Request for Justice Revision

[Felasia]

I'm requesting the court to hold all re-voting on the election for CLO and Delegate.

Reason: The Council of Lower Officers have no jurisdiction all power that's defined by the constitution to make a decision regarding the reelection. They can only halt the vote or any bill, but in order to start another election, they must draft a legislation to declare a previous result null and void and hold another election and put it to vote by the Regional Assembly.

The decision whether to hold the reelection or not must be decided by either the Judiciary or the Regional Assembly.

I also wishes to request court opinion whether the former CLO who had been elected after the Crimson Government is still responsible for using their power on this order since the current CLO election is still not finished and would like to request that all CLO must also places their consent to any decision in public for easy verification by the RA.

Also with all due respect to Tresville, I'm also requesting the court to ask the Administrator team to remove his delegate mask until election is concluded. Eluvatar is still acting delegate until we recieve a new and legitimate election result.

http://z13.invisionfree.com/TNP/index.php?showtopic=4796

I've been informed that the Court has been unable to render a decision on the legality of Tresville's election, in effect also allowing Rhindon Blade to be able to seek re-election. Placing the mess squarely back on our hands.

I have convened the Council of Lower Officers and in a majority vote, they have consented to a revote.

http://z13.invisionfree.com/TNP/index.php?showtopic=3979

Article IV: Council of Lower Officers

Section 1: Membership and Powers

1. The Council of Lower Officers (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.
2. The CLO is to be given access and speaking privileges within the private Cabinet areas but are not allowed to take part in votes of the Cabinet.
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.Article IV: Council of Lower Officers

With all due respect to the Court,
Felasia

 

[Byardkuria]

The Court is in receipt of the filing.

Given the particular nature of this case, the Court will accept briefs for 48 hours from the initial time-stamp of this post.

 

[Outer Kharkistania]

I'm requesting the court to hold all re-voting on the election for CLO and Delegate.

Reason: The Council of Lower Officers have no jurisdiction all power that's defined by the constitution to make a decision regarding the reelection. They can only halt the vote or any bill, but in order to start another election, they must draft a legislation to declare a previous result null and void and hold another election and put it to vote by the Regional Assembly.

The decision whether to hold the reelection or not must be decided by either the Judiciary or the Regional Assembly.

I also wishes to request court opinion whether the former CLO who had been elected after the Crimson Government is still responsible for using their power on this order since the current CLO election is still not finished and would like to request that all CLO must also places their consent to any decision in public for easy verification by the RA.

Also with all due respect to Tresville, I'm also requesting the court to ask the Administrator team to remove his delegate mask until election is concluded. Eluvatar is still acting delegate until we recieve a new and legitimate election result.

http://z13.invisionfree.com/TNP/index.php?showtopic=4796

I've been informed that the Court has been unable to render a decision on the legality of Tresville's election, in effect also allowing Rhindon Blade to be able to seek re-election. Placing the mess squarely back on our hands.

I have convened the Council of Lower Officers and in a majority vote, they have consented to a revote.

http://z13.invisionfree.com/TNP/index.php?showtopic=3979

Article IV: Council of Lower Officers

Section 1: Membership and Powers

1. The Council of Lower Officers (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.
2. The CLO is to be given access and speaking privileges within the private Cabinet areas but are not allowed to take part in votes of the Cabinet.
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.Article IV: Council of Lower Officers

With all due respect to the Court,
Felasia

Oh I don't know, that could be the same thing.

But no, I want a rerun of the election not a revote. Considering the situation that would be, IMO, the most appropriate decision.

The Court may appear comatose but only because of its political leanings. The Constitution is quite clear and I don't believe there is any ambiguity in what should have been done. Apparently the court can only when it's convinient to those it evidently favours.

 

[Felasia]

Article IV Section 1 Action 3 and 4

3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.

Speaker of the Assembly and CLO head, mr_sniffles posted CLO decision to hold a reelection here.

I've been informed that the Court has been unable to render a decision on the legality of Tresville's election, in effect also allowing Rhindon Blade to be able to seek re-election. Placing the mess squarely back on our hands.

I have convened the Council of Lower Officers and in a majority vote, they have consented to a revote.

Please vote in the following format:

Forum Username: <insert username>
TNP Member Nation: <insert name of TNP nation> (required)
TNP WA Member Nation: <insert name of TNP WA nation>

Delegate: < Tresville - Fearless Leader - Byardkuria - Abstain>

Council of Lower Officers (choose up to THREE):
< Outer Kharkistania - Rhindon Blade - Abstain>

Also note that only ONE seat is open for the CLO. Vote early and often!

Therefore, the evidence clearly indicates that the decision by CLO to organize a reelection aren't within the scope of CLO power.

Article IV Section 1 Action 1

1. The Council of Lower Officers (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.

http://z13.invisionfree.com/TNP/index.php?showtopic=4796

I have convened the Council of Lower Officers and in a majority vote, they have consented to a revote.

The regional assembly have recieved no evidence that the Council for Lower Officers have reach a decision and merely recieve a word from the Speaker. It's also in question whether which group of CLO is allowed to make this decision since the election for CLO is not yet finalized. Is the current 2 CLO+ the speaker allowed to make a decision or whether the outgoing CLO should be making the decision.

Article 1, Section 3, Item 7

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

Tresville reapplied to the RA on:

Aug 5 2008, 06:00 AM

Nominations started on:

 
Sep 1 2008, 04:39 AM

Tresville's re-application to the Regional Assembly

September 2008 Nomination thread

As it had been stated before in another thread and the court have yet to make any ruling regarding Tresville's Legitimacy. I am requesting the court to request the TNP forum administrator team to remask Tresville to Regional Assembly Member.

 

[Haor Chall]

Furthermore;

Section 3: Miscellany

1. Upon passage of this document as an amendment to the previous Constitution, all legislation previously passed is nullified, except for TNP Laws 1, 2, 6, 14, 22, and 23 (previous to the passage of this Constitution), which shall each be entered into the Legal Code as laws.
2. The Constitution and Declaration of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and Declaration of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, CLO members, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin.
8. Election of the Speaker of the Assembly, CLO, and Judiciary officials shall require a plurality vote of the Assembly,
9. Election of the Delegate and Vice Delegate shall require a majority vote of the Assembly.

The relevant article has been highlighted for the Court.

The Court has already been given the details proving this article in the Constitution has been violated.

Election Dates

This law is hereby enacted to enable an election schedule for the offices and elections prescribed in Article I, Section Three of the Constitution of The North Pacific.

SECTION ONE

The election cycle for the 4-month terms of The Delegate, The Speaker of the Assembly, and CLO members, shall begin on the first day of the months of January, May, and September.

SECTION TWO

The election cycle for the 6-month terms of The Judiciary, including the Chief Justice, shall begin on the first day of the months of April and October.

SECTION THREE

This Act shall take immediate effect.

Law 26 specifies when the election should be held. The election cycle began as specified by Law 26, when nominations began on Sept 1. It has no further bearing on this debate.

It is clear that neither Tresville or Rhindon Blade were eligible for election. The election dates were those set by law and neither were eligible within that timeframe as per the Constitution quoted earlier.

3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.

The action taken by the CLO does not fit in either 3. or 4. above. The CLO has no legal standing to authorize the revote.

9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of this Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.

10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.

11. No governmental authority of the region has the power to suspend or disregard this Constitution or the Legal Code In the event of an actual emergency, the governmental authorities of the region, with the express consent of the Nations of the region or their representatives, is authorized to act in any reasonable manner that is consistent as practicable with the pertinent provisions of this Constitution.

Article 11 clearly states that nobody (relevant to this case: CLO) has the power to suspend or disregard the Constitution. It doesn’t matter what their name is or who their friend are, the Constitution should be followed. The relevant clauses of the Constitution have already been mentioned, this merely affirms that they should be followed regardless of who the person in question is and regardless of the political leanings of anyone in the CLO or the Courts.

A rerun of the election would be entirely consistent with Article 9, and arguably a failure to rerun the illegal election would constitute a failure to run the government on the principles of “democracy, accountability, and transparency”. Article 9 also states that non nation should be denied “the equal and fair treatment and protection of the provisions of this Constitution”. Allowing the constitutional requirements for electoral eligibility to be flouted is not an example of “equal and fair” treatment. A rerun of the election would also be acceptable according to Article 10 as nobody would be disenfranchised and everyone would be allowed to vote again.

 

[Tresville]

Can this be added into Felasia's statement:

The law specifies that this oath renewal must be completed within a seven day period. RA members who do not meet this requirement, will be placed in a suspended membership status until that suspended member posts the oath renewal in this thread. You will not have RA access while you remain in suspended status, except for this new subforum used to process membership applications. And all other forum permissions related to your RA status will likewise be suspended.

I believe it is relevant. Since at no time did The Tresville Element leave the region, nor was I removed by court order or the RA. I was still RA, just suspended.

 

[Felasia]

In light of recent addition to my statement, I would also like to add the defenition of the word suspended and bar for the courts consideration.

http://dictionary.reference.com/search?q=Suspended

1. To bar for a period from a privilege, office, or position, usually as a punishment: suspend a student from school.

2. To cease for a period; delay.

http://dictionary.reference.com/browse/bar

32. to exclude or except: He was barred from membership because of his reputation.

By a definition of dictionary.com, suspended means that the membership is no longer intact and that Tresville have lost his status as a member of the Regional Assembly when he is suspended from the RA.

 

[Tresville]

Good point. I believe we must make it clear how suspended is being used. For example, if you work in a union, you can get layed off but that does not mean your fired. But your still concidered to be a member of that field.

 

[Haor Chall]

Though the Court is undoubtedly aware, Sections 2 and 3 of Law 28;

Section Two.. The Law contained in Section One of this Act shall take effect upon its adoption pursuant to the Constitution. Current members of the Regional Assembly are required to subscribe and execute the oath as enacted by the Law contained in Section One of this Act within one week after enactment pursuant to the Constitution.

Section Three., If, once seven days has elapsed after the Law contained in Section One of this Act takes effect, a member of the Regional Assembly has not executed such oath, they shall be suspended from membership in the Regional Assembly as well as any office or position they may otherwise hold in The North Pacific. This suspension shall be enforced by the use of a temporary mask by forum administration. Once the oath has been duly executed, the suspension shall be lifted promptly and without delay.

Only applied with relation to the adoption of the procedures set out in Article 1 of Law 28. This is not relevant to the current case as Tresville signed the new oath here in April. The terms of Section 3 are only related to those who had not renewed their oath when the legislation was introduced. As Tresville has fulfilled the obligations of Section 3 his subsequent removal for inactivity was conducted under Section 2 of the procedures (in Section 1 of Law 28). Though his masking may have been incorrectly labelled as "suspended RA member" a forum members masking has, to my knowledge, does not determine their legal status.

 

[mr_sniffles]

My reasoning was that the EC were appointed by the Del, their results were deemed unsatisfactory by the public and I was told by the Chief justice this was within my power. I didn't want this mess but given the inability of the courts to rectify the legality of the the election, I was forced into it.

Elu's appointment of the ECs:
http://z13.invisionfree.com/TNP/index.php?showtopic=4682

As to how you were able to discover OK's vote on a secret CLO discussion room, that's a question better answered by Felasia.

 

[Byardkuria]

Court threads need to remain on topic. If you feel a need to question the motivations of requests made by parties, feel free to do so in the split-out thread. If you are not filing a brief or otherwise responding with citation, please do not post here.

 

[Byardkuria]

IN THE MATTER OF

Request for Judicial Review, as filed by Felasia

I'm requesting the court to hold all re-voting on the election for CLO and Delegate.

Reason: The Council of Lower Officers have no jurisdiction all power that's defined by the constitution to make a decision regarding the reelection. They can only halt the vote or any bill, but in order to start another election, they must draft a legislation to declare a previous result null and void and hold another election and put it to vote by the Regional Assembly.

The decision whether to hold the reelection or not must be decided by either the Judiciary or the Regional Assembly.

I also wishes to request court opinion whether the former CLO who had been elected after the Crimson Government is still responsible for using their power on this order since the current CLO election is still not finished and would like to request that all CLO must also places their consent to any decision in public for easy verification by the RA.

Also with all due respect to Tresville, I'm also requesting the court to ask the Administrator team to remove his delegate mask until election is concluded. Eluvatar is still acting delegate until we recieve a new and legitimate election result.

http://z13.invisionfree.com/TNP/index.php?showtopic=4796

I've been informed that the Court has been unable to render a decision on the legality of Tresville's election, in effect also allowing Rhindon Blade to be able to seek re-election. Placing the mess squarely back on our hands.

I have convened the Council of Lower Officers and in a majority vote, they have consented to a revote.

http://z13.invisionfree.com/TNP/index.php?showtopic=3979

Article IV: Council of Lower Officers

Section 1: Membership and Powers

1. The Council of Lower Officers (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.
2. The CLO is to be given access and speaking privileges within the private Cabinet areas but are not allowed to take part in votes of the Cabinet.
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.Article IV: Council of Lower Officers

With all due respect to the Court,
Felasia

Given the provisions of the TNP Law 1, sections 2 and 3, to wit;

Section 2: Oath of Office

The following Oath of Office shall be required for all Government Officials, as according to Section 1 of this Act:

I, (insert forum username), do hereby solemnly swear that during my duly elected/appointed term as (insert government position), I will uphold the ideals of Democracy, Freedom, and Justice of The Region of The North Pacific. I will use the powers and rights granted to me through The North Pacific Constitution and Legal Code in a legal, responsible, and unbiased manner, not abusing my power, committing misfeasance, malfeasance, or nonfeasance in office, in any gross or excessive manner. I will act only in the best interests of The North Pacific, not influenced by personal gain or any outside force, and within the restraints of my legally granted power. As such, I hereby take up the office of (insert government position), with all the powers, rights, and responsibilities held therein.

emphasis added


Section 3: Penalties for Violation

1 - This Oath shall be binding on all government officials as previously covered, and violations of said Oath may be ground for indictment of impeachment charges in a legal Court of The North Pacific, pursuant to the guidelines and procedures laid out in Article IV of The North Pacific Constitution, The North Pacific Legal Code, and the guidelines of The Ministry of Justice.

Chief Justice GROSSESCHNAUZER, the validity of whose position on the Council of Lower Officers has been called into question by the filing, and

Associate Justice BYARDKURIA, a candidate in the election of the Delegate of the North Pacific,

are left with no alternative but to recuse themselves from this case due to the not insignificant possibility of a conflict of interest, or appearance thereof, in entering any decision affecting these positions and/or elections.

Per Article V, section 2, clause 2 of the Constitution of the North Pacific, to wit:

2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.

The Court is unable to enter judgement on the request as filed due to an inability to muster the constitutionally required three-member Judiciary.

ENTERED THIS FIRST DAY OF OCTOBER, TWO THOUSAND EIGHT

CHIEF JUSTICE GROSSESCHNAUZER
ASSOCIATE JUSTICE ROMANOFFIA
ASSOCIATE JUSTICE BYARDKURIA (author)