Interview with Sillystring post Judicial Elections November 2018

Marcus Antonius

Per Ardua Ad Astra
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Interview with Sillystring post Judicial Elections November 2018

November 15, 2018

Marcus Antonius
Hello I am Marcus Antonius, I am writing an article for TNL. I am interviewing all the winners of the recent judicial election. Do you mind taking part?

November 16, 2018

Marcus Antonius
I have carried out my interview with Eluvatar - would you like to be next?


Asta
Sure


Marcus Antonius
Thank you. Firstly may I pass on my congratulations on your success. Okay we shall start with the questions(edited)What made you interested in law within TNP?


Marcus Antonius
Sorry Asta, just missed you, I shall get back to you, if that's OK ? Please feel free to answer the first question. O7(edited)I am in the UK it's 2325 hrs GMT at the moment.

November 17, 2018

Asta
That's a little bit tricky to answer, since I've been interested in law for years. When I was younger I considered going to law school, and writing and interpreting laws has pretty much always been something I've been drawn to in NationStates. Once I joined TNP, it was kind of inevitable that it would happen.


Marcus Antonius
Thank you. How did you start to gain knowledge on the law?


Asta
in TNP, or in general?


Marcus Antonius
In TNP.(edited)


Asta
COE brought me into TNP to be a deputy speaker. He was going to be away for a few weeks of his term and wanted a deputy he could trust to take over and run the office while he was gone. Obviously, the speaker's office is one that deals a lot with laws and interpretation and everything so it was a really good crash course.


Marcus Antonius
Thank you, that is interesting., were you in a different region then?(edited)How did you gain experience?


Asta
Yes, I started out in Equilism, and I also spent some time in OsirisI suppose I got experience the usual way? Holding different positions, getting involved, that kind of thing.


Marcus Antonius
I think you already answered the next question - What 'stepping stone' got you into a position to run for justice the first time?Do you think there should be a way to train up in Law within TNP?(edited)


Asta
Well, I think the speaker's office is already a pretty good way to start. You have to be familiar with procedures in the RA, and with the documents more generally. Following debate, putting laws to vote, and editing them into the constibillocode gives someone lots of chances to familiarize themselves with different aspects.But I would agree that we don't really have a good way to teach people deeper principles of law right now, and that can lead to problems when inexperienced justices get elected.There's also not a comprehensive collection of things the court has said and done outside of official court rulings, which can lead to inconsistencyThe problem is finding the right way to implement any sort of training.


Marcus Antonius
That is a very interesting and informative answer. Could you elaborate on 'constibillocode' please?(edited)If this is not relevant to Law etc- we can skip that question.


Asta
Constitution + Bill of Rights + Legal Codeit's a term coined by Mall to reference all three documents in one word :P


Marcus Antonius
I see.Do the Ministries serve at the behest of the Delegate? If not - if they are independent - do you think a Ministry of Justice should exist?


Asta
ministers are appointed by the delegate, yesI'm not sure what you're envisioning with a ministry of justice - can you clarify?(I'm american, we don't have that here)


Marcus Antonius
Apparently a Ministry of Justice did exist within TNP - Like the other ministries there would be lower grade officials carrying out work - for instance, in law there would be secretaries and solicitors carrying out more general legal procedures.(edited)


Asta
there was a "minister of justice" under the old NPD, but that was a dictatorship and the minister existed just to find people guilty.I'm still not clear on what you mean by carrying out workwould the ministry be prosecuting people? defending them? being the courts?


Marcus Antonius
Now that is interesting - Maybe I have got the UK system and American system at cross purposes. By your answer, I take it that all legal work is carried out by justices?


Asta
Again, not clear on what you mean by "legal work"the court hears criminal cases and rules on requests for reviewit doesn't prosecute or defend people though


Marcus Antonius
Court procedures, legal cases. treaties and the writing up of laws etc.So in a criminal case who defends or prosecutes?


Asta
The attorney general frequently prosecutes, but if they decline to do so anybody can. The defendant can defend themselves, or can select anybody to be their defense counsel.The court writes its own procedures. The delegate and FA ministry write treaties. The RA writes laws.


Marcus Antonius
Thank you - this interview is becoming very interesting and informative.What factors are important in the race to become a justice?


Asta
Do you mean what factors do I personally look for when voting for justices, or what factors does the general TNP public seem to value?


Marcus Antonius
If you are comfortable in answering both sides of the question, please do.(edited)


Asta
It's my observation that the general public really likes name recognition. They like to vote for people they've seen around before. Demonstrating knowledge of TNP laws and procedures is a bonus.Well, that's not entirely fair.It's more that people who've served in other offices kind of get the benefit of the doubt and people assume they have enough knowledge to serve on the court. Newcomers have to show it more explicitly to have a real shot.Me personally, I look for people who have a grasp of the laws, the role of the court, and who can show some critical thinking about tricky questions, even if they don't approach them the same way I would.


Marcus Antonius
Thank you Asta - you are doing really well - only two more questions left In the case that all candidates are qualified, is there a risk that the election becomes a popularity contest?


Asta
I suppose, but an election is always a kind of popularity contest - people vote for who they most want to serve in that office. You can't really say for sure whether a voter wants a particular candidate in the office because they like them better, because they think they're more qualified, because they think that person will make decisions they agree with, etc.And if all candidates are well-qualified, I think it's incorrect to say that an election being decided on popularity is a "risk". You have to make decisions somehow, and as long as you're not voting for someone you think isn't qualified just because you like them, I personally think any method you use is gonna be pretty valid.


Marcus Antonius
This should be the final question.Bearing in mind a newcomer will have no knowledge of the law and no experience. What advice would you give to a newcomer to TNP who is interested in becoming a justice?


Asta
Justice isn't, in general, an entry-level role. TNP has 6 years of history under just this constitution; if you try to jump into it without some basic groundwork first, you're gonna have trouble.In my opinion, it's best to start out by participating and learning. Read the laws. Draft and critique RA proposals. Maybe serve in the speaker's office. Ask questions of people who seem to know their stuff.


Marcus Antonius
Well Asta, you certainly seem to know your stuff. Thank you very much for your time. It has been a pleasure speaking with you. I wish you all the very best for the future.
 
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