Request for Review: Constitution Article 3

[Oakster]

Jack Eagle, Justice Minister for Oakster, walks into the Court of The North Pacific with the air of someone that feels like he's in the wrong place. He has been mulling over the following Law Review request and trying to find a way to present it in a less formal way for the past day or two, but with no apparent option he fills in the Application for a Law Review.

I hereby request that the Court review the following action situation:

The Most World Assembly Endorsements in The North Pacific

1.[c]The North Pacifican Delegate of Lord Ravenclaw[c]1019[c]2.[c]The Empire of Cheongji[c]890[c]3.[c]The Kingdom of Plemobria[c]884[c]4.[c]The Monarchy of Guslantis[c]852

I believe that the above situation violates the following portion of the Constitution:

The North Pacific Consitution - Article 3
10.. The Vice Delegate will hold the second most endorsements in the region. The Delegate may eject or ban any nation which exceeds any legally mandated endorsement limit.

12. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person shall be elected Delegate to a full or partial term in three consecutive election cycles.

I believe that it has violated the Constitution in the following way:

The Constitution states in Article 3, section 10 that the Vice Delegate has the second most endorsements. The Monarchy of Guslantis who is our current Vice Delegate is 4th.

The Constitution in Article 3, section 12 goes on to state that the Vice Delegate will be voted for every 4 months but this contradicts Article 3, section 10 which expressly states that the Vice Delegate has the second most endorsements which could lead to a situation, maybe as shown above, where the Vice Delegate is voted for by a majority and yet has less than the required World Assembly endorsements.

This action by a government has adversely affected me in the following way:

There is no adverse affect. I am seeking to clarify what appears to be a potential contradiction in the Constitution, and a situation that appears to go against the Constitution.

I am new to the Region and I have been tasked by my Prime Minister to become acquainted with the laws of The North Pacific. I saw this contradiction immediately and having tried to find clarification in the law books, and around the Regional Forum, as to why this situation has developed I am still at a loss. I hope that this request meets your approval and I submit it forthwith.

He files the application with the Administrators, troubled by his thoughts as to whether or not his request could have been filed elsewhere. He knows that any request for reviews involving World Assembly Endorsements and Delegate appointments are automatically eyed with suspicion and seen as some sort of hostile takeover bid but he was convinced by the Prime Minister's points at this morning's Primary meeting that with the region being so strong and organised the Government of The North Pacific will understand that this is simply a point of law review and nothing else.

He shoves his hands deep into the pockets of his jacket and with a frown and his head down he makes his way back to the Oakster Supreme Court of Justice.

 

[YeahJust]

I believe there was a post a few months ago saying this was ok because they were all security counsel members.

 

[SillyString]

Thank you for your request, Oakster.

When ruling on the judicial inquiry filed by flemingovia on the definition of "affected party", the court held:

The affected party must detail in their review request the rights they perceive have been violated and/or the laws put asunder showing a clear connection between the law and how they are personally affected in the situation.

Absent an assertion as to how this situation has adversely affected the petitioner, the court must decline to hear this case.

You would, of course, be free to submit this request to the Attorney General, as that office is constitutionally granted standing in any request for review.

 

[falapatorius]

Outgoing Chief Justice Silly String is correct that the petitioner hasn't met the threshold vis a vis an affected party (according to precedent). However, the Court is shorthanded atm. The petitioner can request that this rejected R4R be examined by the Court as a whole:

Section 2: Appeals

The petitioner in a rejected request for review, as well as any of the participating parties in a criminal trial, may appeal a decision made by an individual Justice to the Court as a whole for consideration.

Standing may/may not change after a full Court review, but it seems premature to reject the R4R without a full Court to determine standing. Particularly as a parting ruling.

 

[Oakster]

Rushing into the Courts with a pile of papers under his arm, Minister Eagle looks like he has ran all the way from Oakster, not just from the local airport.

"Sorry everyone, I got here as quick as I could."

Sitting down, he looks at everyone and quickly introduces himself as the Justice Secretary for Oakster.

"Let me just catch up"

He glances at the paperwork...

Listening to YeahJust talk, a puzzled look came over his face, and he quickly opens the law books on the table.

"I would appreciate if you could point out where that decision was recorded Mr YeahJust so that I can look at it in full but considering that Article 7, section 14 of the Constitution of The North Pacific clearly states, and I quote, 'No law or government policy may contradict this constitution' and the Bill of Rights for The North Pacific, section 11 clearly states, and I quote again 'No governmental authority of the region has the power to suspend or disregard the Constitution or the Legal Code', I fail to see how that would be a legal decision."

Listening as Chief Justice SillyString makes his judgement, he glances down at the Government Member list and notices that the Attorney General position appears to be vacant...

"Sir, am I able to change the application considering we apparently have no Attorney General? The change would be based on the revelation by YeahJust who has suggested that someone has attempted to overrule the Constitution and the Legal Code 'a few months ago'. It is clear that I, and all Nations, Residents and Citizens of The North Pacific are now affected. When any Nation, Government Official or Department ignores the Constitution and the Legal Code and that action is further ignored by the Government and the Courts, there is a clear threat to democracy and the rule of law which could have wide and far reaching implications for us all."

He looks at falapatorious and listens as he talks. Looking over the relevant rule pointed out to him, Eagle continues,

"Thank you for pointing that out. If Chief Justice SillyString would like to advise which course is best I will act accordingly"

"Sir?" He says, looking at Chief Justice SillyString for direction...

 

[MacSalterson]

We still have a functioning Attorney General's office (despite some people's best efforts). Sasten is the acting Attorney General with me as the only surviving deputy AG, after Tomb left, and Abac and Roman abandoned ship in relatively short order. Elections for the Judicial branch are also concluding tomorrow.

By the way, TNP Government affairs are not RP. They're separate, which is probably for the best.

 

[falapatorius]

By the way, TNP Government affairs are not RP. They're separate, which is probably for the best.

I would disagree. I commend Oakster for taking an interest in TNP Legal affairs. He/she has raised an issue I believe has been ignored (and probably will continue to be ignored). Addressing the Court in an RP fashion is quite appropriate imo.

We still have a functioning Attorney General's office (despite some people's best efforts).

Do we? If that's the case, it's a good thing elections have been held to remedy that.

 

[Oakster]

Jack looks at the man as he enters the room and introduces himself as the Deputy Attorney General.

"Good morning Sir. I apologise for not recognising you sooner but the list of Government Positions doesn't include an Acting or Deputy Attorney General and so I was unaware there was one."

Listening to the Deputy's 'despite some people's best efforts' comment, he begins to wonder that things may not be quite right in the Government Halls of The North Pacific. He makes a note.

As the Deputy continues, Jack happens to look down at The North Pacific's Bill of Rights and catches a glimpse of the Free Speech clause...

"Elections for the Judicial Branch, how wonderful. Democracy at work", he says with a smile.

 

[falapatorius]

Listening to the Deputy's 'despite some people's best efforts' comment, he begins to wonder that things may not be quite right in the Government Halls of The North Pacific. He makes a note.

Welcome to TNP.

 

[Oakster]

Jack carries on looking for a 'Judicial Election' announcement or post in The North Pacific official records which is turning out to be harder than he expected.

He has one ear on the rumbling argument between falapatorius and the Deputy Attorney General. He doesn't look up but has a wry smile to himself as he hears the last comment that confirms his suspicions.

 

[MacSalterson]

By the way, TNP Government affairs are not RP. They're separate, which is probably for the best.

I would disagree. I commend Oakster for taking an interest in TNP Legal affairs. He/she has raised an issue I believe has been ignored (and probably will continue to be ignored). Addressing the Court in an RP fashion is quite appropriate imo.

We still have a functioning Attorney General's office (despite some people's best efforts).

Do we? If that's the case, it's a good thing elections have been held to remedy that.

I agree that it's commendable that new nations take an interest in the Judicial system and the general government of the region, but RP has its place, and its place is the RP forum. I have no issue with him presenting this case, I have a problem with the mixing of IC and OOC affairs.

It would appear you have an issue with the state of the AG's office. Oh well. Cleaning up after the elected AG abandons office is never easy.


@Oakster, you'll find the election in the Agora forum, under the elections sub-forum. Unfortunately, you've arrived too late to vote, as you must have been a citizen prior to the commencement of voting in order to vote. Stick around for the September General election, where we'll be voting for Delegate, Vice Delegate, and Speaker.

 

[falapatorius]

It would appear you have an issue with the state of the AG's office. Oh well. Cleaning up after the elected AG abandons office is never easy.

Heh. The AG's office is vacant. Enough said.

 

[Oakster]

Jack looks at the Deputy Attorney General and scratches his head in complete confusion.

"May I point out some things to you Sir. Firstly, you are the Deputy Attorney General and yet you seem to completely disregard the Bill of Rights which gives me the right to Free Speech. Do not stand there, in that role, in the Court of The North Pacific and tell me that I am only allowed free speech as long as I deliver it how you wish. If you continue to suppress my rights I will be forced to take legal action."

"Secondly you keep talking about [IC] and [OOC], terms which I'm not entirely sure of, but as Jack Eagle, Justice Secretary for Oakster, a NationStates Nation in the Region of The North Pacific stood in a Court talking about a Constitution sounds completely [IC] to me and I will continue to be heard. How I choose to represent the Great Nation of Oakster is of no concern of yours and I will carry on."

He sat down, red faced and slightly angry. Taking a sip of water from the bottle on the desk he takes a deep breath. Standing up again he continues,

"Thank you for pointing out the location of the election information I will make sure I take a look."

Sitting down once more he starts typing on his laptop.

 

[MacSalterson]

It would appear you have an issue with the state of the AG's office. Oh well. Cleaning up after the elected AG abandons office is never easy.

Heh. The AG's office is vacant. Enough said.

According to some, it might be. According to others, it isn't. I'm starting to wonder why you don't run for office more, seeing as you love the judicial branch so much.

Jack looks at the Deputy Attorney General and scratches his head in complete confusion.

"May I point out some things to you Sir. Firstly, you are the Deputy Attorney General and yet you seem to completely disregard the Bill of Rights which gives me the right to Free Speech. Do not stand there, in that role, in the Court of The North Pacific and tell me that I am only allowed free speech as long as I deliver it how you wish. If you continue to suppress my rights I will be forced to take legal action."

"Secondly you keep talking about [IC] and [OOC], terms which I'm not entirely sure of, but as Jack Eagle, Justice Secretary for Oakster, a NationStates Nation in the Region of The North Pacific stood in a Court talking about a Constitution sounds completely [IC] to me and I will continue to be heard. How I choose to represent the Great Nation of Oakster is of no concern of yours and I will carry on."

He sat down, red faced and slightly angry. Taking a sip of water from the bottle on the desk he takes a deep breath. Standing up again he continues,

"Thank you for pointing out the location of the election information I will make sure I take a look."

Sitting down once more he starts typing on his laptop.

Remind me how exactly I'm impinging your freedom of speech? I am, as I've stated before, completely fine with you presenting this case. I simply informed you, and many others would have done the same I assure you, that the Court, as part of the Government of TNP, is an Out of Character (OOC) construct, completely separate and exclusive with what is considered canon in the In Character (IC) universe. I'm sure our RP moderator (St George/madjack) would be more than willing to tell you the same thing. I am more than happy to engage with you (or anyone, for that matter) in terms of RP, but only so long as it is in the proper channels. IC and OOC should never mix.

 

[Pauline Bonaparte]

A nameless bureaucrat working for the office of Her Majesty's Counsel cleared his throat. Like most Myrorians, he had dark eyes and looked rather pale inside his dark business suit, tailored to appear like a fusion between conventional and traditional style. A small amount of black hair sat upon his scalp, the front rapidly thinning despite his relatively young age. Near the back of his neck, his do was beginning to curl, as if he had had to cancel an appointment with the barber. On his left lapel he wore a pin denoting his membership in Great House Quarrovth - the party of power in Myroria's peculiar political system, and one that he had no great attachment to other than as a means to climb the legal-corporate ladder.

"We all play a character," he said solemnly. "Some just play their role differently from others. How many among us, in this community of attorneys, finds the laws of our region to be of great import in our personal lives? How many among us would live as good and righteous people without them? And how many were attracted to this discussion of admittedly minor import due to its strange... novelty?

"I suppose I am waxing poetic," he said, leaning back in his chair. "I could have easily have said, 'everyone needs a hobby'."

 

[Oakster]

Sighing, Jack turns to Yeraennus,

"You have twice, three times now, said that I can only talk in a manner that suits you, do you not consider this an attempt to restrict my free speech? Considering the fact that you seem to be perfectly able to communicate with me I don't understand why I have to talk in your dialect?"

"I have been in these areas that you refer to where people talk... err... [IC] as you call it, and I agree they need moderating! I was twice shot at by a flying supertwoozle which was apparently an unauthorised lazer weapon according to the Doo-Lally state of Tuk Nuk!"

"I however have raised a perfectly valid point of law. A contradiction in your own Constitution, that is being supported by your Government despite it being apparently completely against your Constitution to do so. I have submitted this review in a language that you all understand as shown by the responses by everyone else apart from you"

"Forgive me Sir, but I don't need moderating. I am entirely fixed in the here and now and will remain so."

Jack turns back to the Chief Justice to see if he is going to reply to his request for direction and notices another person enter the court room. Not being sure how many people the room can take, he nods in agreement at the man's comments.

 

[SillyString]

Everybody cut it out. Right now.

Oakster, I do not care if you want to RP this, but I do not plan to respond in kind and, I would bet, neither do many others. Yeraennus is attempting to warn you that not everyone will be as comfortable with an RP approach as I am, and you may be told by future courts to cut the RP and speak plainly. Continue At Own Risk.

Allegations of suppression of free speech belong in the AG's office, not in this thread.[note]where I may again have to deal with it depending on the results of this election. oh joy, oh rapture.[/note] Further digressions will be split and moved.

As to the actual matter (and Falapatorius' point): The Court (as a three-person body) is tasked with, among other things, reviewing the constitutionality/legality of laws, policies, and actions. This is laid out in the Constitution. However, denying a request for review is not in and of itself a ruling on the legality of the matter it pertains to, and within the Adopted Court Rules all justices are empowered to accept or deny a request.

I will grant, this is not the clearest legal situation. However, by my reading, a request may be accepted or denied without a full Court being in session, but no rulings may be given and no appeals may be heard. So, as of now, my denial will stand.

Oakster, if you wish to appeal the matter of your standing to a three-person court, I can either name a temporary hearing officer or you can wait until the new court takes office shortly - it's up to you. Alternatively, you can submit the request to the current AG's office or to the incoming AG and ask them to take it up for you.

Personally, I hope you choose the latter - the AG's standing cannot be questioned[note]no matter how hard certain people might try to pretend that clause doesn't exist[/note] and, assuming and hoping I will be part of the AG's office in some capacity next term, the subject matter for your request is something I am, let's say, extremely interested in.

 

[Oakster]

"I am grateful for your advice on this matter Chief Justice. I will file this with the Attorney General's Office."

"I also appreciate your comments about my dialect. I'm not sure why.people get so excited just because i choose to talk in italics with speech marks. Would your comments be irrelevant if you chose the same pattern of speech? I think not."

Packing his things away, he heads off to the Attorney General's office.