Term 2 - Office of the Judiciary, The Fanatikan Rule of Law

[Danke]

There are a few areas in our laws that affect the formation of polls in general, and specifically official polls. Without quoting verbatim, the Constitution guarantees the Right of Free Speech, the Code of Laws defines free speech to include the right of any citizen to post a poll, and the Code of Standards defines the steps necessary to make a poll official.

While there are conventions that must be met for a poll to be official, nowhere does it state that an official poll *must* be created by a leader, however any poll that is created by a leader is deemed official unless stated otherwise.

One could make the argument that there is implied in this statement the reverse that any poll *not* created by a leader is *not* official, but I cannot support that interpretation, even if that was the intent of the creators of the law as it violates the spirit of the Code of Laws and the constitutional right to free speech, and does so in a manner that would have the Code of Standards supercede our other laws, also a no-no.

Sorry Shaitan, I have to say that anyone can post an official poll.

 

[Shaitan]

@Bill - Of course I'm trying to influence the Judiciary. That's what lawyers do for a living!

Seriously though, I wanted to make clear what the original goal was because this particular area of the law went through several revisions, was hotly debated and took quite some time for a consensus to be reached.

@Danke - Correct. As I said, the rules were specifically framed so citizens could write binding polls. The mandate was given to the Leaders to give them the stronger claim to writing the binding polls. Where there is a conflict, the Leader's poll overrules the non-Leader's poll. This was necessary so multiple polls on the same subject could be struck in favor of the one with the greatest claim (the Leader's poll). Otherwise, any time a poll turned out in a manner someone didn't like they could put up another one designed to overrule the first one.

 

[Octavian X]

Perhaps I should start posting my opinions as a former judge.

An even better way for me to get on the judiciary's nerves

 

[disorganizer]

Maybe a strange idea, but what about if one of the members of the judicacy would be at the turnchats? Or maybe one of the pr-office?
Why:
Because maybe some judical questions arise, and maybe some polls must be evaluated to take decission there. This way the DP could be pretty sure to not break a law without noticing.

 

[Danke]

Sorry dis, my schedule simply doesn't allow me to attend. This might be something you want to emphasize in the next round of elections, if you feel it is important.

 

[Bill_in_PDX]

MODERATORS ARE NOW ELIGIBLE FOR ALL GOVERNMENT OFFICES

The change to the Code of Laws has been passed by a 73% approval rating (Quorum and 67% is required). Shaitan has been notified and will update the CoL.

Bill
Chief Justice

 

[donsig]

I'm afraid I cannot post my review of the polling question tonight. This issue requires careful consideration and a thourough reading of the Three Books. I hope to have an opinion posted tomorrow.

 

[Cyc]

There is a Confirmation Vote here, to confirm Shaitan to the appointment of Deputy Governor of Bohemia. PLEASE VOTE!

 

[disorganizer]

i request closure and reposting of the poll:
http://forums.civfanatics.com/showthread.php?postid=560655#post560655

again, the poll was not properly posted as not all discussed proposals were setup as options of the poll.

i request the judicacy to invalidate that poll because of the above reason as the impartiality of the posted poll options in not given any more.

 

[Stuck_as_a_Mac]

I request a judicial review over the alegations. If it is found to be invalid, i will close it.

 

[donsig]

Section F.3 of the CoS deals specifically with official polls. Part A sets the quorum and part B defines the format of an official poll. This section offers no restrictions on who can post official polls.

Section F.5 automatically makes polls posted by leaders official unless said polls are specifically designated as informational.

Since Section F.3 is silent on who can post official polls we must look to the CoL and Constitution for guidance.

Section A.3.D of the CoL makes it legal for citizens to post polls on any topic. It offers no restrictions on, nor does it even mention, official polls.

The Constitution is also mute on official polls but does guarantee freedom of speech (article A). It also mandates that leaders must follow the will of the people (article J).

Given:

1) the absence of explicit CoS restrictions on the posting of official polls by citizens,

2) the CoL acknowledgement that citizens can post polls on any topic, which would include those topics within the domain of department leaders, and

3) the fundamental constitutional right of free speech and the constitutional guarantee that the will of the people will rule,

it is my opinion that citizens can post polls that are official, assuming said polls adhere to the format laid out in section F.3 of the CoS.

 

[Bill_in_PDX]

Chief Justice Opinion

Official Polls

I thank both the Public Defender, and Judge Advocate Pro Tem for their opinions.

I think I have made it obvious through other comments in poll threads where my thoughts on this topic are.

I believe that the constitutional guarentee that allows our citizens to poll without restriction as to topic: "Citizens may create polls on any topic. ", would allow a citizen to post an official poll.

As noted by the Public Defender, any restrictions implied by Code of Standards, Section F.5, (where official polls by default for leaders is noted), would be overriden by definition of the law, as the rights spelled out directly in the Constitution, Article A, and defined in Code of Laws, Section A clearly lay out rights guarenteed to the citizenry, and the Code of Standards can never override the Constitution or Code of Laws.

As noted by the Judge Advocate - Pro Tem, such official polls must adhere to all requirements noted in Code of Standards, Section F.

I feel that further discussion as to the future of this law is warrented, however, for now, the right of all citizens to properly post official polls is confirmed by a 3-0 vote.

Bill
Chief Justice

 

[Bill_in_PDX]

Originally posted by Stuck_As_a_Mac
I request a judicial review over the alegations. If it is found to be invalid, i will close it.

Chief Justice Opinion

My opinion is that the poll is valid.

As always, I would have preferred that the duration be noted, and the poll properly posted, but I find that SaaM corrected this data within the thread itself.

Finally, dis, I think that the data that tipped the scaled in SaaM's favor was the knowledge that he had a passed poll already advocating the position properly referenced, as well as your discussion thread and others. The data from the first poll, and the overwhelming passage of that position in the second poll is more that adequate to satisfy SaaM's burden to be responsive to the will of the people.

It is not necessary for a leader to post every idea submitted into a poll, and frankly I found your ideas dis to be pretty darn good, but the end results in this case clearly demonstrate that SaaM correctly identified the majority opinion.

Bill
Chief Justice

 

[Eklektikos]

A poll on Fanatika's future direction has been posted.

 

[Danke]

Just a quick note to announce that while I will fulfill my duties through the end of the term, I will not be seeking re-election to the judiciary for Term 3. November is going to be a killer month for me and I don't see a way to do the job justice (so to speak )while meeting my other commitments.

Thank you everyone, and in particular Bill, for making this job so immensely rewarding.

Danke

 

[Bill_in_PDX]

It is truely a loss that we will not have you sitting at the Judiciary table, Danke.

Whomever fills your shoes will need to have big feet indeed.

I hope that you will be able to stay involved with the game.

Bill

 

[Cyc]

This is very sad news for me, Danke. You were a true credit to the Judiciary and to the Government of Fanatika. I understand how R/L can intrude, and hope that you will soon be able to return to the political scene. All I can really say is...Danke.

 

[Danke]

Thanks guys. I hope to return to an active role in Dec. In the mean time I will continue handling the census reports and at least try to keep up with events.

 

[Shaitan]

Term 3 thread