(04-27-2022, 02:07 AM)Jay Coop Wrote: That's like saying a legislature and a constituent assembly are one and the same, which they are not.

We are a direct democracy. Legislators are both the electorate and the members of the Assembly. There are no proxies or elected representatives that legislate on behalf of us. Additionally, all legislators are to be members of the Great Council. I think legislature-constituent assembly comparison is bit of a stretch. 
 

(04-27-2022, 03:03 AM)Moon Wrote:

(04-26-2022, 03:33 PM)LFP Wrote: Haughtherlands is the elected Chair of this Assembly. I can't understand why someone else would need to be appointed to be the Chair if this Great Council is called.

Two lines of thought went behind this;

• Kris is an experienced figure in this region, having been playing since 2013. He has been through at least two GCs during his time here and is aware of the work that goes behind organizing and running something huge like this. I thought it would be wise to get someone who has experienced previous GCs to conduct this whole thing instead of Cryo, who's been with us for a year I think? Same time I joined.
  
• Like Griffindor said, Kris is someone I feel is a well-respected and reasonable figure with a really deep understanding of our regional history. As such, he's uniquely qualified to ensure that we remain on a straightforward path and not do something crazy, as well as chime in with well-meaning advice at discussions on what has worked before and what hasn't.
  

 

(04-26-2022, 03:33 PM)LFP Wrote: Further, someone holding both the Chief Justice and Chair positions is against the Elections Act. Sure, the law specifies 'Chair of the Assembly', and the Resolution mentions 'Chair of the Great Council' -- but they are effectively the same. You are not dissolving the Assembly, just temporarily changing its name.

What.

Okay, let's clarify something here really quick. According to Section XIV of our Charter, which sets up a procedure for "constitutional conventions", the goal of a Great Council is "to rewrite all laws in their entirety, or establish a new state for the South Pacific". It's a constituional convention, a one-time special body formed by an Assembly resolution, a completely different thing than the Assembly. Yes, it's main constituents are those who hold legislator status in our region before a certain date, but that doesn't make this "Assembly with its name changed", like you're saying. We aren't going to be putting appointment motions or recall motions through a GC, we'll be putting those through the Assembly instead, which is ordered to continue function normally in the draft resolution. The Assembly itself isn't going anywhere and will continue to work as intended, we're instead creating another seperate body to discuss the problems we have and what solutions we can come up to solve those. The duties of a Chair of the Assembly and the duties of a Chair of the Great Council thus doesn't deal with even remotely the same subject matters, making the claim "they're both effectively the same", well, wrong.

This in no possible way breaches any of our laws, unless we take it by your interpretation, which is definitely not what it is.

There are no arguments against Kris being a well-respected figure who has been part of this community for a very long time, holding a variety of positions including the Delegacy, and someone who has a deep understanding of the regions history. And whether he is the Chair or not, I am certain that he will offer his well-meaning advice at discussions, as well as his suggestions, along with all other legislators new and old-alike.

Point of my argument that you seem to so willingly ignore is that the Great Council is delegated with writing and re-writing our laws as you have mentioned with your quote of Section XIV of our Charter. It is legislative in its very nature. Kris, as the Chief Justice of the High Court, is the leader of the judiciary. This proposal will also appoint Kris as the Chair of the Great Council, the leader of this legislative proceedings, whether it is the Assembly, a subcommittee created within the Assembly, or as you claim it, an entirely different entity separate from the Assembly that is tasked with legislating and is compromised of all legislators but for some reason is not part of the Assembly. 

What happens if Chair of the Great Council Kris'es decision is taken to Chief Justice Kris'es High Court for a reason or another, either as a legal question or for review? What happens if the Court finds the filing not justiciable? Or judgement goes in favor of Kris. Or the decision needs to be appealed?

Would it be fair to put the judiciary in a position that their impartiality may potentially be questioned? Would it be sensible for the Great Council to draft laws for the next 'version' of the region under such circumstances?