Judicial Review - Term 1 - DGIVJR6

[Cyc]

Judicial Review - Term 1 - DGIVJR6
Bill_in_PDX has requested the following Judicial Review:

In accordance with Code of Standards, Article X, Section I, I call for the following Judicial Review:

2) Question asked: Is the Judiciary subserviant to the Executive Branch, specifically the President?

Related Laws: Constitution, Article C, D, and F. Code of Laws, Article B, Section 1 (responsibility and authority of the President). Code of Laws, Article D, all sections (respnsibilities and authorities of the Judicial Branch)

Clarification: Twice in this discussion/government (definition to be determined above) thread our President has implied that he can dictate what is, and is not appropriate actions by the Judicary, and what commentary is allowed, in their own thread. The most recent being a "Presidential Demand" that intended to dictate to citizen and Judiciary member alike what is, and is not appropriate.

It is my understanding that in our three branch government system the Executive Branch can make no such demands on another Branch of government. Further, the Constitution mandates that our government follow the will of the people, and as such the President cannot be allowed to attempt to stifle that discussion, or direct in ways that he or she sees fit.

I add at the end that I asking for this as a matter of law and proceedure with an eye on the future, when someone not as benevolent as Rik may hold the position. This is not an indictment of our President and his attempts to get the game on track, which I fully support.

Thank you in advance to our esteemed Judical members for their time and consideration of these questions.
________________________________________________

The following Section of the CoS, Section X.1.III governs this Citizen’s Discussion.

II. Public Discussion
A. The Chief Justice shall create a new thread in the Citizen’s Forum
entitled “Judicial Review – Term <term number> - Request <request number
for that term>”
B. The first post shall contain the formal question and law involved
1. The Chief Justice may rewrite the question so long as the meaning
is not altered. Any changes should be discussed with the requestor.
C. All Citizens are then invited to discuss the question.
D. Justices are to post questions, but not conclusions.
E. Discussion continues until the Chief Justice declares arguments over.
1. The Associate Justices may overrule if they both agree to do so. They
may also declare halt to arguments if they both agree and Chief Justice
is not willing to end the discussions.
________________________________________________

Article C, D, and F of the Constitution read as follows:

Article C. The government will consist of the Executive Branch,
Legislative Branch and Judicial Branch.

Article D. The Executive branch is responsible for determining
and implementing the will of the People. It is headed
by thePresident 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.
1. The Minister of Internal Affairs shall be
responsible for all domestic and cultural
initiatives, as prescribed by law.
2. The Minister of Foreign Affairs shall be responsible
for matters involving treaties with foreign nations,
as prescribed by law.
3. The Minister of Defense shall be responsible for all
military strategy and troop activities, as
prescribed by law.
4. The Minister of Trade and Technology shall be
responsible for all tech acquisition and trade
initiatives, as prescribed by law.

Article F. The Judicial Branch will consist of one Chief Justice
and two Associate Justices. These three justices are
tasked with upholding the Constitution and its supporting
laws (if any) in a fair and impartial manner as prescribed
by law. The Chief Justice shall have the additional
responsibility to organize and conduct the affairs of the
Judicial Branch.
_________________________________________________

CoL B.1 reads as follows:

B. The Executive Branch
1. Presidency
a. The Leader of the Executive Branch is the President.
b. The Deputy of the Presidency is the Vice President.
c. Is responsible for determining what to do with Great
Leaders.
d. Is responsible for worker activities.
e. Is responsible for policies, plans and agendas for
departments when these have not been set by a
department.
f. Is responsible for policies, plans and agendas for
items and activities that have not been defined as a
task of an individual department or leader
________________________________________________

Bill_in PDX referenced Article D of the Constitution as being the respnsibilities and authorities of the Judicial Branch. When this legislation was moved to this Constitution from the DG2 Constitution, it was changed from Article D to Articl E. Rather than go through the time consuming process that we did in DGIVJR4, I've just gone ahead and corrected the situation.


Article E of the Constitution reads as follows:

1. The judiciary is comprised of three members, the Chief Justice, and 2 Associate
Justices

2. All members of the judiciary share several rights and responsibilities.
A. Do not have Deputies but may appoint Pro-Tem officials if they are unable
to fulfill their duties. Pro-Tem officials have all of 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.
B. Participate in Judicial Review to determine the legality of proposed
amendments, laws and standards.
C. Initiate and participate in Judicial Review to interpret and clarify
existing amendments, laws and standards.
D. Participate in Citizen Complaints.
E. Post Legislative polls that have passed Judicial Review.

3. The Chief Justice
A. Is responsible for posting the current census at the beginning of each
term.
B. Is responsible for updating and maintaining the Judicial Log.
C. Is responsible for monitoring investigation threads to keep them on topic
and accurate.

4. Associate Justices
A. Aid the Chief Justice as requested.
_________________________________________________

Please abide by the code above and discuss your feelings on the issue at hand.

 

[DaveShack]

Our right to free speech grants every citizen the right to post pretty much anything which is appropriate according to forum rules. Such posting may include "demands" that others do as the poster says, but absent a law giving such demands force, the poster has no means to enforce them.

Speaking about setting limits on conversation, I would like to point out that this review appears to be on whether demands of the type alluded to in the JR request have any legal bearing. This is not a discussion about whether people should make such types of posts, or whether they can do so. It is only about whether there is or should be any requirement for targets of such demands to do or not do anything.

Some people might take that as a thinly veiled demand...

 

[Bill_in_PDX]

It is actually just a question in my mind as to if the President has any authority (not already in the law) to demand or require the judicary to do anything.

Secondly, does the President have any authority to restrict discussion or debate (no matter how good of an idea that might be).

I say NO, in no uncertain terms.

 

[ravensfire]

No, the Judiciary is not subserviant to any other branch. To be precise, no branch is subserviant to any other branch. In certain, limited circumstances, the branches have powers to influence or limit another branch.

-- Ravensfire

 

[Black_Hole]

If we all have free speech, we can post whatever we want as long as it follows forum rules, and no branch is under any others

 

[Cyc]

As Chief Justice, I am declaring Arguements Over. Hopefully, Private Discussion will take place on the matter later today.

I am asking the Associate Justices to respond to the PM with a confirmation of chat room time. Thanks in advance.

CJ Cyc

 

[Cyc]

A Majority Opinion on this topic has been posted in the Term 1 Judicial Thread.