Term 1 ~ Judiciary : Interpereting the Great Experiment!

I think we need a full Constitution to work on, before we can develop the needed amendments. For sure, this is NOT a flawless constitution, but an improvement to traditional.
 
I open the first judicial review of DG VI

President Daveshack has wrongfully nominated and appointed a non-registered Fanatannian citizen as his Vice President. Even though Donsig is a household name for the DGs, many find it unfair that Daveshack has bypassed several perfectly eligible candidates registered prior to the 1 of March election day.

I need to see these principles added into our constitution.

All positions in a term within the Chain of Command, city naming list and unit naming list MUST be registered prior to relevant election day. All appointments of the VP must be substantiated, validated and argumented for in the choice of the various candidates, and not kept secret on the PMs as it is a forum game. I would also make this JR inquire whether or not the appoinment of Donsig has violated the Right to Information, and would request President Daveshack to post all the PMed answers of nominated candidates in the Judicial Review thread, as the public should know the process that lead to this selection. Finally, I would also like to mention that a violation of election codes and principles could lead to a CC if the JR is ignored on its fair merits. I give the President the benefit of the doubt here, and would give due time to find a proper and legitimate replacement.

Question: Did the President follow the election laws and appointment laws when appointing a non-registered citizen as President ?

Follow up questions.

1. Did the President respect the Right to Information win choosing between the nominated candidates and why are not the process of selecting the appointed VP presented in the Public?

2. Should the Vice Presidential Appointment Process be public or private?

3. Is the Judiciary itself neutral in this process, or will they favor an old known name over legally registered citizens?

4. Do we need a regulated procedure for the VP appointment ?

5. Will a suspension of the non-registered citizen be required per the constitution and conventional DG principles be required and would equality to the law and equal citizen rights be more important than cronyism, historical bonds and favoritism based on personal preference?

Here follows the cited law:

Article X. The government will consist of four branches: Strategic Branch, Tactical Branch, Judicial Branch, and the General Assembly,

Article X. The Strategic Branch consists of the President, the Vice President,
and the Consuls. The Consuls, as listed below, are in tasked with deciding on the broader picture of how $COUNTRY_NAME will operate.
1. President - Leads discussions crossing over multiple areas of different Consuls. He/she will also decide on any strategic tasks not designated to another consul in this constitution. The President is the primary designated player. He/she has the following responsibilities, and may appoint a citizen to oversee a responsibility: Naming of Cities and Units, Elections, and Polling Standards. These appointed officials remain in office until removed by a President. The President also leads discussion on how to use military and scientific great leaders.

2. Vice President - Assistant to the President. He/she may take over the President's tasks when the President is absent. If the President should be removed from office for any reason the Vice President will then take the position of President and appoint a Vice President. The Vice President must be approved by a majority of the consuls, if the Vice President is appointed mid-term.
Click to expand...

Article X. The government will consist of four branches: Strategic Branch, Tactical Branch, Judicial Branch, and the General Assembly,
Click to expand...

For this section I propose the following amendment:

Article X. The government will consist of four branches: Strategic Branch, Tactical Branch, Judicial Branch, and the General Assembly, and each official in the Chain of Command must be a registered citizen prior to the election date of the Presidential Election with retroactive powers.
Click to expand...

New section to be looked at.


Article X. The Strategic Branch consists of the President, the Vice President,
and the Consuls. The Consuls, as listed below, are in tasked with deciding on the broader picture of how $COUNTRY_NAME will operate.
1. President - Leads discussions crossing over multiple areas of different Consuls. He/she will also decide on any strategic tasks not designated to another consul in this constitution. The President is the primary designated player. He/she has the following responsibilities, and may appoint a citizen to oversee a responsibility: , Naming of Cities and Units, Elections, and Polling Standards. These appointed officials remain in office until removed by a President. The President also leads discussion on how to use military and scientific great leaders.
Click to expand...

Here the main problem is that the VP appointment process is not specified.
It is also not specified the VP is a citizen or not, which should be mandatory.
Also, the VP should be subject to a citizen approval poll as well as a Consular approval in said citizen approval poll. Here is the amendment proposal:

Article X. The Strategic Branch consists of the President, the Vice President,
and the Consuls. The Consuls, as listed below, are in tasked with deciding on the broader picture of how $COUNTRY_NAME will operate.
1. President - Leads discussions crossing over multiple areas of different Consuls. He/she will also decide on any strategic tasks not designated to another consul in this constitution. The President is the primary designated player. He/she has the following responsibilities, and may appoint a pre-election registered citizen to oversee a responsibility: Vice President, Naming of Cities and Units, Elections, and Polling Standards. These appointed officials remain in office until removed by a President. The President also leads discussion on how to use military and scientific great leaders.
Click to expand...

Final article section subjected to scrutiny and amendment proposal:

2. Vice President - Assistant to the President. He/she may take over the President's tasks when the President is absent. If the President should be removed from office for any reason the Vice President will then take the position of President and appoint a Vice President. The Vice President must be approved by a majority of the consuls, if the Vice President is appointed mid-term.
Click to expand...

This is the second most important position in the nation and should be considered as such. Under all circumstances, the VP should be considered and
approved by the Consuls and given a tie between the Consuls in a public approval poll. For the proper procedure I propose the following amendment:


2. Vice President - Assistant to the President. He/she may take over the President's tasks when the President is absent. If the President should be removed from office for any reason the Vice President will then take the position of President and appoint a Vice President. The Vice President must be approved by a majority of the consuls, if the Vice President DELETE is appointed mid-term.ADD is contested in a Consular tie vote, the Vice President nominee is put up for a public approval poll
Click to expand...

By the way, I may need to reconsider my signature again,
 
I see no question in your post provo, you just have things that should happen to the rules. The judiciary may not create new rules, only interperet old ones.

I will however not decide merit for this JR yet, as we need to finish our judicial procdures.
 
However, that means that the VP appointment has to be suspended until the JR is complete, or the Judiciary will lose a lot of respect. I removed my Kangaroo Court signature, but may add it again as a reminder.

I also added in the question.
 
Provolution said:
However, that means that the VP appointment has to be suspended until the JR is complete, or the Judiciary will lose a lot of respect. I removed my Kangaroo Court signature, but may add it again as a reminder.

I also added in the question.
Click to expand...
no, innocent unless proven guilty...
 
Black Hole, the person is not even a citizen, thusly not protected by the courts, be certain you do not wall yourself in here.
 
I would like to bring forth the Judicial Procedures:
1. The Judiciary is comprised of three members, the Chief Justice, the
Public Defender, and the Judge Advocate.

2. All members of the Judiciary shall share certain rights and
responsibilities.
A. Discuss the Court Procedures, as composed by the Chief Justice,
in a most constructive way, and ratify when reaching consensus.
B. Post polls and discussions on interpretations of the Constitution, and
any lower laws.
C. Do not have Deputies, but may appoint Pro-Tem officials
(Pro-Tem CJ, Pro-Tem PD, and Pro-Tem JA) if they are unable
to fulfil their duties.
Pro-Tem officials have all the rights and responsibilities of the
officials they are filling in for, but are a temporary position, and
must surrender their pro-tem status upon the request of the official.
The pro-tem status may be given for individual assignments or for the
entirety of the official (this must be declared).
D. Initiate and participate in Judicial Reviews to determine the legality
of proposed Constitutional Amendments and any other form
of lower law. Any citizen may request a JR for this purpose.
E. Initiate and participate in Judicial Reviews (JRs) to interpret and
clarify existing Constitutional Articles and any other form of lower
law. Any citizen may request a JR for this purpose.
F. Initiate and participate in Judicial Reviews to examine whether
or not all investigations should be considered as having "No Merit".
G. Post Legislative polls that have passed Judicial Review.

3. The Chief Justice ~
A. Performs as needed in the positions of Public Defender and Judge
Advocate in the absence of either official. This duty shall only apply
if said officials have not appointed a Pro-Tem official.
B. Is responsible for posting the current Active Census in the Judicial
thread at the beginning of the Term.
C. Is responsible for updating and maintaining the Judicial Log.
D. Is responsible for monitoring investigation threads to keep them on
topic and procedurally accurate.
E. If the situation arises where the actions of a Leader (Advisor) of a
Department fall within the parameters of being absent from a position,
as set forth by CoL Section G.3, the Chief Justice may declare said
Office vacant.

4. The Public Defender ~
A. Is tasked with ensuring all Citizens’ Complaint investigations are
performed correctly, with deference to the presumed innocence
of the accused.
B. Will ensure that the accused understands the charges brought
against him and what rules were purportedly broken so the accused
can mount an effective defence.
C. Will perform as defender, unless the accused wishes otherwise.

5. The Judge Advocate ~
A. Is tasked with the mechanics of Citizen's Complaint investigations
and trial.
B. Will open and close discussions and polls as appropriate to the trial.
C. Will perform as Prosecutor (gather and present evidence) for any
anonymous accusers.

6. All Judicial Review and Investigations will be held publicly. Public
communication between the Justices will be posted in the Judicial thread
or the Investigation threads.

7. Judicial Review
A. A quorum requires the attendance of all three members of the Judiciary.
B. Review of proposed legislation.
1. Any member of the House may present proposed legislation to the
Judiciary after following procedure for proposing amendments and
laws.
2. The request will be included in the Court’s Docket.
3. 2 of 3 Justices must agree that the amendment or law does not
conflict with existing rules.
4. If a proposal is rejected due to conflict(s), it is returned to the
House with details of the conflict(s) noted. This proposal may then
be edited and resubmitted for Review.
5. If the proposal is approved through Judicial Review, it is posted as
a ratification poll by a member of the Judiciary.
C. Interpretation and clarification of existing Law.
1. Any member of the house may request a Judicial Review for
interpretation or clarification of an existing Law. The existing Law
must be clearly stated in the request.
2. The request will be included in the Court’s Docket.
3. The Chief Justice has the right to dismiss a Judicial Review,
if the Chief Justice deemes a Judicial Review to have "No Merit".
i. Specific reasoning must be given by the Chief Justice for a
judgement of "No Merit".
ii. If the Judge Advocate and the Public Defender believe that the
Judicial Review has merit, while the Chief Justice dismissed a
Judicial Review, the Majority Opinion will be followed.
4. Anyone, including justices, may request the Judicial Review to receive
a thread in the Citizen's Forum. This thread will be posted by the
Chief Justice.
5. 2 of 3 Justices must agree on the interpretation or clarification,
forming a Majority Opinion.
6. The interpretation/clarification is then entered into the Judicial
Log for reference.
D. Dismissal of Investigations deemed as having "No Merit".
1. 3 of 3 Justices must agree that the accusation shows "No Merit".
2. Specific reasoning must be given by each Justice for a judgement
of "No Merit".

8. Citizen's Complaint
A. If any citizen believes that someone has violated an Article of the
Constitution or any other lower form of law, they can report this
suspected violation for investigation and trial.
1. The allegation can be posted in the Judicial thread.
2. The allegation can be made privately to the Chief Justice via
Private Message.
B. Allegations of misconduct must include:
1. Name of the defendant.
2. The Article(s) or lower Law(s) suspected of being violated.
3. When and where the suspected violation(s) occurred.
C. The Citizen's Complaint will be included in the Court’s Docket.
D. The Judge Advocate notifies the Public Defender and the accused
of the charge(s).
E. A brief Judicial Review of the charge(s) is done (see 7.D above)
to determine if the charges have "No Merit".
F. If the charge(s) are found to have "Merit", the Judge Advocate
opens an Investigation thread detailing the alleged violation(s).
1. The first two replies to this thread are reserved for the Public
Defender and the accused to respond publicly to the charge(s)
(Defence). Either may post first, and both may say what they wish
(within forum rules). If their replies/responses have not been
posted within 24 hours of the thread's posting, they lose these
reserved spots and anyone can post.
G. Citizens can post in this thread their opinions on the charge(s),
whether they think the accused is guilty of the infraction or not, and
if the case should go to Trial.
H. If the accused pleads guilty, the Trial is skipped and the case moves
to the Sentencing Process. The Chief Justice may close the
investigation thread early if this occurs.
I. When discussion has petered out and at least 48 hours have passed,
the Judge Advocate will post a Trial poll.
1. The Trial poll will have the Options of Guilty, Innocent and Abstain
and will remain open for 48 hours.
2. In the event the Trial poll ends in a tie, the members of the
Judiciary will determine if the defendant is innocent or guilty by
posting independent and clear Opinions at the end of the Trial poll.
J. If the accused is found guilty through the Trial poll, a Sentencing poll
is posted by the Judge Advocate.
1. The Sentencing poll will remain open for 48 hours, and have the
following Options:
i. Recommended Moderator action - turned over to the Moderators.
ii. Impeachment from Office (if applicable)
iii. Final Warning (whether or not a prior warning has been given)
iv. Warning
v. No Punishment
vi. Abstain
2. If the guilty party has previously received a final warning for the
current offence, the Judge Advocate will post that in the Sentencing
poll narrative.
3. Once the poll has been closed, the Chief Justice shall determine the
sentence for the accused.
i. Each vote shall be determined as a vote for the option selected,
and all less-severe options.
ii. The sentence selected shall be the most severe sentence that a
majority of the citizens supported.

Example:Option A- 4 Votes
Option B - 12 Votes
Option C - 13 Votees
The sentence carried out is option B.

Option A has 4 total votes.
Option B has 16 total votes.
Option C has 29 total votes.
A total of 29 citizens voted, making Option B is the most severe
sentence that a majority of the citizens support with a total of 16
votes in support and 29 votes overall.
4. In the event the Sentencing poll ends in a tie, the members of the
Judiciary will determine the Sentence by posting independent and
clear Opinions at the end of the Sentencing poll.
5. The guilty party must abide by the sentence as determined in the
Poll by the Chief Justice.

K. The Judicial Log may be referenced for further interpretation or
clarification, but may not be used for criteria for review of proposed
legislation.

L. For any Judicial Review ruling or issue involved with a Citizen Complaint,
each Justices must post independently their opinion on the matter. In
essence, they must answer the question asked by the Judicial Review
in a Yes or No fashion (have "Merit" or "No Merit" also applies here).
Specifically, there will be no "fence-riding". Each Justice will come down
on one side of the issue or the other, clearly.
Click to expand...

Notes:
This is very close to term 6 procdures, these will be changed later, depending on how discussion goes
Anonymous CCs may still be filed, waiting for more discussion before changing this.
I have yet to add in a remedy option for CCs, as this needs to be discussed

I approve of the Judicial Procedures
 
Provo: I suggest you cite an article with your JR. Once the procedures are approved by ravensfire and Ashburnham, I will rule your JR to have no merit, since a law must be specified.

We will worry about donsigs rights when the JR starts, if it starts... Until then he will remain Vice President, because there is no law saying that an elected official has to be a citizen.
 
HAhaha, now you made my day Black Hole, now I go into the legal Skunkworks here, see you in the threads.
 
Provolution said:
HAhaha, now you made my day Black Hole, now I go into the legal Skunkworks here, see you in the threads.
Click to expand...
sorry provo, I dont like to follow uncited laws, I know it sounds very strange, but that is the way it is.
 
Mr. Chief Justice,

The Office of the Public Defender has reviewed your procedures. We agree with them as presented.

-- Ravensfire, Public Defender
 
Black Hole, I added the requested Article, and when I am at it, I will try to improve the remainder of the constitution.
 
Provo - FYI, the discussion about amendments need to go in a new thread in the Citizens forum, not in a JR request.

-- Ravensfire
 
Well ,, the JR is still valid, as I cited the Article and asked questions, you are free to ignore the amendments, which I am certain is not well greeted by the Judiciary.
I will repost the amendment in the citizen thread.
 
a question provo:
if donsig registers will you dismiss the JR, or are we going to have to go through with it?
 
We have to shape up our legislation, the constitutional flaws are still there to be repaired.
I also suggest we delay the appointment to Mid Term, which is 15 of March, and make the Consuls approve the VP according to constitution in such a situation.
Remember, a JR is to improve a law, not to find any culprits, I did not file a CC and would never dare to with this constituency.
 
You know, I don't think there is even a JR here. No where does it say the VP has to be registered :p. Provo, why don't you just make an amendment that says all offices must be held by citizens or something like that?

The Judiciary can't try someone for a law that doesn't exist, they can't stop the executive branch from doing something that isn't prohibited.

If it were the case that we had a ratified constitution and such, then this would have JR merit, but we don't. This kind of thing doesn't really require a JR either, Donsig can resign, go and sign up in the citizen registry, and be reappointed, since VP isn't an elected position.
 
Blackheart, not needed to campaign against me. I found a flaw in the law, and presented a JR seeking to fix it. DS and Donsigs mistakes are small issues compared to the big black hole in the law.
 
Provolution said:
Blackheart, not needed to campaign against me. I found a flaw in the law, and presented a JR seeking to fix it. DS and Donsigs mistakes are small issues compared to the big black hole in the law.
Click to expand...

Edited the first post while you were typing, no campaigning...
 
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