Users browsing this thread:

***Kris Kringle*** · 11-03-2018, 08:01 PM

Esteemed Legislators,

A few weeks ago I was reading the Sunshine Act, which says that discussions related to the High Court should be disclosed "no later than 6 months after the ruling or, if appealed, the ruling on the appeal, has been announced". I also noticed that, according to Article I, Section 3 of the Criminal Code, the Cabinet is the institution tasked with authorising the disclosure of private information not originated in the Assembly or the Council on Regional Security.

I am not sure whether the Court can disclose information, in compliance with the Sunshine Act, without Cabinet authorisation, which in itself would be quite burdensome. I felt the issue is ambiguous enough that a discussion was merited, to decide whether a legislative fix to clarify the issue would be in order.

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

(This post was last modified: 11-15-2018, 09:42 AM by Amerion.)

**Amerion** · 11-04-2018, 04:39 AM

Given the separation of powers which ideally exists, I think it would be best if the Criminal Code were amended to allow for the High Court to release its own information rather than to do so through the Cabinet.

Example of an amendment Wrote:c. The High Court shall be the relevant institution for information from private discussions of the High Court.
d. The Cabinet shall be the relevant institution for all other private information that originates in official South Pacific discussion areas.

***Roavin*** · 11-04-2018, 07:44 AM

Amerion beat me to it - I would have proposed the same change.

**Amerion** · 11-12-2018, 08:54 AM

(11-04-2018, 04:39 AM)Amerion Wrote: Given the separation of powers which ideally exists, I think it would be best if the Criminal Code were amended to allow for the High Court to release its own information rather than to do so through the Cabinet.

Example of an amendment Wrote:c. The High Court shall be the relevant institution for information from private discussions of the High Court.
d. The Cabinet shall be the relevant institution for all other private information that originates in official South Pacific discussion areas.

Given that there has been no further discussion on this proposal for a week, I motion for a vote.

Nakari · 11-12-2018, 08:56 AM

Second.

**Amerion** · 11-12-2018, 09:18 AM

Legislators,

Please be advised that a vote has been opened here.

The vote will end on 15 November, 2018, at 1:15 p.m. (UTC).

**Amerion** · 11-15-2018, 09:46 AM

Please be advised that the vote to amend Article 1, Section 3 of the Criminal Code has passed.

The final tally is 23 in favour, 3 in opposition, with 13 abstentions.

Thank you to all the Legislators who voted.