Term II Judiciary - The Dikastic Court

Justices,

Please post your ruling on DG7JR9, I'd like to get this one wrapped up.

Thanks,
-- Ravensfire, Chief Justice
 
Honorable Judiciary,

I would like to request a Judicial Review on the validity of Sunday's game session. It seem like not only in there less than 72 hours to plan for this session, but it also fails the calendar date requirements if based solely on the preferred time zone of choice, GMT. Additionally, this session would be illegal in about 10 other time zones as well.

Game Session: 5am GMT 9/23/05

Game Session: 3pm GMT 9/25/05

Code of Laws - Section L1 (Partial - Pertinent Only)
A Game Session Instruction Thread must be created at least 2 days before the chat by the Designated Player for that session. Should a thread not be created in a timely manner, the President may create one. Game Sessions must be at least 3 days apart, no more than 7 days apart. The initial post should contain the date and time of the game session, a link to the save to be used for that session, and if the game session will be on-line or off-line. If the game session is off-line, a citizen may post a confirmation poll for that session. If the confirmation poll fails, the DP must reschedule the game session as an on-line session.

Please look into this request immediately, as time is of the essence. As Designated Player for the session, Chief Justice Ravensfire also has the opportunity to alter his session time. Either way, I would still like a ruling on the basic question: Due to Time Zones, must "3 Days" be interpreted as "no less than 72 hours?"

My apologies for not catching this sooner.

Respectfully,

Donovan Zoi
President of Fanatikos
 
Request for Judicial Review

Donovan Zoi has come before the court with a question about Ravensfire's game session, and how to interpret the time requirements for game sessions.

I find this request for Judicial Review has no merit. A day is 24 hours long. In this case, the measuring stick is the end of the previous session, and the start of the next, measured in the same time zone. The planned session fails the requirement.

Ravensfire is ordered and directed to reschedule his game session to comply with the requirements of Section L.1 of the Code of Laws.

Ravensfire is further reminded that he wrote said article, he should be :blush: right about now!

Sorry for the trouble,
-- Ravensfire
 
ravensfire said:
Justices,

Please post your ruling on DG7JR9, I'd like to get this one wrapped up.

Thanks,
-- Ravensfire, Chief Justice
Sorry for my tardiness, I haven't had much time recently. I should be able to post the review within a few hours.
 
After having reviewed the relevant law, here is my ruling.

DaveShack started this review with the following:
Specifically, does the President have any power to give instructions in areas for which the elected leader has provided none? CoL L says the DP gains power over any area without instructions. Article E says the President may handle tasks not assigned to another department, but does not say anything about assuming the duties of absent leaders. Not a CC request but it seems we have had some cases where Governors delegated their responsibilities to the President, which does not seem legal to me...
This seems to be a fairly clear-cut case to me. As DaveShack noted, Article E states, "The President is also responsible for all tasks not assigned to another leader." However, that section of the Constitution really isn't relevant in this case. It seems clear that the intent of this article is that the President is responsible for all tasks that the ruleset does not delegate to other leaders. I base this on the fact that the article then goes on to mention other leaders and their responsibilities, leaving me with the clear impression that if nobody else is given a particular responsibility, the President is tasked with it. It says nothing about any ability of the President to take up responsibility for tasks that are under the responsibility of another office. This is further backed up by CoL Section L.1, which gives the Designated Player (not the President) full authority over their area. It seems a very logical extension to say that, if a leader fails to post specific instructions, they have given the DP authority over anything not specifically covered. Furthermore, another section of L.1 says "Instructions must be clear and defined." If a leader posts a vague instruction, that instruction is in clear violation of L.1. Though I would not condone a CC of a leader who did that, it could definitely be argued that illegal instructions do not have to be obeyed, thus also giving the DP control.

Also, to address another point in the CC, and an area where I appear to disagree somewhat with our Chief Justice, nobody may delegate anybody, including the President, any binding authority, except where provided by law (deputies and pro-tem justices). It is, of course, perfectly permissible for an office to come up with unofficial advisors and the like to serve under them, but they have no legal authority, as there is no law (unless I missed something, but I don't think I did) allowing them to assume such responsibility.

In addition, to comment on Donovan Zoi's post, perhaps the President should have a bit more authority in such cases, but that isn't how the law is structured right now and it would take an amendment to change it. By all means, bring it up if you wish; I'd like to see the text of such an amendment. I'm not really sure how I stand on that issue at the moment.

In summary, I have found nothing giving the President the authority to make binding instructions over an area when another leader posts a vague instruction, and must therefore rule that the President's advice is just that, advice, and (s)he has no more power to post a binding instruction over an area clearly covered by another office than any other person.
 
I see no revelant law that says the President can make instructions if a leader fails to post legal instructions. As my fellow justices pointed out, if a leaders instructions are lacking, it's up to the DP to decide on those issues.

Not much more that needs to be said, that hasn't already been said. I rule that the President does not have the power to create legal instructions in the lack of legal instructions from a leader.
 
Chief Justice's ruling on DG7JR9

Question: May the President issue legal instructions if a leader posts incomplete instructions?

Citizen Comments: Thanks to DaveShack, Donovan Zoi and Strider for their comments.

Ruling: The President may not issue legal instructions if another leader posts incomplete instructions.

Explanation: This matter deals with incomplete instructions posted by a leader. Quite simply, the leader did post instructions. The President cannot simply “fill in the blanks” - this is not part of the duties of the President. The President, the DP or any other citizen may request clarification of the instructions, if they feel it warranted.

-- Ravensfire, Chief Justice
 
Judiciary Ruling

DG7JR9 - May the President issue legal instructions if a leader posts incomplete instructions?

By a 3-0 decision, the President may not issue legal instructions if another leader posts incomplete instructions.

-- Ravensfire, Chief Justice
 
I have a judicial review/question.

Apparently, some posters are now permbanned. My question is do votes of permbanned members still count in current polls, such as this one?
 
Request for Judicial Review

RegentMan has come before the Court with a question votes cast by citizens that have subsequently been perma-banned.

This review is found to have no merit.

Article A of the Constitution states "All Civfanatics Forum users who register in the Citizen Registry are citizens of our country, and members of the Assembly." Once they are perma-banned, they are no longer users of the Civfanatics Forum, and as such are no longer citizens of Fanatikos.

All votes of non-citizens are discarded when the votes are tallied upon the closure of a poll. As such, citizens that are perma-banned are treated the same way.

-- Ravensfire, Chief Justice
 
ravensfire said:
Daveshack has come before the Court with a question votes cast by citizens that have subsequently been perma-banned.
:( He did? ;)

Thanks for the quick response. Although one of these days I'm going to get one that has merit! ;)
 
RegentMan said:
:( He did? ;)

Thanks for the quick response. Although one of these days I'm going to get one that has merit! ;)

Doh - copy paste. Corrected!

I'd rather many questions that are easily answered than ones that people don't ask about and result in problems.

-- Ravensfire, Chief Justice
 
Talking about copy & paste, as we have failed dismally to find a friendly mod to post the formatted version of the laws in the constitution thread I have done it myself and requested that the first post is deleted. Perhaps this will be a quicker process and it will get done. I have also posted the amendment that has been included and linked back to the poll that passed it. I will add any future amendments in the same way, although of course a Mod can always edit my posts anyway.
 
[gavel]
BANG!
[/gavel]

I declare this session of the Supreme Court of Fanatikos closed!

My thanks to my fellow justices Strider and Bootstoots for the efforts during this term.

To the next Chief Justice, Bootstoots, I offer my congratulations and best wishes for a quiet and peaceful term III!

Thanks most especially to all citizens that took time out of their busy day to share with all of us their wisdom. Your words were most welcome.

-- Ravensfire, Chief Justice
 
Thank you, ravensfire. The thread will be up soon, and my apologies for it being later than expected.
 
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