| Legal Question: LC Authority and Voter Influence |
Your Honor, I submit the following legal questions in response to recent actions by Local Council Representative regarding Mass Regional Telegrams:
"Does the Local Council Representative have the authority to include personal opinion when informing the Regional Community on Charter Amendments that directly affect them?" "Does the Local Council Representative have the authority, when informing the Regional Community on Charter Amendments that directly affect them, which way they should vote?" "Does the Local Council Representative need gain approval from the Delegate each time they wish to send out a Mass Regional Telegram?" Article V Section 1 of the Charter states the following in regards to the purpose of the Local Council: Quote:1. The Local Council will be a body of three residents of The South Pacific elected by the region as a whole every four months, who will represent the interests of all players in the region, moderate the Regional Message Board, and encourage activity on the game-side. The Charter specifically states the Local Council "will represent the interest of all players in the region". It is quite clear that the opinion of one individual Local Council Member does not qualify as representing the interest of all players in the region. Furthermore, stating specifically which way the Regional community should vote on a Charter Amendment that directly affects them, clearly does not represent the interest of all players in the region. Additionally, I would argue that if allowed by the court, the actions of the Local Council Representative quite possibly violate Article 1 Section 6 of the Criminal Code, which states: Quote:(6) Corruption shall be defined as the misuse of public office for private or personal advantage. Article V Section 3 of the Charter states the following in regards to the authority of the Local Council: Quote:3. The Local Council will have the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. It may not alter the regional flag or tags, and may not send out mass telegrams, without the approval of the Delegate. Here the Charter states that the Local Council may not sent out mass telegrams without the approval of the Delegate. I would argue that approval is needed in each case when the Local Council intends to send out a mass telegram to the region. The reason this statement is written in the Charter this way is to make that point clear. The Charter makes clear what the Local Council can do, without restriction, and what it cannot do, without approval. The Great Council of 2016 debate on this topic makes several mentions to mass telegrams being a potential nuisance to the Regional Community, which is why this specific restriction was put in place. Your Honor, having shown above that the actions of the Local Council Representative do not fulfill the duties to the Regional Community as stated in the Charter, I would ask that the court clarify what may be included in communications to the Regional Community in regards to Charter Amendments that directly affect them, so that the duties of the Local Council may be properly fulfilled as set out in the Charter. If needed, the Mass Regional Telegrams in question can be provided for the court. Semi-Unretired
If the Court will allow me to and the time to do so I would ask that I be permitted to submit a brief on these questions.
I would also like to ask if the petitioner has filed charges related to corruption or if the petitioner is simply pointing out this may have broken the criminal code. Above all else, I hope to be a decent person.
Has Been What's Next? CoA: August 2016-January 2017
Minister of Foreign Affairs: October 2019-June 2020, October 2020- February 2021
The Court will hear this (these) legal question(s), allowing 48 hours for Amicus Briefs.
Your honour, if it so please the court;
I cannot help but raise an objection to these legal questions, as I consider them to be addressing political rather than legal matters. Seeing how there are no regulations in regards to what may be sent via regional TG to the region, merely a requirement that the Delegate provide approval for the sending of regional TG's, I cannot see how the Court can rule on these matters. It would be improper for the Court to establish such regulations where there are none in existence, this being a legislative function of the Assembly. In regards to the third question, which unlike the first two I believe the court can rule, I would argue that by limiting the approval the Delegate can grant for regional TG's to specific approval of individual telegrams an undue burden would be created - the Delegate should be at liberty to make this determination, and should they wish to grant approval for a broad category of telegrams that is their right. Fundamentally, your honour, I believe that these are political questions, not legal questions. The Court should not become involved in a political disagreement between the office of the Prime Minister and the Local Council Representative to the Assembly. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator ![[Image: B9ytUsy.png]](https://i.imgur.com/B9ytUsy.png)
Your honor I wish to submit the following:
Belschaft states that these are political questions. If we are to be quite honest here we should note that what Belschaft posted is policial, as he is (and pardon me if I am too frank) the only reason the first two questions had to be submitted. In fact I would say these absolutely are legal questions, all three of them. The first two are legal questions because without an answer to them we would lack a definition to what would constitute a corruption charge and it provides further clarification as to what is included in the statement "all players in the region". I will of course say that I believe the term "all players in the region" refers to every person that has a nation. So it would be insane to say that opinion or voting advice from one person represent the thoughts of EVERY single regional player. And it is for that reason I believe voting advice or a personal opinion must not be allowed to be advocated by an LC member AND the LC representative when they are acting in an offical role. Your honor, allowing one person to be able to spread their opinion or give voting advice allows them to have much more than one vote in the Assembly. In fact your honor I would say that being able to tell the entire region how to vote or spreading their opinion, when informing the region directly through a telegram about a poll that is directly tied to the LC block vote, is effectively allowing one person to control 20% of Assembly votes. Thank your honor and I look forward to a ruling. Above all else, I hope to be a decent person.
Has Been What's Next? CoA: August 2016-January 2017
Minister of Foreign Affairs: October 2019-June 2020, October 2020- February 2021
Your Honor,
If I may, I would like to reply to two issues raised here. The first regarding the ability of the Court to adjudicate the mass telegram question. I believe it is within the Court's jurisdiction. I agree that it would be a political question and outside of the Court's remit to adjudicate the content of a mass telegram, e.g. whether or not the content is appropriate. But it is well within the Court's jurisdiction to decide whether the Local Council has the authority to send mass telegrams carte blanche or if they must get permission for each mass telegram they want to send. The second issue regards the criminal act of corruption. I urge the Court to take a narrow view of its ability to answer this question. A trial is required to hear a criminal complaint. However, it is possible for the Court to say what corruption means under the penal code, without addressing the specific charge possibly being leveled here. Thank you, Your Honor.
Amicus Brief
Your Honor, I would like to submit an Amicus Brief on these Legal Questions. My aim is to clear doubts to my best ability. On the first and second questions... I believe that making a personal opinion for a community that may or may not be informed of our proposals is informing in a biased matter, and it couldn't be more wrong if it's just the opinion of just one person, instead of the entire Local Council. It is my belief that the Local Council should represent the interests of the entire on-site community. However, when one or more Councillors sends a biased message to the community, he or she manipulates the community, therefore manipulating the vote. In a worst-case scenario, it could mean that this hypothetical official has committed Corruption, and, if looked from an angle, Electoral Fraud. Furthermore, the opinion of one official does not represent the best interests of the gameside. When an official manipulates the minds and thoughts of the people, their interests become his or hers, therefore making the interests corrupted, wrong and twisted. If this official wishes to gain hearts and minds for his case, then he or she must do it as a citizen, not using the tools provided to him or her to do their best at a governmental post. If he or she does, it is corruption, as this would be beneficial, in a way, for this official, while using their post to do so. On the third question... I see the intent of this question, but it is very much pointless. Our laws clearly say that the Local Council must first ask permission from the Delegate. I urge this Court to dismiss this question, as there is no ambiguity. On the contrary, it couldn't be more crystal-clear in our laws.
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)
Local Council Member(April 24-August 11) Court Justice of TSP(August 15-December 7) HCLQ1610
August 8th, 2016
Petitioner
Drugged Monkeys
Presiding Justice
Feirmont
Your Honor, I submit the following legal questions in response to recent actions by Local Council Representative regarding Mass Regional Telegrams: "Does the Local Council Representative have the authority to include personal opinion when informing the Regional Community on Charter Amendments that directly affect them?" "Does the Local Council Representative have the authority, when informing the Regional Community on Charter Amendments that directly affect them, which way they should vote?" "Does the Local Council Representative need gain approval from the Delegate each time they wish to send out a Mass Regional Telegram?" Opinion
Drugged Monkeys Wrote:"Does the Local Council Representative have the authority to include personal opinion when informing the Regional Community on Charter Amendments that directly affect them?" The inclusion of personal opinion, or any content within any communication for the Gameside Community, is at the sole discretion of the Local Council. There is no law expressly stating what the Local Council must include in a telegram, if they chose to. However: Charter Section V Wrote:1. The Local Council will be a body of three residents of The South Pacific elected by the region as a whole every four months, who will represent the interests of all players in the region, moderate the Regional Message Board, and encourage activity on the game-side. Charter Section V Wrote:4. The Local Council is responsible for sending a representative to the Assembly, whose term must not exceed the Local Council’s. The method of selection will be decided by the Local Council, along with how the representative casts their votes in the Assembly. It is the Court’s Opinion that, since the Local Council as a whole decides how the Representative will cast their vote in the Assembly, taking care to “represent the interests of all players in the region”, the Local Council as a whole decides the content and method of their communications to the gameside community when there is a charter amendment directly affecting the gameside community. Charter Section XII Wrote:2. Debate on Charter amendments will last for a minimum of two weeks, unless the Council on Regional Security acknowledges that the amendment addresses an immediate and perilous issue that threatens the security of the region. Any amendment that directly affects the game-side community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side community. Regardless, there is a debate period for amendments affecting the gameside community within the gameside community; giving time for more than one view on a matter to be presented. Drugged Monkeys Wrote:"Does the Local Council Representative need gain approval from the Delegate each time they wish to send out a Mass Regional Telegram?" Yes, all Local Council members require approval as stated in the Charter to send mass telegrams. |
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