Term 1 ~ Judiciary : Interpereting the Great Experiment!

ravensfire said:
I find this CC to have NO MERIT. The citizen was exercising this rights, as guaranteed by Article A of the Constitution.

-- Ravensfire, Public Defender
Click to expand...
agreed, the CC has no merit.
 
the original Review request:
mhcarver said:
1. What is the definition of "mid term"? this could mean several things such as an initial appointment being rejected, the position becoming vacant by resignation or absence or the appointment being made after the 15th or 16th of the month
2. If the Vice President is confirmed by the consuls is he/she still subject to a confirmation poll by a citizen? if so must that citizen wait until before or after the consuls have voted?
3. are Citizens appointed to positions such as deputy or Vice president immediately after elections subject to confirmation polls?
Click to expand...


Relevant Articles

CoL Section A
Code: 
    2.  Confirmation Polls
        a.  Confirmation polls are used in certain, specified 
            situations to challenge the decision of an elected official.
            Confirmation polls may be used only when explicitly allowed 
            by law.  Any citizen may create a confirmation poll, should 
            one not already exist.  This poll must be created within 24 
            hours of the appointment or decision, and ask the question 
            "Do you approve of the <description of decision>?", with 
            Yes, No and Abstain option.

CoL Section H
Code: 
    4.  Deputies
        a.  For all positions with deputies, the leader may appoint the 
            citizen of their choice as their deputy.

Constitution Article D
Code: 
            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.

I'll answer the questions in the order they were presented.

1. While the term "midterm" is mentioned several times in the Constituion and CoL, nothing firmly established what exactly the phrase means. However, all referrences to "midterm" suggest that the appointee is being appointed after an initial candidate was removed for some reason. Thus, a "midterm" appointment would be the second (or third, etc.) appointment of a term.

2. Though Col Section A.2a mentions "appointments" in its example of confirmation polls, there is currently nothing else in the books that suggests that deputy positions may be contested by citizens. As CoL Section H.4a states, officials may appoint any citizen they please.

3.The answer to #2 stands here as well.
 
Provolution said:
Honorable Judiciary

I want to file a Citizen Complaint, against, surprise, citizen Provolution, for filing an unnecessary Judicial Review and disturbing the common peace.
Click to expand...

This is quite the oddity...

I'm thinking, since we already have due process as part of the constitution, why not add in an amendment that prevents self discrimination in CCs and JRs?This would be modeled off of the US Constitution.

The reason the US Constitution has the 5th Amendment is because in American courts, it is up to the prosecutor to prove that the defendant is guilty beyond a shadow of a doubt, because all defendants are presumed innocent until proven guilty.

I find Provo's CC against himself creepy, does anyone else?
 
blackheart said:
This is quite the oddity...

I'm thinking, since we already have due process as part of the constitution, why not add in an amendment that prevents self discrimination in CCs and JRs?This would be modeled off of the US Constitution.

The reason the US Constitution has the 5th Amendment is because in American courts, it is up to the prosecutor to prove that the defendant is guilty beyond a shadow of a doubt, because all defendants are presumed innocent until proven guilty.

I find Provo's CC against himself creepy, does anyone else?
Click to expand...
split personality?
 
Acting as a citizen, I would like to present the following for Judicial Review.


Code: 
    4.  Deputies
        a.  For all positions with deputies, the leader may appoint the 
            citizen of their choice as their deputy.
CoL Section H.4a states that officials may appoint whomever they please to a deputy position. However, this conflicts with Article D.2 of the Constitution, which says that Vice Presidents are subject to approval from the Consuls.

Code: 
            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.

My question to my fellow justices is: Given the fact that Vice Presidents are in fact deputies, should they be subject to approval from the Consuls?

I know the approval is only necessary for mid-term appointments, but there is still an inherent discreprency in our rules. I look forward to the opinions of the court.
 
Article K of the Constitution posted in the Main DG6 Forum refers to the Nation of Japanatica. Who are they?
 
mad-bax said:
Article K of the Constitution posted in the Main DG6 Forum refers to the Nation of Japanatica. Who are they?
Click to expand...

That was the name of our nation in DG5. A bit of an oversight, nothing more.
 
Proposed law for Judicial Review
Code: 
Y.  Amending the Code of Laws
            
    1.  A Proposed Poll post must be posted in the discussion 
        thread for the amendment for 24 hours before submission 
        to the Judiciary for review.  This post must include 
        the current text and the proposed text.
            
    2.  Judicial approval of the Amendment.
            
    3.  A poll which is open for at least 96 hours, which states
        the text of the proposed section(s), the text of the
        section(s) being replaced and the posing the question
        in the form of Yes/No/Abstain.
                
    4.  To pass, the proposal must meet both of the following 
        criteria:
        a.  A 55% majority of all votes cast.
        b.  The total number of votes must exceed 37% of the census.
Change H.4 of the Code of Laws
from:
Code: 
    4.  Deputies
        a.  For all positions with deputies, the leader may appoint the 
            citizen of their choice as their deputy.
to:
Code: 
    4.  Deputies
        a.  For all positions with deputies, the leader may appoint the 
            citizen of their choice as their deputy.  [b]This appointment may
            be challenged by a confirmation poll.[/b]
-- Ravensfire
 
Proposed law #2 for Judicial Review:
Code: 
Article X.  The Census is defined as the average number of votes cast,
            dropping fractions, in each of the contested elections in
            the most recent general elections.  
            
            1.  Should more than 3 citizens request it within a 48 
            hour period in the Judiciary thread, the Chief Justice 
            will create a poll to determine a true Census.  The results
            of this poll will override any previous Census.             
            
Article Y.  As this is intended to be a living document, and can change,
            this Constitution may be Amended as outlined below.
            
            1.  A Proposed Poll post must be posted in the discussion 
                thread for the amendment for 24 hours before submission 
                to the Judiciary for review.  This post must include 
                the current text and the proposed text.
            
            2.  Judicial approval of the Amendment  
            
            3.  A poll which is open for at least 96 hours, which states
                the text of the proposed section(s), the text of the
                section(s) being replaced and the posing the question
                in the form of Yes/No/Abstain.
                
            4.  To pass, the proposal must meet one of the following 
                criteria:
                a.  A 2/3 majority of all votes cast.
                b.  A simple majority of all votes cast and the total
                    number of votes exceeds 60% of the Census.
-- Ravensfire
 
I find Ashburnham's JR has merit, and will be added to the docket shortly.
I also approve of the proposed legislature.
 
Chief Justice Ruling on JR#3
Questions asked:
mhcarver said:
1. What is the definition of "mid term"? this could mean several things such as an initial appointment being rejected, the position becoming vacant by resignation or absence or the appointment being made after the 15th or 16th of the month
2. If the Vice President is confirmed by the consuls is he/she still subject to a confirmation poll by a citizen? if so must that citizen wait until before or after the consuls have voted?
3. are Citizens appointed to positions such as deputy or Vice president immediately after elections subject to confirmation polls?
Click to expand...

1. ravensfire has excellent wording here, basically after the first cycle
2. Deputies are not subject to a confirmation poll because it says confirmation polls may only be posted when explicitly allowed by the law, and there is no where that says that you can have a confirmation poll posted to confirm a deputy appointment.
3. Same thing as 2

2 % 3 should probably be fixed...

Also a note for future JRs, please have only 1 question... With 3 questions It is hard for me to make summaries and figure out what parts of the JRs us justices agree on.
 
*nobdazines walks in surrounded by his wise guys and consigleri, they are laughing like they have some personal joke* hey brownhole, and ya other Shysters hows things? hey the guy in charge "city and unit naming" donovan zoi, he anit been seen around here lately? and i think its yous guys job to fix that problem, capice.

.....................................
Greets honrable judges, i have come here to note to you people that donovan zoi has been absent as for 4 days and it is your responsability to declare him vacant. thanks in adavance- James Alistair Nobody the 3rd.
 
Nobody said:
*nobdazines walks in surrounded by his wise guys and consigleri, they are laughing like they have some personal joke* hey brownhole, and ya other Shysters hows things? hey the guy in charge "city and unit naming" donovan zoi, he anit been seen around here lately? and i think its yous guys job to fix that problem, capice.

.....................................
Greets honrable judges, i have come here to note to you people that donovan zoi has been absent as for 4 days and it is your responsability to declare him vacant. thanks in adavance- James Alistair Nobody the 3rd.
Click to expand...

My good sir, might I remind you, and your companions, that weapons of any type are certainly not permitted in the Court. And the suit on that one is as offensive as his breath!

Also, the citizen you mention doesn't hold an office, but is an aide to the President. As such, you'll need to discuss matters with him. Good day, gentlemen!

--------------------
Nobody, DZ is appointed to a non-elected office to help the President. You'll need to talk to DS on that one.

-- Ravensfire
 
Majority Opinion
The justices agreed that donsig's appointment was invalid. Thus you must be elected to become a deputy. However 2/3 justices mentioned that the President may wait for the person in question to register, and then reappoint him.
Click to expand...

It should read "appointed" instead of "elected".
 
Trying to catch up from a busy weekend ...

After review, Strider's proposed legislation does not violate any existing laws and should be submitted to the people for acceptance.

After review, Ravensfire's proposed legislation does not violate any existing laws and should be submitted to the people for acceptance.

Chief Justice Black_Hole, if you wouldn't mind, could you post a summary of outstanding judicial matters for Ashburnham and I, so we'll know what's out there still. I've been a bit overworked of late, and haven't kept track of matters.

Thanks!
-- Ravensfire, Public Defender
 
Please review this proposed addition to the Code of Laws.
Discussion thread

Code: 
C.  Chain of Command
    1.  The Chain of Command will be as follows:
        a.  President
        b.  Vice-President
        c.  Consul for Domestic Policy
        d.  Consul for External Policy
        e.  Consul for Cultural Policy
        f.  Consul for Resources and Technology Policy
        g.  Commander of Armed Forces
        h.  Director of Commerce
        i.  Director of Infrastructure
        j.  Director of Expansion
        k.  Governors (by order of province founding)
        l.  Chief Justice
        m.  Judge Advocate
        n.  Public Defender
        
    2.  If the current Designated Player cannot start the game session
        in a timely manner, or cannot continue, the next official in 
        the chain command may take over duties of DP.  
        
    3.  For the purposes of playing the save, the Judiciary is not
        considered part of the Chain of Command.

-- Ravensfire
 
I find ravensfires proposed legistlation(above this post) does is valid, and may move onto ratifacation.
Expect me to catch up on the other JRs within a few hours.... And I will attempt to figure this mess out...

I also find striders legislation to be valid, however ravensfires articles will be ratified first, because they determine how other articles are ratified...

P.S. I believe I have ruled on all JRs except #4(ashburnham asking question about vice president being subject to consul vote)
 
 
Question withdrawn
 
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