believe this is called thread-jacking. The law is not very clear on this situation and you are going to view it as you want to view it. Can Feirmont just agree with Farengeto as we know he is going and then we can simply vote RON in the election and then Bel can run. Because we are not going to get a result here.
Europeian Ambassador to The South Pacific
Former Local Council Member Former Minister of Regional Affairs Former High Court Justice (02-14-2016, 08:35 PM)Punchwood Wrote: I believe this is called thread-jacking. The law is not very clear on this situation and you are going to view it as you want to view it. Can Feirmont just agree with Farengeto as we know he is going and then we can simply vote RON in the election and then Bel can run. Because we are not going to get a result here.I believe I have recused myself. Perhaps you have missed it?
(02-14-2016, 08:35 PM)Punchwood Wrote: I believe this is called thread-jacking. The law is not very clear on this situation and you are going to view it as you want to view it. Can Feirmont just agree with Farengeto as we know he is going and then we can simply vote RON in the election and then Bel can run. Because we are not going to get a result here. You have definitely missed something.
Ok, I would like to point out that Justice Farengeto has just declared his candidacy in the election he has bared me from running in.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
Since I do not foresee any relevant discussion to this case until an Appellate is appointed, I'm locking this thread until one can be appointed.
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 |
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