Moderator eyrei, as a citizen, has requested a Judicial review. He has included his question within his request, stated below:
I would like to request a judicial review on whether the FA department has the authority to give the instruction that the turn chat should be stopped if we make a contact, when no poll has been posted on the matter.
As for the Law in question, eyrei has chosen CoS Section F.9, which is a Standard. In accepting this Request for a Judicial Review, this Court will be setting precedent for the rest of the game (DGIV), in that legislation from the CoS will be accepted pertinent and allowable for Judicial Reviews. Not only for Requests of Judicial Reviews, but in Rulings and Decisions in Judicial Reviews.
Hence, eyrei's Request - "In light of CoS Section F.9, does the Foreign Affairs Department have the authority to give Instruction to the DP to stop the Turn Chat when new contact is made, when no poll has been posted on the matter?" has been accepted.
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The Term 1 Judiciary has produced a Majority Opinion for DGIVJR10. There is no Minority Opinion.
The request for this Judicial Review (JR) asked the Judiciary examine the legality of a Minister posting Instructions for the DP to stop the Turn Chat if certain conditions arose, without first having run a poll.
eyrei's Request - "In light of CoS Section F.9, does the Foreign Affairs Department have the authority to give Instruction to the DP to stop the Turn Chat when new contact is made, when no poll has been posted on the matter?"
Because of the scope of the issue that this question covers, this Court had to go beyond the single law that eyrei stated above. The answer to this question would certainly entail circumstances well beyond just the Foreign Affairs Minister. It would envelop any Department Minister in posting legal Instructions for the DP. Therefore this Court found it necessary to review a myriad of different legislation, high and low, to justify an answer. We also took into consideration DaveShacks comment in the Public Discussion for the JR, about the permissive and restrictive nature of the language.
I wont list all eight rules here that were discussed by the Judiciary, but I will try to present the key rules used to form this Opinion. I will start off with the Constitution and work my way down.
Article D - The Executive branch is responsible for determining
and implementing the will of the People. It is headed
by the President who shall be the primary Designated
Player. The President shall take direction from a
council of 4 leaders and from other elected and appointed
officials via the Turnchat instruction thread.
This Article of the Constitution plainly states, of course, that the President/DP will abide by the Instructions given them by our Ministers.
Article D.2. The Minister of Foreign Affairs shall be responsible
for matters involving treaties with foreign nations,
as prescribed by law.
Part of the same Article, this verbiage states the Foreign Affairs Minister is, by all means responsible for the Affairs of the Nation in regards to foreign entities.
Article J. Elected officials must plan and act according to the will
of the people.
This is difficult prose to define, but basically understood by all. This was a key issue in the Opinion.
CoL I.1 and CoS D.1 basically state what a legal Instruction is and that all Instructions to be played out in the Turn Chat will be posted in the TCI thread.
And finally, CoS F.9. The Designated Player retains the right to end the turn chat at their discretion.
Here we applied DaveShacks comment on the permissive wording and intent of the Standard. We took this legislation at face value, in that the DP does retain the right to end the chat at their discretion. Beyond this implication that it is not an exclusive right of the DP, or that this right may be taken away from others, this allows the DP the ability to end the chat at the Instruction of a Minister.
With all of the different facets of law above reflecting the different points of view in many areas of Gameplay, this Court found that DGIVJR10 was one of the most difficult and time-consuming Judicial Reviews to date. After much debate and tossing about of ideas, this Court unanimously agreed that a Council Minister can indeed instruct the DP to stop the chat, if conditions arise that require forum discussion. This Opinion also states that the Minister should have due cause for such an Instruction, as they are putting themselves at risk of a Citizen Complaint if they cannot show verifiable backing of the People. This backing may not have to be in the form of a poll, but it should at least be favorable discussion on the subject matter with little dissent.
Final Decision: Any Minister may give Legal Instruction to the DP to stop a Turn Chat if circumstances arise and citizen approval justify such an Instruction. If either one of these matters are not present, the Minister who gives such an Instruction is at risk of a Citizen Complaint.