We've moved, ! Update your bookmarks to https://thesouthpacific.org! These forums are being archived.

Dismiss this notice
See LegComm's announcement to make sure you're still a legislator on the new forums!

LegComm: Accepted Charter Amendment
#41

(02-21-2015, 07:34 PM)Escade Wrote: HEM,

I guess I am burned out re: the judicial branch because we had this same discussion on the old forums. I needed or wanted the courts help and couldn't get it. So I need to see it to believe it.

Yes, the balance is unbalanced. I agree about that.

I understand that the courts have failed from time to time. I am with you there. But I think a large part of that is a self fulfilling prophecy that we (myself included) orchestrate by dinging them, and writing laws that allow other branches to do their job.

Let's choose to trust the courts on this one. Let's build them up as an institution and create a system that would have worked for you when you needed it!
Formerly Relevant, Currently Former.
#42

I'm still waiting for the court to answer my legal questions or procedure questions so that I can even file a case. Since there is no clear procedure, there are a lot of questions. However, I'm not in favor of taking away the executive powers for a court that has yet to prove itself.

Beschaft can be tried as a resident as he so proved when he included a resident (Cormac) in his own case which the court took on. Indeed, he may still be able to continue the defamation case for all I know, as a resident. Who knows whats possible when there is no precedent?

Escade

~ Positions Held in TSP ~
Delegate | Vice Delegate 
Minister of Regional Affairs, | Minister of Foreign Affairs | 
Minister of Military Affairs
~ The Sparkly One ~


My Pinterest




 
#43

Belschaft is no longer a Resident of the South Pacific.
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
#44

(02-21-2015, 08:09 PM)Escade Wrote: I'm still waiting for the court to answer my legal questions or procedure questions so that I can even file a case. Since there is no clear procedure, there are a lot of questions. However, I'm not in favor of taking away the executive powers for a court that has yet to prove itself.

Beschaft can be tried as a resident as he so proved when he included a resident (Cormac) in his own case which the court took on. Indeed, he may still be able to continue the defamation case for all I know, as a resident. Who knows whats possible when there is no precedent?

...But it isn't a power the executive ought to have.
Formerly Relevant, Currently Former.
#45

Finding guilt is a power the executive ought not to have. Responding to security threats is a power that it ought to have.
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
#46

Why?

The executive, of which the VD is I think a member of the CSS, absolutely should have that power (to determine security risks). The court as an institution is not capable of acting with speed. It takes time to do things. It usually deals with matters such as crimes after the fact. That's true in real life as well.

The executive power is held in check by the assembly. Therefore, it is currently being checked right now and the populace is deciding whether or not they think the executive power made the right decision. It's all very transparent and democratic.

Kris, Milograd was no longer a citizen but still tried by the courts right? For treason? I'd love a link to that case.

Escade

~ Positions Held in TSP ~
Delegate | Vice Delegate 
Minister of Regional Affairs, | Minister of Foreign Affairs | 
Minister of Military Affairs
~ The Sparkly One ~


My Pinterest




 
#47

(02-21-2015, 08:19 PM)Escade Wrote: Why?

The executive, of which the VD is I think a member of the CSS, absolutely should have that power (to determine security risks). The court as an institution is not capable of acting with speed. It takes time to do things. It usually deals with matters such as crimes after the fact. That's true in real life as well.

The executive power is held in check by the assembly. Therefore, it is currently being checked right now and the populace is deciding whether or not they think the executive power made the right decision. It's all very transparent and democratic.

Kris, Milograd was no longer a citizen but still tried by the courts right? For treason? I'd love a link to that case.
Link

Also, Escade, the Justices did take into consideration your Legal Questions while drafting that document now up for debate in the Assembly.

Anyway, can't we resolve this by just giving the power to declare a security threat to the CSS, along with an accompanying report on why Person X should be revoked of his citizenship and the grounds for proving that this person is a threat? I mean, after all, the CSS is responsible for the region's internal security




#48

(02-21-2015, 07:30 PM)Aramanchovia Wrote: As I said, the % either needs to be lowered, cabinet shouldn't be able to vote on the repeal 

This so much
#49

If anyone cares, I only wrote this into the law so that it could be misused like this.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]
#50

(02-21-2015, 08:16 PM)Kris Kringle Wrote: Finding guilt is a power the executive ought not to have. Responding to security threats is a power that it ought to have.

Not if "responding to security threats" involves permanently stripping people of their regions without due process.
Formerly Relevant, Currently Former.




Users browsing this thread:
5 Guest(s)





Theme © iAndrew 2018 Forum software by © MyBB .