Civil Complaints

[Greater Peterstan]

I would like to officially request an opinion from the Court concerning the legality and enforceability of civil complaints. Specifically, is there a legal basis and/or precedent for the filing of civil complaints (defamation and libel), and in what ways can the plaintiff be compensated and/or the defendant be punished?

Relevant Law​

Constitution - Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.

Comment: No distinction is made here between criminal and civil. all trial proceedings could be interpreted to allow the possibility of civil proceedings. However, the rest of the section deals specifically (and exclusively) with matters of judicial review of government actions - no mention is made of civil, or for that matter, criminal proceedings.

Bill of Rights

6. No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code ...

Comment:This section is instructive to the court, specifically limiting the extent of the sphere of influence of our law to what is expressly written. Ergo, if civil law was not specifically legislated, the court has no power to act against a nation.

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.

Comment: It occurs to me that if the right to pursue civil compensation was considered "a fundamental principle of democracy" and/or an essential part of the "due process of law" this section could compel the court to hear the case. On balance, though, I think Item 6 speaks more directly.

My Conclusion:​

First, when we bear in mind that TNP is a region composed of nations (as opposed to people and players, as habit sometimes allows us to forget), the appropriateness of civil legal action really becomes doubtful. It is almost unheard of for one nation to sue another, for any reason, let alone for defamation or slander, for a whole host of logical and somewhat obvious reasons.

A surface-reading of the relevant documents shows no specific mention of civil complaints, allowing nor prohibiting. However, in my judgement, had the framers of the Constitution wished to add a mechanism for civil complaints they would have identified that mechanism specifically. To issue a court ruling that would lead to opening an entirely new branch of law would be far overstepping the boundaries of the judiciary.

Greater Peterstan, Associate Justice

 

[Dalimbar]

I suppose at this juncture we'll have to review precedent.

 

[Greater Peterstan]

I may little a little research advice on that - haven't really been down to the stacks yet.