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Term 4 ~ Judiciary

Discussion in 'Civ4 - Demo Game: Government' started by Black_Hole, Mar 30, 2006.

  1. Black_Hole

    Black_Hole Deity

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    requiring a specific law doesn't make it nonaccessible to any citizens, it just requires them to understand the law they are questioning before submitting a question
     
  2. ravensfire

    ravensfire Member of the Opposition

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    That's a barrier of entry for citizens. I'll be the first to admit that I used to have such a position, but have certainly changed my mind.

    I'm disappointed.

    Now, reread my JR and rule again.

    -- Ravensfire
     
  3. Black_Hole

    Black_Hole Deity

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    I find this JR to have merit and it will be added to the docket as JR12, a discussion thread will be opend soon.

    edit: here is the thread
     
  4. Black_Hole

    Black_Hole Deity

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    I'm not sure if you meant for this to be a judicial review. If it was, then I find it to have no merit because it is clearly stated in the procedures.
    Either way here is the article:
     
  5. Black_Hole

    Black_Hole Deity

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    I find this Judicial Review to have merit, and it will be added to the docket as JR13
     
  6. robboo

    robboo Deity

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    We need to clarify this part of our CoL. Section II states elected to the same office..what if they are appointed or run uncontested? Section III says after serving 2 terms.

    This seems to be a instance where our CoL is conflicting with itself. I think we should fixed one of these parts to make sure we do not have any problems in the future.

    I don't know if this qualifies as a JR or not, but it needs to be addressed. Also note that there was an opinion poll that showed the majority of the citizens are not in favor of Term limits. That poll could result in an amendment if the part that poll choses to do so.

    If I screwed up the proper request let me know and I will change my request...
     
  7. Black_Hole

    Black_Hole Deity

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    are you requesting a JR?
     
  8. robboo

    robboo Deity

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    I dont know..thats why I asked if this would qualify as a JR or not...

    IF it does then yes. IF not then what must I do to get this looked at.
     
  9. Black_Hole

    Black_Hole Deity

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    I find this JR to have no merit. There is no conflict in my opinion.
    Each of those statements is an instance in which a player can't hold the same office for 2 terms, they overlap some, but do not conflict.

    Most of the time you serve in an office where you were elected, so most of the time clause 2 is overlapped by clause 3, clause 3 states a term limit for any person serving in an office, which would include being appointed and such.

    If the other two justices disagree with my ruling on merit, the two together may overrule me.
     
  10. ravensfire

    ravensfire Member of the Opposition

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    Please review the following amendment, proposed poll is posted here. The only changes have been minor typos.

    Thanks,
    -- Ravensfire

    ----------------------------------

    This is a Citizen's Initiative poll for the amendment of the Code of Laws. The purpose of this amendment is to clarify the process for Confirmation polls and to close a current loophole in the law.

    This is a public poll, and will run for 4 days. For this amendment to pass, a 6/10 majority of voters must vote 'Yes'.

    Link to discussion thread

    Do you wish to adopt this amendments?

    Current law:
    Proposed Amendment, completely replacing above section:

    Poll Question: Do you wish to amend Section 8.VI.VIA of the Code of Laws as follows?

    Yes
    No
    Abstain

    Poll settings:
    Duration - 4 days
    Public Poll - Checked
     
  11. donsig

    donsig Low level intermediary

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    This is an open question to all citizens and officials. Should I recuse myself from JR 12 (the JR about whether initiatives are official). This JR will have a direct bearing on at least one initiative poll I posted last term.

    Should I recuse myself on the JR concerning the amendment in the post immediately prior to this post. I initiated the original discussion on this amendment and some of the wording in the proposed amendment is mine.

    Please post your comments on whether or not I should recuse myself from these cases.
     
  12. ravensfire

    ravensfire Member of the Opposition

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    Do you feel that you can render an impartial decision on the matters?

    I trust your judgement in this case.

    -- Ravensfire
     
  13. Black_Hole

    Black_Hole Deity

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    I don't believe you need to, it affects your poll, not your right to be in this office or anything.
     
  14. Black_Hole

    Black_Hole Deity

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    I find the proposed legislation does not conflict with current laws and is formatted correctly.
     
  15. Strider

    Strider In Retrospect

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    Code of laws proposal up for Judicial Review:

    Element A. The Government
    The Government shall consist of the Executive Branch, Legislative Branch and Judicial Branch. These branches and the Citizenry as a whole are responsible for the management of the nation.

    Element B. The Executive Branch
    The Executive Branch of Government shall consist of the Office of President, as well as the several Advisors. These Advisors post discussions and polls over duties they are charged with as listed below.

    Section 1. Office of the President
    The President shall be the Head of State of the nation, as well as the leader of the Executive Branch of Government. Specifically, the President shall be responsible for coordinating the efforts his various Advisors. The President shall also be responsible for any duty not specifically assigned to any of the Advisors, including the management of the budget and of the slider, as well as Civic choices for the nation.

    Section 2. Office of War
    The foremost priority of the Office of War in both peacetime and war shall be the defense of the nation. The War Advisor shall be responsible for the management of all offensive and defensive units. The Advisor shall also be responsible for tactical and strategic planning during war. The Advisor may assign military units to the Office of Foreign Affairs as the Advisor shall see fit.

    Section 3. Office of Culture
    The Cultural Advisor shall be responsible for the movement of settlers, as well as planning for city placement. The Advisor shall also be charged with the formation of national boundaries and the monitoring of national culture levels. The Office of Culture shall also be tasked with placement of Wonders of all types, as well as overseeing the spread of religion, though the Cultural Advisor shall not initiate Civic changes. The Advisor shall also monitor Great People Points, and shall control all Great Artists and Great Prophets.

    Section 4. Office of Foreign Affairs
    The Foreign Affairs Advisor shall be charged with the negotiation of treaties, as well as all espionage-related activities. The Advisor shall also be responsible for all exploration activity, and therefore shall control all non-military scouting units (including Scouts, Explorers, Caravels, etc., and other units that may be assigned to the Office of Foreign Affairs by the Office of War as the War Advisor may see fit). The Advisor shall be responsible for all trading activity (including trading of technology and resources). The Advisor shall also control Great Merchants.

    Section 5. Office of Research and Development
    Research and Development Advisor shall control all worker units of the nation, and shall also direct technological research. The Advisor shall also control all Great Scientists and Great Engineers.

    Section 6. The Office of the Censor
    The Censor of the Assembly shall be tasked with validating polls, managing elections, and determining the census. Within two days of initially taking office, the Censor shall post Procedures for polling, which must define procedures for Initiative, Referendum, and Recall. Polls shall always be validated based on the Procedures in place when the poll was initially posted. The Censor shall also be responsible for polling the names of cities, units, geographic regions, as well as polling for the nation’s name and national symbols.

    Section 7. Designated Players
    The Designated Players shall be responsible for physically playing the saved game. Designated Players must first follow the posted current instructions and goals of a leader. Should no posted instruction exist, the Designated Player during his session may take guidance from polls. Should no such relevant polling data exist, the Designated Player may take guidance from discussion within the Democracy Game forum. Should no such relevant discussion exist, the Designated Player may take guidance from other citizens in the Democracy Game chatroom, should the session be online.

    Section 8. The Governors
    The Governors of the States shall be charged with the management and specialization of a single city or state. In cities assigned to that Governor, a Governor may specify certain A.I. specialization, or may individually place population to work certain tiles and hire specialists. The Governor may also set the build queues for all assigned cities.

    Element C. The Legislative Branch
    The Legislative Branch shall consist of The Senate.

    Section 1. The Senate
    The Senate is formed by all Citizens of the nation. The total number of Citizens in the Assembly shall be determined by the Census. The Assembly shall be charged with the formation and passing of laws.

    Element D. The Census and amending the Code of Laws
    The average of the number of votes cast in each of the most recent contested elections shall constitute an active census of citizens. The highest vote total of these elections shall constitute a full census (the House). A simple majority of the house must be achieved for an amendment to pass. An amendment must pass a Judicial Review and be open for discussion for 72 hours before a poll may be posted. The poll must remain open for 48 hours.

    Element E. The Election process
    Elections shall decide who among the citizenry are trusted to manage the game. The President, the Advisors, Judiciary, Governors, and Designated Players are all elected. Each of these poistions, excepting the Judiciary, shall have a deputy chosen by the winning citizen. The Election process shall be made up of Nominations, Debates, and the Elections themselves. No citizen may hold the same office for 2 consecutive terms.

    Section 1. Nominations and Debates
    Nominations shall be posted atleast 8 days before the end of the term, debates will last through the duration of the nominations. Nominations will be closed when the election polls start.

    Section 2. Election Polls
    Election Polls shall be posted atleast 4 days before the end of the term, and will be set to run for 3 days (72 hours). The candidate with the highest number of votes at the end of the 3 days is considered the winner. If two candidates tie, then a run-off poll, lasting 2 days (48 hours) is posted with just those two canidates which will continue as needed. The election for designated players shall be multiple choice, and list all of the possible candidates. Any candidate that recieves over 50% of the vote is a designated player for that term.

    Section 3. Judicial Terms
    The Judiciary shall remain in power one week after the election of a new Judiciary. At this time, the newly elected Judiciary shall take over.

    Element F. Vacant Poistions
    An advisor or Justice may declare themselves to be Absent for a period of time. This period may not exceed 2 weeks. During this time, the deputy or pro-tem will act with all power and duties of that office, surrendering them to the official or Justice when they return or at the end of the planned absence, whichever comes first. If this period exceeds one week, then the deputy or pro-term may keep the power and duties of the office, unless they decide to give it up. Should an official fail to post in the DG forum for one week days in a thread related to their area without prior notice, the Judiciary may declare that office Vacant.

    Section 1. Filling Vacant Offices:
    The President will appoint a citizen to any vacant office. The appointment is subject to a conformation poll, set to run for 3 days. If the Presidential seat is vacant then the Advisor of Foreign Affairs appoints a President.

    Section 2. Judicial Absence's
    If a Justice has not posted on any active Judicial matter for seven days, the remaining Justices may declare the Justice Vacant. If all three Justices fail to post on any active Judicial matter for seven days, the President may declare all Judicial offices Vacant, and immediately appoint a new Chief Justice. The remaining members of the Judiciary appoint a replacement for a vacant Justice.

    Element G. Recall
    Any citizen may request a recall for an elected official by posting a thread in the Citizens forum, citing the reasons for the recall. If two or more citizens support the recall, the Chief Justice must post a recall poll. The poll must run for 3 days, be private, and be set up in a Yes/No/Abstain. If 2/3 of the census votes to recall an official, then the official is removed from office, and the office becomes vacant. In the case of a Judicial recall, the President will handle the recall poll.

    Element H. Referendum
    A referendum is the submission of a proposed public measure or a decree to a direct popular vote, it is the second highest form of decision making. A referendum must comply with all polling procedures. Referendums are a direct result of an elected official carrying out their duties.

    Element I. Initiative
    An initiative is executive legislation created, proposed, and approved by the citizens. It is the highest form of decision making, and over-rides any other decisions, excempting a decision tasked to do so.

    Section 1. Proposing an Initiative
    Any citizen of the democracy game can propose an initiative. An initiative must receive atleast 3 days of discussions and two days of polling. Initiatives only hold power during the term they are approved, unless otherwise stated.

    Element J. Sunset Clause
    A sunset clause is an emergency legislative act. It must be discussed for 48 hours, and receive 24 hours of polling. A simple majority of the house is required to pass the clause. A sunset clause will automatically be removed at the end of the term it was passed in, or during a other pre-determined time. At this time changes made by the sunset clause will revert back to it's original state.

    Element K. Turnchats
    All irreversible game actions must progress during a scheduled game session called a turnchat. Reversible game actions (i.e. build queues) that adhere to legal instructions can be prepared offline before the scheduled game session.

    Section 1. Turnchat Instruction Thread
    A Designated Player shall post a turnchat instruction thread 3 days before the scheduled turnchat. All executive advisors shall post instructions, based on citizen approval, in the instruction thread. These instructions are then used by the Designated Player to play the save. Advisors must post their instructions appro. 2 hours before the turnchat. The turnchat instruction thread is the only legal method of giving instructions to the designated player.

    Element L. Liberare of Information
    The Liberare or Library is a collection of game, save, and constitutional information. The Library is headed by a Director who is appointed by the President. The Director can then dictate additional tasks to Bureau Chiefs, who then take charge of a Bureau. The Library shall keep a record of all Bureau's and their purpose. The Director is charged with supplying save information at the citizens discretion.
     
  16. Black_Hole

    Black_Hole Deity

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    Strider, that isn't exactly a proposed poll, look at this post...
    Could you repost in the thread?
    Oh yeh, that reminds me of ravensfire's suggestion of creating a template for these, I will get to that when I have some free time to avoid further confusion.
     
  17. Strider

    Strider In Retrospect

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    Proposed poll has been re-posted. Had to include the current law as links to the current CoL, because otherwise the post was almost 10,000 characters longer than the allowed limit.
     
  18. Nobody

    Nobody Gangster

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    DG1JR11
    Question: Does Section 8.A.II and Section 8.A.I include appointed no-power duties like Chief Bureau's for the Information Department?
    Submitted by: Strider
    Judge Advocates Ruling:

    First of all you have cited section 8.A.I and the nonexistent 8.A.II while providing an example of section 8.B.I and 8.BII. I think this is a mistake But I will look at all of them none the less.




    The Code of laws does not set a clear Definition of the term “office.” Therefore for this Judicial Review I shall interpret Office as any position within the Demogame to which you are normally elected. This includes positions appointed because of a vacancy but normally would be elected. I do this because it is what it appears to mean in context of the law. For example “8.A.I. No Citizen may run for more than one office during an election cycle.” This clearly implys that an Office is a position up for election.

    Section 8 subsections B says no Triumvirate of Judiciary may hold a second normally elected position, and members of cabinet and governors may hold no more than two normally elected positions. It makes no reference to appointed no-power positions.

    Section 8 of the code of law does not include appointed no-power.
     
  19. Nobody

    Nobody Gangster

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    DG1JR12
    Question: Are Initiatives considered Official polls, and thus subject to verification by the Censor?
    Submitted by: ravensfire
    Judge Advocates Ruling:

    The right to make an initiative is protected in the constitution because it is citizens guaranteed way to make decisions. These are fundamental to our democracy. An initiative is legal order of what should be done. As well as being a tool of democracy the Initiative is also very powerful.

    Polls are made Official because they are legally binding, because they have an effect game. Because this is a Democracy anything that has an effect on the game must be fair and true. This is why we have a censor to ensure all game decisions are fair and true. So that Democracy takes its course.

    As citizen shack has pointed out, an initiative is a legally binding poll that directly affects the game. As such the censor has a legal responsibility to ensure that these polls are fair and true.

    This means that is an initiative is an official poll and is subject to verification by the censor.
     
  20. Nobody

    Nobody Gangster

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    DG1JR14

    I find the proposed legislation does not conflict with current laws and is formatted correctly.
     

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