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Appellate Court?
#1

Some of you might have noticed that HEM has lost citizenship recently, and with that we find ourselves in need of a new Appellate Justice. While I have to nominate someone to replace him, I would first like to hear the opinion of the Assembly regarding the need for an Appellate Court in the first place. Personally, I believe it unlikely to be ever used, and could potentially prevent us from having some capable people in the Cabinet. I have been considering the possibility of abolishing the Appellate Court altogether, but obviously would like to know what the rest of the region thinks. If the sentiment is that an Appellate Court is in fact needed, then I'll be happy to nominate someone.
Former Delegate of the South Pacific
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#2

I would have no issues with abolishing it. Sometimes it's important to remember that this is a small community and institutions that are important IRL are unnecessary.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

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#3

What I would like to do is eliminate Article 5 of the Charter, but transfer the responsibilities of the Appellate Court regarding administrative appeals to the High Court. How does that sound?
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
#4

(09-01-2014, 07:23 PM)Kris Kringle Wrote: What I would like to do is eliminate Article 5 of the Charter, but transfer the responsibilities of the Appellate Court regarding administrative appeals to the High Court. How does that sound?

That sounds reasonable according to both your and Belshaft's points
#5

Personally, I believe we should keep the Appellate Court as is. Granted, it may never get used, but there is always the possibility it will.
#6

I can't remember a single case of us needing the Appellate Court, or even the full Supreme Court back then we had that, during the last year and a half. Do we really need it?
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
#7

What if we do? What if someone wants to file a non-administrative appeal? What then?
#8

I would love to hear an idea on how to address that issue. I just don't believe that having a full-time justice is the solution.
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
#9

What about having someone appointed by the assembly as the need arises. Perhaps to avoid a prolonged debate it goes to vote automatically within 3 days of the appeal being applied. If no candidate is nominated the assembly will vote on a nomination by the delegate. Voting would be simple First Pass the Post (or if we want, ranked) to avoid nasty revotes.

Any other duties would be merged into the current court.
#10

Overall I like that idea. I think it has its merits.
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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