Request for Judicial Review

mcmasterdonia

Just like a queef in the wind, so is life
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TNP Nation
McMasterdonia
I request that the court investigate the actions of the Speaker of the Regional Assembly, Govindia in refusing to remove himself from the regional assembly for missing two consecutive votes.

Law 28, Article III
4. As used in this Section.

A. Two consecutive votes are defined as two votes on any items that are conducted at different time intervals of at least 3 days between the start of each vote, but are voted one after another. Votes on two or more items at the same time are not defined as two consecutive votes.

The law clearly states it is 3 days between the start of the votes.

The Flemingovian Constitutional Proposal Vote was started 3/22 at 9:23 PM GMT; it ended 3/29 at 9:30 PM GMT.

The Privileged Re-Vote for Recall of Delegate was started 3/30 at 3:21 PM GMT; it ended 4/6 at 3:30 PM GMT.

These votes started more than three days apart, and as such satisfy the two consecutive votes rule as noted above.
The legal code clearly states that all assembly members who have missed two consecutive votes must be removed from the RA
3. Assembly members who have missed two consecutive votes on any Regional Assembly items shall be removed from membership automatically by the Speaker, unless a notice of absence was submitted to the Speaker before two consecutive votes occur.

While Govindia’s defence is and I quote
I will state for the record that the notion that I missed votes is incorrect. It is custom for Speakers to only vote when there needs to be a quorum still filled or if there is essentially a tie. As neither has yet been needed, I will continue to honour tradition here and abide by that

While it may be customary for speakers to not vote, it is required by the law that all members of the Regional Assembly do not miss two consecutive votes. The point that this has never been bought up before is irrelevant, as it has been noticed now, and it is a violation of our laws.

2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members

Govindias position as speaker does not excuse him from his responsibilities to maintain membership in the regional assembly. His complete disregard for our laws is quite clear.

Govindia is currently standing in the speaker election. This is no doubt the reason why he has refused to remove himself from the regional assembly and simply apply again, as his membership would not be accepted in time.

Whether the laws are right in his view, is irrelevant. This is how they stand now, and Govindia must submit to our regional laws. He has flaunted disrespect for the Delegate, when asked to obey the regional laws, instead choosing to obey customs, over clearly codified laws in our legal code and constitution.

Govindia claims to value customs and traditions, and that is why he feels that he should not have to vote on matters before the assembly. He did not value the tradtion of abstaining from voting for oneself however, in the current elections for speaker. Regardless of tradition, the law is the law, and Govindia must obey it.
I request that the court investigate Govindias actions and his eligibility to run for the position of speaker, given his membership or the regional assembly should have been revoked. And to demand that he come in compliance with our laws.

I understand that with the ongoing judicial and speakership elections that this will create some complications and delays. Regardless of the results of the election, Gov would still be in violation of our laws. The new speaker may choose to act accordingly, but Gov will not doubt continue to disobey and disrespect our laws if he wins.

I further request that the court interpret the meaning of Section 3 Part 7 of the Consitution

Section 3: Miscellany
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..

“For 30 Days before nominations begin” is unclear. I request that the court decide whether this means 30 consecutive days before the nominations begin, or simply 30 days at any time before the nominations begin. Many esteemed members of our region have been members of the regional assembly for long periods of time, but their membership has lapsed due to unforeseen circumstances.

Under the law, if they have reapplied to the regional assembly, and their membership has been accepted, why then should they be disallowed from standing in elections. I request that the court investigate if this requirement in the constitution will be satisfied by 30 days prior service, regardless of when that prior service occurred.

Hypothetically speaking: If the member has been a member of the RA for more than a year, and their membership is revoked on the 17th of September. They immediately reapply and are accepted back into the regional assembly by the 19th of September, should they be declined the right to stand in an election where nominations start on the 15th of October. I think that under the law, the constitution grants that person the right to stand in the election, given that they have over a period of time served “for 30 days before nominations begin”.

If this could be applied, there would be no reason why people like Gov could actually apply the law to themselves, instead of being concerned that they would be unable to stand in elections. It would ensure that previously active contributors to our region would be able to continue to take a role in our regions future
 
mcmasterdonia:
I further request that the court interpret the meaning of Section 3 Part 7 of the Consitution

Section 3: Miscellany
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
FYI the Court has already addressed this. Assuming the current Court doesn't decide to overthrow existing precedent for no reason, the ruling made can be found here.
 
Since that is a nearly five year old ruling, perhaps the Court may want to look into the matter once again. As the law is literally written the matter seems unclear and the prior ruling gives very little justification outside a non-specific mention of "intent".

In any case, the prime meat of the matter is the situation involving the Speaker, please do not overlook that to focus on this much more mundane matter. If needed, that can be brought up at another time. The conflict of law with the Speaker really can not wait, however, and must be addressed as soon as possible to preserve faith in the Constitution.

Or at least salvage what faith any of us have left. <_<
 
The Court will review the specifics regarding the actions of the Speaker. Because the Judicial elections will be ending soon, this Court will not consider the question of the 30 day rule. You may bring it up to the new Court should you desire.

While the Court deliberates, we invite the Acting Speaker, Govindia, to make a statement on his behalf.
 
In light of Govindia's resignation, this hardly seems like an issue anymore; however, the Court will still issue its opinion should this issue ever come up again.

The Constitution clearly states that all government officials must maintain any and all "rights and obligations" that membership in the Assembly entails. There is no exception in place for the Speaker of the Assembly.

Article II:
2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members.

And what are the "rights and obligations" of the Assembly? These are laid out in the Legal Code, specifically Law 28. Now, I will not quote the entire Law, but shall quote the bit that is relevant to this particular case.

TNP Law 28:
3. Assembly members who have missed two consecutive votes on any Regional Assembly items shall be removed from membership automatically by the Speaker, unless a notice of absence was submitted to the Speaker before two consecutive votes occur.

The Speaker is NOT given an exception in either the Constitution or TNP Law to the obligations of maintaining RA membership.

Seeing as how the Acting Speaker has removed himself from the RA, it is not necessary for this Court to do so.
 
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