Review of WA Requirements in Elections
- Thread starter Hileville
- Start date
Gaspo
TNPer
The Court in this matter faces three questions:
1.Does the requirement for WA disclosures when voting stem from any legal duty established through the Constitution and other Laws of The North Pacific?
2.In the absence of an appointed registrar to whom disclosures may be made, is failure to disclose grounds for disqualification of a vote?
3.Are the WA disclosures required by Section 6.2 in conflict with the Bill of Rights’ Equal Protection Claus (Clause 10)?
To put those anxiously awaiting simplified answers at ease, The Court has answered these questions as follows:
1.No.
2.No.
3.No.
Regarding the first point, a simple search of the text of the law finds no disclosure requirement specifically related to elections; only the overarching requirement which must be met in an ongoing fashion to maintain Regional Assembly membership.
The second issue, regarding vote disqualification, is similarly simple. The Court can find no basis in the law which requires that votes be discarded if disclosure requirements are not met in the absence of a registrar. In criminal law, the impossibility of avoiding an offense (provided one has not exercised volition in leading to the inevitability) is a complete defense to criminal liability. The same is true here; the impossibility of reporting which would result from the absence of a duly appointed registrar is not a reasonable barrier to the voting rights of citizens.
On the third point, the Court must examine the law in its entirety to determine whether or not WA Membership is a requirement, or a choice. At no point, under the Constitution or any element of the Legal Code, is World Assembly membership a requirement to participate. Membership alone is a choice. Choices come with consequences; some choices ease burdens, others impose them. The protections in the Bill of Rights are intended to protect all Nations of the North Pacific from unfair burdens imposed by their government. WA membership, however, is a choice, not an obligation.
Participation in activities which require WA membership is a choice, not an obligation. As such, any duty to report WA nations is, in effect, willingly shouldered by those players who choose to participate in such activities. The reporting requirements are imposed fairly, on all nations. That some nations choose to join the WA, thereby triggering this reporting requirement, is not a choice made for those players; it is a choice made by them. As such, the burden of reporting is willingly shouldered, and is not an unfair burden.
1.Does the requirement for WA disclosures when voting stem from any legal duty established through the Constitution and other Laws of The North Pacific?
2.In the absence of an appointed registrar to whom disclosures may be made, is failure to disclose grounds for disqualification of a vote?
3.Are the WA disclosures required by Section 6.2 in conflict with the Bill of Rights’ Equal Protection Claus (Clause 10)?
To put those anxiously awaiting simplified answers at ease, The Court has answered these questions as follows:
1.No.
2.No.
3.No.
Regarding the first point, a simple search of the text of the law finds no disclosure requirement specifically related to elections; only the overarching requirement which must be met in an ongoing fashion to maintain Regional Assembly membership.
The second issue, regarding vote disqualification, is similarly simple. The Court can find no basis in the law which requires that votes be discarded if disclosure requirements are not met in the absence of a registrar. In criminal law, the impossibility of avoiding an offense (provided one has not exercised volition in leading to the inevitability) is a complete defense to criminal liability. The same is true here; the impossibility of reporting which would result from the absence of a duly appointed registrar is not a reasonable barrier to the voting rights of citizens.
On the third point, the Court must examine the law in its entirety to determine whether or not WA Membership is a requirement, or a choice. At no point, under the Constitution or any element of the Legal Code, is World Assembly membership a requirement to participate. Membership alone is a choice. Choices come with consequences; some choices ease burdens, others impose them. The protections in the Bill of Rights are intended to protect all Nations of the North Pacific from unfair burdens imposed by their government. WA membership, however, is a choice, not an obligation.
Participation in activities which require WA membership is a choice, not an obligation. As such, any duty to report WA nations is, in effect, willingly shouldered by those players who choose to participate in such activities. The reporting requirements are imposed fairly, on all nations. That some nations choose to join the WA, thereby triggering this reporting requirement, is not a choice made for those players; it is a choice made by them. As such, the burden of reporting is willingly shouldered, and is not an unfair burden.
Gaspo
TNPer
Works for me. I thought about adding a bit about how from a policy perspective, it is not in the best interests of the region to eliminate the last shred of effort required to actually participate in the region, beyond voting, but I leave that up to you. It's not explicitly within the scope of this, but i suspect that this ruling will result in the requirement being dropped, and from a policy perspective I think that's a terrible idea.
Ruling of the Court of the North Pacific
In regards to the Judicial Inquiry filed by Cormac Stark on WA Disclosure Requirements
The Court took into consideration the Inquiry filed here by Cormac Stark.
The Court took into consideration the Relevant sections of the Legal Code, Constitution, and Bill of Rights of the North Pacific:
The Court opines the following:
The Court in this matter faces three questions:
1.Does the requirement for WA disclosures when voting stem from any legal duty established through the Constitution and other Laws of The North Pacific?
2.In the absence of an appointed registrar to whom disclosures may be made, is failure to disclose grounds for disqualification of a vote?
3.Are the WA disclosures required by Section 6.2 in conflict with the Bill of Rights’ Equal Protection Claus (Clause 10)?
To put those anxiously awaiting simplified answers at ease, The Court has answered these questions as follows:
1.No.
2.No.
3.No.
Regarding the first point, a simple search of the text of the law finds no disclosure requirement specifically related to elections; only the overarching requirement which must be met in an ongoing fashion to maintain Regional Assembly membership.
The second issue, regarding vote disqualification, is similarly simple. The Court can find no basis in the law which requires that votes be discarded if disclosure requirements are not met in the absence of a registrar. In criminal law, the impossibility of avoiding an offense (provided one has not exercised volition in leading to the inevitability) is a complete defense to criminal liability. The same is true here; the impossibility of reporting which would result from the absence of a duly appointed registrar is not a reasonable barrier to the voting rights of citizens.
On the third point, the Court must examine the law in its entirety to determine whether or not WA Membership is a requirement, or a choice. At no point, under the Constitution or any element of the Legal Code, is World Assembly membership a requirement to participate. Membership alone is a choice. Choices come with consequences; some choices ease burdens, others impose them. The protections in the Bill of Rights are intended to protect all Nations of the North Pacific from unfair burdens imposed by their government. WA membership, however, is a choice, not an obligation.
Participation in activities which require WA membership is a choice, not an obligation. As such, any duty to report WA nations is, in effect, willingly shouldered by those players who choose to participate in such activities. The reporting requirements are imposed fairly, on all nations. That some nations choose to join the WA, thereby triggering this reporting requirement, is not a choice made for those players; it is a choice made by them. As such, the burden of reporting is willingly shouldered, and is not an unfair burden.