(02-20-2015, 06:39 PM)Hopolis Wrote:

(02-20-2015, 06:27 PM)Punchwood Wrote: Well sorry Hopolis however here if something isn't liked it's not going to pass even with change.

If this was passed the Court would overrule the Assembly, that would mean if the Justices did not like what the Assembly had passed the Court would over rule it! If the Assembly tried to have the Justices removed the Court would just over rule it! You can't give so much power to a few people.

This Charter would undermine democracy in fact it would as good as destroy it. The Court would be in charge of TSP and there would be nothing in the eyes of the law we would be able to do about it. As its unlikely the Justices would want to give up that power.

In order...

1. That's democracy. The Assembly doesn't support it, then it doesn't get approved. I've no problem with that.

2. Judicial Review has nothing to do with liking or not liking a decision. The quote I used which comes from the UK government pages on Judicial Review (worth a read) specifically states that it has nothing to do with liking or not liking a decision. It is whether the decision was taken lawfully. End of. I would never support the Judiciary being the driving pillar of government in TSP. This Charter doesn't advance such a thing. What it does advance is the judiciary being a balance between the executive and the people.

Given that every major democracy in the world has a version of judicial review and as far as I'm aware the Courts aren't running UK govt for example, I don't see how anyone can claim it would undermine democracy.

That being said, vote for it. Don't vote for it. I really couldn't care right now.

Thank you Hopo for being a voice of reason here. I havent made up my mind on this but i think it is on the right track. I believe we need a fully functional judiciary that is on equal footing with the Assembly. it makes zero sense to even have a court system if its just for show.