| Reforming the Judicial system |
The constitutional crisis coup and the election post coup has shown that the Judicial system needs to be revamped. This is NOT a jab at Far, I have agreed with his ruling that the forum move was illegal as well as largely agree with his denial of Bels entry into the MoFA race due to the awkward timing. The issue is that the times have made the old system unworkable and in need of serious reform.
My suggestion for the new reformed court:
The Court: The High Court of the South Pacific is a 3 member group lead by the chief justice, which is chosen between the 3 members of the court, the chief justice will serve a life term until a recall or resignation, the other two justices will serve on a "staggered" term, (Justices or hopeful justices will appear on the ballot every second election cycle with only one up for reelection at any given election). Justices will interpret the laws passed by the Assembly, based solely on weather it follows the wording of the charter. If the court finds the law to be in violation of the charter, the law is nullified. Justices are not able to hold any position other than their own and cannot vote in the assembly, but can participate in debate in the assembly or elsewhere if they desire. Simple as that. There doesn't need to be any other powers given to the court. This is to prevent any possible bias. -Griffindor/Ebonhand
-Current Roles/Positions -Legislator 2/24/20- -High Court Justice 6/7/20- -South Pacific Coral Guard 11/17/20- -Minister of Engagement 6/17/22- -Past Roles/Positions -Legislator 7/3/16-4/10/18 -Secretary of State 4/3/20-2/24/21 -Chair of the APC 9/24/16-5/31/17 -Vice-Chair of the APC 6/1/17-4/10/18 -Local Council Member 7/1/17-11/17/17 -Citizen 5/2012-12/2014 and 2/26/16-7/3/2016
I don't think a multipanel system is possible at this point. The judicial pool is much too small and doesn't remove biases. Instead there should be an appeals process and more appellate judges to increase experience to realize an impartial multipanel Justice system. Furthermore I don't agree with "electing" justices. Politicizing a non-political entity wouldn't bode well as it would put pressure on justices to interpret the constitution in ways that benefit their constituents as opposed to the region as a whole.
While I agree that appellate justices and the ability to appeal the case would be best, we simply don't have enough active people to do this. With the idea of reelection, I am willing to have a "reappointment" every second election or so.. With the idea of 3 justices not getting rid of bias, I agree, but it limits it. The 3 justices would have to be unanimous in their verdict, and the chance that all 3 justices would have no morals (or willingness to make decisions based on the Charter), would be slim, so at the very least nothing would happen and the original law or ruling would stand.
Any other things that I missed? -Griffindor/Ebonhand
-Current Roles/Positions -Legislator 2/24/20- -High Court Justice 6/7/20- -South Pacific Coral Guard 11/17/20- -Minister of Engagement 6/17/22- -Past Roles/Positions -Legislator 7/3/16-4/10/18 -Secretary of State 4/3/20-2/24/21 -Chair of the APC 9/24/16-5/31/17 -Vice-Chair of the APC 6/1/17-4/10/18 -Local Council Member 7/1/17-11/17/17 -Citizen 5/2012-12/2014 and 2/26/16-7/3/2016
It's because we don't have many active experienced justices that an appeals process is necessary to gain experience. A multipanel justice system that lacks an appeals process and force the justices to be unanimous is bound to fail. If there is a dissenting justice his opinion can force the court to do nothing leaving the problem as well as have his opinion stifled as he is strong armed by the majority Justice to rule in favor or against a particular case to ensure a unanimous decision. furthermore it doesn't resolve cases where the Justice has a CoI in a case.
How would people feel about a "Committee of Legal Experts" similar to the CSS, but with authority over legal matters? That way we can get around the problem of finding enough qualified individuals to staff the judiciary as they could hold other positions, and we could avoid politicizing the process via elections etc?
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator ![[Image: B9ytUsy.png]](https://i.imgur.com/B9ytUsy.png)
That seems like the worst of both worlds, Bel. If people thought Farengeto was biased and that fundamentally ruined our judiciary, then having judges under a different name being able to hold a bunch of other positions is a recipe for disaster.
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The criticism of multi-personal tribunals is that there aren't enough qualified candidates, right? The solution to that is to make it a non-exclusive role like the CSS...
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
Except you're wanting to move TO a multi panel system because it arguably is less biased than a single Justice one. Allowing blatant conflicts of interests like that would defeat the whole purpose.
Sent from my iPhone using Tapatalk
In the case of a conflict of interest, then the two remaining justices would make a unanimous decision either way. Deadlock on a case will happen, that's why each side needs to argue their point, and why its actually the best decision that follows the Charter (its also why real life juries usually need a unanimous consensus). When the verdict is reached, the "dissenter" can explain why they diddnt support the decision initially. Which then the verdict (can/may) be appealed with new evidence (I haven't entirely worked out the dissent turning into an appeal yet).
-Griffindor/Ebonhand
-Current Roles/Positions -Legislator 2/24/20- -High Court Justice 6/7/20- -South Pacific Coral Guard 11/17/20- -Minister of Engagement 6/17/22- -Past Roles/Positions -Legislator 7/3/16-4/10/18 -Secretary of State 4/3/20-2/24/21 -Chair of the APC 9/24/16-5/31/17 -Vice-Chair of the APC 6/1/17-4/10/18 -Local Council Member 7/1/17-11/17/17 -Citizen 5/2012-12/2014 and 2/26/16-7/3/2016 |
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