(04-03-2019, 03:37 PM)sandaoguo Wrote: The only people who decide when someone has broken NS rules are NS mods. If they have not made a decision, then the rules haven't been broken yet. (The same way we can't say someone is guilty of breaking our own laws, until the Court has delivered a verdict.) It's pretty simple. We do not need to have a side document explaining that.
My initial brief argued that this region's case law requires that we have a side document explaining this. While it is best to read the
Consistency with the Charter's values section in my brief, here is a summary:
In HCRR1801 the Court found that the Local Council must "provide certain written guidelines, and establish a certain written procedure, for how Article 3 of the Border Control Act will be implemented." My brief contests that the reasoning of the Court is applicable to this case and so, therefore, written guidelines and procedures need to be provided.
Your argument about the obviousness of
NS moderation = NS rule-breaking does not refute the conclusion that case law requires written guidelines and procedures.
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)