| [1908] Legality of Ejections for Conduct Violations |
Legality of Ejections for Conduct Violations Docket File Number: 1908
Submitter: Awesomiasa Date of Submission: 03 March 2019 Case Type: Legal Question Question: The question I pose before this Court is whether Article 2, Section 2 of the Criminal Code conflicts with Article III, Section 3 of the Charter, and if that Section of the Criminal Code should be deemed unconstitutional, should it be found to violate the right to due process. Case Link: http://tspforums.xyz/thread-6937.html Restricted to CHIEF JUSTICE KRINGLE and JUSTICE REBELTOPIA GRIFFINDOR
(except for discussions on the determination of justiciability) 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
I would argue that this question is indeed justiciable. Awesomiasa is referencing sections of the law and asking if there is a contradiction between them. That meets the requirements of a legal question. Whether or not there actually is a contradiction is an entirely different matter, one that would be resolved once the question is admitted.
Thoughts? 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
Agreed - 100% justiciable.
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)
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
Just putting it on record that I'll be recusing myself from this case, since I was the Petitioner
I guess Ill start the discussion, if this is no longer a "Kris & Bels" case...?
"...if you're normal, the crowd will accept you. But if you're deranged, the crowd will make you their leader." - Christopher Titus
Deranged in NS since 2011 One and ONLY minion of LadyRebels The OUTRAGEOUS CRAZY other half of LadyElysium
@Rebeltopia:
So far I am agreeing with Nat’s brief. Glen is probably right that moderator action is the logical indicator for a conduct violation, but that doesn’t address the issue of that provision’s Legality. As it stands, we have no degree of reasonability or proportionality, so any and all conduct violations are punishable by ejection without prior recourse. That would arguably include any minor flaming warning or some other otherwise insignificant violation. Since there is no written guideline of who must enforce that provision at the regional level, or how they must enforce it, there is a risk that a border control official could eject otherwise blameless members for minor violations, based on personal motives. What are your thoughts on this? 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
The wording of Article 2, Section 2 of the Criminal Code does conflict Article 3, Section 3 of the Charter.
My only concern is the wording "who had joined the region in good faith". This is the slippery slope where the definition of "good faith" could come into question - and it has in a case or two in the past... if I remember correctly, it was NHC that argued that he was ejected despite being here "in good faith". Does breaking NS rules constitute not being here "in good faith"? Does constantly getting warnings from the LC or other government officials about breaking NS rules constitute not being her "in good faith"? What are your thoughts?
"...if you're normal, the crowd will accept you. But if you're deranged, the crowd will make you their leader." - Christopher Titus
Deranged in NS since 2011 One and ONLY minion of LadyRebels The OUTRAGEOUS CRAZY other half of LadyElysium
I would recommend reviewing Chapter III of HCLQ1708, particularly the final 4 paragraphs. That section deals with the concept of membership and good faith.
Inviato dal mio iPhone utilizzando Tapatalk 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
At long last; a preliminary opinion has been drafted for HCLQ1908. As everyone here knows this is my first written opinion on this Court and I would love the feedback. Good and bad. Feel free to make edits or comments as necessary. Also, let me know if I left anything out that might need to be addressed.
The opinion: https://docs.google.com/document/d/1i-zM...sp=sharing (I have June 20th listed as the release date in the opinion, but obviously this can, and probably will change.) -Griffindor/Ebonhand
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