| [2002] Local Council Vacancy |
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 think it is justiciable. It is asking whether the options listed are exhaustive, which is a valid question.
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
I would argue that this is not justiciable, the Local Council Elections Act and the forum-side Elections Act both say that if less than half the term remains, the position will be filled by appointment.
In looking at this determination of justiciability, I found an actual discrepancy in the laws that would conflict on who appoints the replacement. The discrepancy was found within the Local Council Law vs Forum-Side Law. Article 6, Section 2 of the forum-side Elections Act says that the Delegate will appoint the replacement if less than half the term remains. Meanwhile, Article 5, Section 1 of the Local Council Elections Act states that the Local Council will appoint the replacement if less than half the term remains. I am unsure if a new LQ would need to be raised to address the discrepancy, but, in my opinion, that is what the court should address. EDIT: Upon reading Nat's response, in conjunction with the discrepancy I noticed, I think that the petitioner might be alluding to this discrepancy. Depending on which law you look at, either option is technically valid. -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 (06-23-2020, 08:04 PM)Griffindor Wrote: I would argue that this is not justiciable, the Local Council Elections Act and the forum-side Elections Act both say that if less than half the term remains, the position will be filled by appointment. I think it says "may" be filled by appointment. So ultimately Omega is interested in whether all the "may" phrases in our laws are actually optional. A strange question, but I would argue valid nonetheless. I am interested to hear if you have points against this 
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
Those pesky "mays"
 If it is regarding word choice then I agree with you on that. That being said, what can be done about the discrepancy in the laws? Isn't there a precedent for Local Council law to have more weight on the RMB than forum-side laws? -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 think the question is legitimate, and certainly well presented. I vote in favour of justiciability.
We're 3-0 in favour of justiciability. I'll let the usual 24 hours pass, in case any arguments are presented by a third party, and then I'll post the determination. Please let me know if either of you is either available or unavailable for assignment to this case. 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 am available for assignment
So if I understand Griffindor's post correctly, there are really two questions which crop up:
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
I too am available for assignment;
I should have my existing case [1908] edits wrapped up tonight, for your final approval and greenlight for posting. -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
We also have the plea bargains case to do as well which, if I recall correctly, Kringle and Belschaft are recused from and I can only be a non-argumentative secondary for (better wording escapes me).
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
I would like to assign Nat as presiding and Griffindor as secondary for this case. Please let me know if this would be alright with you.
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 |
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