Term 4 - Judiciary: The 4th Time is the Charm

T3-JR1 was closed, with a ruling that the Minister of Internal Affairs has the authority to post instructions on changes of government. That ruling didn't make it into the judicial log for some reason.
 
That is because I monumentally screwed up on that and many other issues during my term. I sincerely apologise for it and will spend the next few terms sitting in the corner facing the wall. I have been absent for the last fornight at least, due to the effects of the world out there. I hope I did not mess it up too much for everyone and if I did feel free to whip me through the streets of DR or start a public stoning thread.

Regards
 
Originally posted by Peri
That is because I monumentally screwed up on that and many other issues during my term. I sincerely apologise for it and will spend the next few terms sitting in the corner facing the wall. I have been absent for the last fornight at least, due to the effects of the world out there. I hope I did not mess it up too much for everyone and if I did feel free to whip me through the streets of DR or start a public stoning thread.

Regards
Click to expand...

I think a more fitting punishment would be to put you back on the bench. :eek:
 
Discussion has been reopened on several of the pending cases from prior terms. I have suggested to citizens that it would be a good idea to comment within the next 2-3 days. After that point if there is no continuing discussion we should think about closing debate (again) and an expedited ruling.
 
Originally posted by DaveShack
T3-JR1 was closed, with a ruling that the Minister of Internal Affairs has the authority to post instructions on changes of government. That ruling didn't make it into the judicial log for some reason.
Click to expand...

I then ask is it an official ruling? It has not met the requirements set forth in CoS M.1.c.3. However, considering our ruling JR 1 of this term, can I complete the process of CoS M.1.c.3 already begun by a prior term?
 
donsig has stepped up to act as the prosecution in this case. Chieftess has asked for a volunteer to act as the defense. Please post or PM me if you are interested.
 
Please disregard - my apologies.

-- Ravensfire
 
donsig has stepped up to act as the prosecution in this case. Rik Meleet has asked for a volunteer to act as the defense. Please post or PM me if you are interested.
 
Please conduct a Judicial Review of the Fanatican Sunshine Law. Please use the text noted Final Proposal.

Thanks,
-- Ravensfire
 
I wish to start a CC for ranvensfire for not creating a Term 4 Internal Affairs thread.

Code: 
Code of Standards(Sections A - G)


2.  Government Sub-forum - Government related information     
    a.  Government Thread Index (all branches) (sticky)
    b.  Offices Index (appointed/created positions) (sticky)
    c.  City Index and Registry (sticky)
    d.  Creative History Department (sticky)
    e.  Creative History Department - Storyline (sticky)
    f.  Senate 
    g.  [b]Government Threads[/b]
 
Originally posted by Chieftess
I wish to start a CC for ranvensfire for not creating a Term 4 Internal Affairs thread.

Code: 
Code of Standards(Sections A - G)


2.  Government Sub-forum - Government related information     
    a.  Government Thread Index (all branches) (sticky)
    b.  Offices Index (appointed/created positions) (sticky)
    c.  City Index and Registry (sticky)
    d.  Creative History Department (sticky)
    e.  Creative History Department - Storyline (sticky)
    f.  Senate 
    g.  [b]Government Threads[/b]
Click to expand...

Read the Presidency thread CT - I have resigned.

-- Ravensfire
 
Then who's Internal Affairs?


*looks at Bootstoots*...

Ok then, I request a CC against Bootstoots for not appointing an IA leader.

Code: 
Constitution of Fanatica

Article G.  All elected positions shall have a fixed term. All vacant 
            elected positions shall be filled by appointment of a 
            citizen to fulfill the remainder of the term.

CoL H.1
H.  Vacant Positions
  1.  Leader positions that remain unfilled after an election 
      shall be filled via appointment by the President.

And I have a question... Why do we have 2 sections in the laws that essentially say the same thing? :confused:
 
CoL H.1 and Article G I believe refer to positions that remain unfilled as a result of an election. CoL H.3 states:
Code: 
3.  Leader positions that become vacant mid-term shall be 
      filled by appointing the deputy for that position as 
      Leader.
No provision is made for leaders who have not appointed a deputy. CoL B.1.b states:
Code: 
 b.  Each department shall have a deputy.
Therefore, ravensfire violated this part of the CoL.

I posted a thread on appointing an IA minister, however I doubt that it is valid. To clarify this point, I hereby request a judicial review, calling into account the laws cited, asking if the President is empowered to appoint a leader if there is no deputy.
 
The lower books must comform to the constitution. In other words, if the constitution says to do something then the CoL or CoS cannot say that something cannot be done. Article G says that vacant positions shall be filled via appointment. Step up to the plate Mr. President and appoint someone already. That would be much more productive than giving the court more CC's to deal with.
 
The constitution says that the position must be filled by appointment, however it does not say who must make the appointment. I will, however, appoint somebody if there is a person interested in filling the position, but I will leave it up to the court to determine whether my appointment is valid or not.
 
T3 JR 3 - Proposed CoS Amendment had passed Judicial Review. A poll has been established here
 
Request for Judicial Review

Please determine if this post is a valid, legal instruction under Section I of the CoL, Section I of the CoS and Section C.1.b of the CoL.

Although the idea is admirable, and I support it, I am strongly opposed to the Governor of one province creating instructions that bind Governors of other instructions. This is far outside the responsibilities of the Governor. The poll used to justify this should have been labeled an Informational poll, as the matter under consideration was not totally within the duties of the Governor. This is in direct contrast to the polls used by the MIA in the previous term for Wonders. Wonders are explicitly within the duties of the MIA, and thus instructions may be issued for them.

Citizen participation is good, and key, but this goes beyond that.

I apologize for the length of this request, but I will be out of town for several days starting tonight, thus must include my arguement. I pray it is found persuasive. The poll for this also includes some remarks from me on this matter that, if possible, should also be considered by the Court.

My thanks, as always, to the Court.
-- Ravensfire
 
Ravensfire asks a very good question on which I would like to elaborate:

Was it legal to post the poll in question?
Was it legal to post the post in question in the turnchat instruction thread?
Was it legal for the President/DP to follow the instructions?
Where they contradicted instructions of a governor not present in the turnchat?
Where they contradicted instructions of a governor present in the turnchat but not complaining?
Where they affected cities for which the responsible governor failed to give instructions?

Note: I have adopted the habit of posting in dark blue when I post as governor. I did not do this for either the poll nor the post. Thus I spoke as a citizen. I was not as governor intruding in other governors' competencies.
Please look also at the turnchat log:
[16:30:54] <+tao> Question? What has priority: queues by the governors or by The People's poll decision?
[16:31:10] <!Chieftess> Probably people's poll decision.
 
Originally posted by Chieftess
Then who's Internal Affairs?


*looks at Bootstoots*...

Ok then, I request a CC against Bootstoots for not appointing an IA leader.

Code: 
Constitution of Fanatica

Article G.  All elected positions shall have a fixed term. All vacant 
            elected positions shall be filled by appointment of a 
            citizen to fulfill the remainder of the term.

CoL H.1
H.  Vacant Positions
  1.  Leader positions that remain unfilled after an election 
      shall be filled via appointment by the President.

And I have a question... Why do we have 2 sections in the laws that essentially say the same thing? :confused:
Click to expand...

Which, if any, of these CC's do you want to continue with?
 
Ravensfire's 2 JR requests have been added to the docket.
 
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