HIGH COURT OF THE SOUTH PACIFIC [2014.HQ] SPECIAL ELECTION CUT-OFF DATE SUBMISSION 20 DECEMBER 2020 DOCKET NUMBER 2014.HQ REFERENCE NAME Special Election Cut-Off Date SUBMITTER Farengeto QUESTION In the case of Cabinet vacancies, what is the cut-off for when "half of the term remains" applies? CASE LINK https://tspforums.xyz/thread-9027.html DETERMINATION OF JUSTICIABILITY - DISCUSSION OPEN TO ALL JUSTICES DELIBERATION RESTRICTED TO JUSTICE BELSCHAFT (PRESIDING) AND CHIEF JUSTICE KRINGLE (SECONDARY)

Former Delegate of the South Pacific
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(This post was last modified: 01-31-2021, 12:37 PM by Kris Kringle.)

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It's justiciable.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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I concur. The question is interesting and it does seem justiciable.

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.

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I'm happy to take point on this one.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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PREVIOUS ROLES

Former Delegate (x2.5)
Former Member of the Committee for State Security
Former Chief Justice of The High Court (x3)
Former Minister of Foreign Affairs (x2)
Former Chair of the Assembly (x3)
Former Minister of Security (x2)
Former Local Councillor (x2.5)
Former Forum Administrator
Former Minister of Media

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I agree it is justiciable.

Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)

Reply

Just to round out the vote, I too agree that it is justiciable.

-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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With 4-0, the question is deemed justiciable. I’m happy to let Belschaft be presiding, and since Nat and Griffindor are already handling a case I could be secondary, if there are no objections.

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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None with me; have fun!

-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

Reply

I'll need you to explain your case coding system in that case.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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PREVIOUS ROLES

Former Delegate (x2.5)
Former Member of the Committee for State Security
Former Chief Justice of The High Court (x3)
Former Minister of Foreign Affairs (x2)
Former Chair of the Assembly (x3)
Former Minister of Security (x2)
Former Local Councillor (x2.5)
Former Forum Administrator
Former Minister of Media

Reply

2014.HQ:

• 20: the last two digits of the year in which the case was received.
  
• 14: the order of case received in that year; i.e. this is the 14th case that the Court has received in 2020, regardless of its justiciability or probable cause.
  
• H: the case is being handled by the High Court, as opposed to the Supreme Court (S) or the Ministry of Justice (M).
  
• Q: this is a legal question, rather than a criminal case ©, a review request ® or an appeal (A).
  

Beyond that, case documents have the following suffixes:

• NR: Notice of Reception
  
• DJ: Determination of Justiciability
  
• PC: Finding of Probable Cause
  
• IO: In-Chambers Opinion (to explain a case dismissal)
  
• SO: Summary Order (for temporary injunctions)
  
• O: Opinion (i.e. the ruling)
  
• V: Verdict
  
• SH: Sentencing Hearing (to notify a suggested sentence and a period for challenges to it)
  
• S: Sentence
  

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

(This post was last modified: 12-22-2020, 12:18 PM by Kris Kringle.)

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