Term 5 Judiciary

[Nobody]

Greeting Honoured members of the court.
Congratulations of your Elections. I would like to request a Judical Review. I would like a Interpretation and clarification of existing Law. I wan't to know who has responsabilitys over Trade Embargos. Trade or Foreign Affair,

4. The Minister of Trade shall be responsible for all
trade, domestic and foreign, and the use of resources,
as perscibed by law.

says all trade but issueing a embargo is not really a exchange while

2. The Minister of Foreign Affairs shall be responsible
for matters involving treaties with foreign nations as well
as all espionage and embassy missions as prescribed by law.

says all treatys. As a embargo is a diplomatic agreement between to civs not to trade with another 3rd. Iam unsure.
Oh well please clarifiy.

Thanks
Nobody

 

[mhcarver]

Nobody has requested a judicial review on who has power over trade embargoes. I find this Judicial review has merit and will be added to the judicial docket as DG5JR31

 

[ravensfire]

Public Defender's ruling on DG5JR#30

The Public Defender finds that the proposed legislation does not conflict with current law, and should be presented to the People for a vote.

-- Ravensfire

 

[mhcarver]

nobody has requested a JR on who has power over trade embargoes, the trade minister of Foreign Affairs minister. At question here are the descriptions of the two offices:

2. The minister of Foreign Affairs shall be responsible
for matters involving treaties with foreign nations as well
as all espionage and embassy missions as prescribed by law.

and

4. The Minister of Trade shall be responsible for all 
trade, domestic and foreign, and the use of resources,
as perscibed by law.

As nobody outlined in his argument the foreign affairs minister is responsible for all treaties while the trade minister is responsible for all trades and use of resources. Dictionary.com defines an embargo as "A prohibition by a government on certain or all trade with a foreign nation." Under this logic it would go to the trade ministry. However a trade embargo requires an agreement with another nation and a treaty is defined as "A formal agreement between two or more states, as in reference to terms of peace or trade. In my mind the power to sign a treaty trumps the power of the trade department . Therefore the actions required to sign an embargo with another nation are a treaty and the power to issue embargoes falls under the Foreign affairs ministry.


-Mhcarver
Office of The Chief Justice

 

[Black_Hole]

Judge Advocate's Opinion on DG5JR31

Nobody(The person ) has asked:

I wan't to know who has responsabilitys over Trade Embargos. Trade or Foreign Affair,

As CJ Mhcarcer has shown above, article D.2 states the Foreign Affairs Minister is responsible for treaties. Trade embargoes are treaties, so he has control. Actually the only thing that would hint that the trade advisor has power, is the word "trade" before embargo. All other treaties are property of the FA, as decided in law and judicial reviews, so this one should be no exception.
The foreign affairs minister has control over trade embargos.

 

[mhcarver]

AS a citizen I would like to propose the following addition as article H of our COL

Code of Laws Section H:
1. Nominations
a. Nomination threads shall be normally be opened 8 days
before the end of the month at approximately 00:00 GMT (this is 7 or 8 PM Eastern time of the 23rd.) in the main DG forum
by a representative of the Election Office though any citizen may open a pre-nomination thread in the main forum to post a self-nomination and acceptance for any office up to one week ahead of the normal nomination threads."
b. The initial post for each office will describe the office and
the relevant dates for the election process.
c. A citizen may nominate any citizen(s), including themself, for
each election.
d. A nomination is considered Declined until the nominated citizen
posts that they accept the nomination. All self-nomination are
considered accepted unless posted otherwise.
e. Nomination threads are open until the first election poll is
posted. 

2. Debates
a. Debate threads shall be opened at the same time the nomination 
threads are opened, and be placed in the Citizens forum by a 
representative of the Election Office.
b. Any citizen may post a question for the candidates to answer.
c. Debate threads are open until the election polls close.
3. Elections
a. Election polls shall be opened approximately 3 days after the
nomination threads are opened, and be placed in the main forum
by a representative of the Election Office.
b. Election polls shall set as "private" polls, and set to close 
after 3 days (72 hours).
4. Election Office
a. The Election Office shall be comprised of those citizens 
willing to assist the election process. These citizens are
nominated by the President, and are subject to a confirmation
poll.
b. The Election Office shall determine before each election who
will post the threads for that election.
c. The Election Office shall maintain on the initial post of their
thread the dates for the current and next election cycle.
d. The Election Office shall solicit and maintain a common list of 
debate questions for each office. This list shall be posted as
soon as possible in each debate thread.
e. Any non-trivial differences in the dates/times threads are posted
from the scheduled time should be noted by the Election Office 
official posting the thread.

discussion

 

[mhcarver]

I find that the above request for Judicial review has Merit and is to be added to the docket as DG5JR32

 

[mhcarver]

I find that the proposed leglislation does not conlfict with the constitution in any way and may proceed to polling

-Mhcarver
Office of the Chief Justice

 

[ravensfire]

Nobody bring the following question before the court:

I wan't to know who has responsabilitys over Trade Embargos. Trade or Foreign Affair,

Relevant law
Article D.2 of the Constitution:

              2.  The Minister of Foreign Affairs shall be responsible
                  for matters involving treaties with foreign nations, 
                  as prescribed by law.

Article D.4 of the Const:

              4.  The Minister of Trade shall be responsible for all 
                  trade, domestic and foreign, and the use of resources,
                  as perscibed by law.

Citizen comments
There are no citizen comments for this Judicial Review.

Analysis
The question is what are trade embargoes, and who controls them. Trade embargoes are essentially agreements between two civilizations not to trade with a third. These may involve money, technology or other agreements as part of that agreement. The key part, however, is that it is possible, and indeed normal, for these agreements to be made without any resources or technologies attached to the agreement. It's simple a promise between both civilizations.

As such, trade embargoes that do not involve resources or technologies are within the purview of the Ministry of Foreign Affairs. When such an agreement involves such resources, the Ministry of Trade should be consulted for their approval. Such an agreement, including resources and technologies, constitutes a trade (...all trade, domestic and foreign, and the use of resources ...).

Likewise, any trade embargo agreement that involves the expenditure of our treasury must have the approval of the Minister of Domestic Affairs.

Public Defender's Ruling
Trade Embargo agreements are initiated and managed by the Minister of Foreign Affairs. The Minister must, however, seek the approval of other ministers as needed should the trade embargo agreement involve other Ministries.

-- Ravensfire, Public Defender.

 

[ravensfire]

Mhcarver brings a proposal to reform the election laws before the court, seeking a Judicial Review.

Public Defender's Ruling
After reading the proposed law, and the current laws, I find no conflict. This proposal should be presented before the people for adoption or rejection.

-- Ravensfire, Public Defender.

 

[Nobody]

I would like to thank the judges for there fair decision, i present you with these fine gold clubs *all judges get a $14000 set of golden golf clubs* and your daughters will be released Immediately

 

[mhcarver]

I would like to thank the judges for there fair decision, i present you with these fine gold clubs *all judges get a $14000 set of golden golf clubs* and your daughters will be released Immediately

How did they find out about Bertha?

 

[blackheart]

How did they find out about Bertha?

Rest assured, the CIA was watching the entire time and made sure the FAmily made no rash decisions.

 

[blackheart]

I have the question for the Judiciary, does the power to upgrade (actual physical upgrading, not just allocating funds) fall under CIA (Domestic) or MSAV (Military)?

1. The Minister of Domestic Affairs shall be
responsible for all domestic initiatives, worker allocation,
as well as the distribution of funds, as prescribed by law.

3. The Minister of Defense shall be responsible for all
military strategy and troop activities, as
prescribed by law.

As stated in the Constitution, Domestic has power of funds and domestic initiaves while Defense's is military strategy and troop activites. Upgrading is borderline between the 2 since it requires funds, has to do with troops, and is a domestic initiative due to the fact of national defense and national interest.

 

[Black_Hole]

I have the question for the Judiciary, does the power to upgrade (actual physical upgrading, not just allocating funds) fall under CIA (Domestic) or MSAV (Military)?




As stated in the Constitution, Domestic has power of funds and domestic initiaves while Defense's is military strategy and troop activites. Upgrading is borderline between the 2 since it requires funds, has to do with troops, and is a domestic initiative due to the fact of national defense and national interest.

i believe there was already a judical review on this...

 

[Black_Hole]

I find the legislation doesn't conflict with itself or current legislation and should go forth to the people.

 

[blackheart]

i believe there was already a judical review on this...

Do you have a link for it?...

 

[Furiey]

Do you have a link for it?...

In the Judicial Log in the Main Forum, this post here

 

[blackheart]

In the Judicial Log in the Main Forum, this post here

Thank you.

 

[mhcarver]

Thanks for the help Furiey and Black Hole