Eluvatar is Justice

[Eluvatar]

I am a Justice of the Court. You elected me four months ago. I will continue to serve, if you'll have me.

Spoiler: This is not real life, but nor is it fantasy.

I'm on the constitution's side, no escape from democracy.
Open your eyes, look up the laws and see:
I'm just your servant, I need no sympathy,
Because I'm easy come, easy go. Voting in, voting out,
Anyway the wind blows doesn't really matter to me.

I've been around a while: on and off since mid-2006. In 2008 I was elected Delegate of the region for the first time, and served one term. I led us out of the aftermath of the Crimson coup of February-April and dealt with renewed conflict with Gatesville over "The Empire" in The East Pacific. I was a Vice Delegate and early Security Council member subsequently. I got more active again around 2011, rejoining the Security Council and serving as Attorney General. Then in 2012, I pulled together the Progressive Party movement which led to a large-scale revamp of our laws and constitution that year, alongside Gulliver, McMasterdonia, and others. I served as Delegate for the second time, then. I established the Information for Voters program. I was an advisor to r3naissanc3r as he brought about the World Assembly Development Program. I also served as Delegate one last time in 2015. I have authored a number of bills to alter our regional laws, and contributed thought and words to others.

Carefully thinking about our laws is one my favorite ways to participate in The North Pacific and I like to think I'm contributing by doing my best. I'm a pretty busy bee, but I have been able to make time for requests for review that came before this Court this term, and will make myself available should a trial be necessary. Should you entrust me with the work of adjudication again, and give me the opportunity to enjoy the meticulous and scrupulous application of our laws and principles, I will do my utmost to deserve that trust and serve justice as Justice.

I would be happy to answer any questions you have.

 

[Wonderess]

Do you think it is good that the court generally go unused or would you like there to be more deliberations? Do you think it is the process of submitting a case that keeps people away or the genuine lack of necessity of the courts at current?

 

[Eluvatar]

The courts seeing less use is usually a good sign. That we don't have a lot to react to means that little illegal is happening. So long as that doesn't mean that little of anything is happening, that's good.

Obviously we do need to remember how to do our job, but I think we have that under control.

 

[mcmasterdonia]

Do you think that Fudge’s involvement in the Wizengamot was an acceptable demonstration of the separation of powers in action?

Do you think the Delegate presiding over a full criminal trial for a simple matter of underage magic would be appropriate in TNP?

Can laws be changed if necessary? Should they be?

 

[Eluvatar]

Do you think that Fudge’s involvement in the Wizengamot was an acceptable demonstration of the separation of powers in action?

There were a number of procedural flaws with the judicial hearing depicted in the early chapters of Harry Potter and the Order of the Phoenix. Firstly, as your question suggests, it is concerning that the body hearing the matter was led by the head of government, whose government had accused the subject of the hearing of a crime. This is not consistent with the Montesquieu doctrine of separation of powers. Secondly, within the hearing, Fudge appears to act both as prosecutor and as presiding officer over the courtroom. This is not compatible with our expectations of adversarial justice. Further, when such an inquisitor has a personal interest in the outcome of a hearing, there is little hope of justice. Thankfully, there was a broader body of decision makers whose vote was needed to render a decision, and whose position was swayed by a strong judicial argument on the defendant's behalf.

Do you think the Delegate presiding over a full criminal trial for a simple matter of underage magic would be appropriate in TNP

There is no trial over which the Delegate could appropriately preside in TNP. Matters of underage magic are also outside our jurisdiction, and should by rights be remanded to other authorities.

Can laws be changed if necessary? Should they be?

What needs must, drives. In other words, if they need to be changed they will, should, and can be changed. Dumbledore.

 

[Dinoium]

It is good to see you running for reelection. I wish you godspeed on your campaign and on the election.

My question is:

How do you think the mentioned positions in your campaign relate to your campaign and make you a better candidate for Justice?

 

[mcmasterdonia]

There were a number of procedural flaws with the judicial hearing depicted in the early chapters of Harry Potter and the Order of the Phoenix. Firstly, as your question suggests, it is concerning that the body hearing the matter was led by the head of government, whose government had accused the subject of the hearing of a crime. This is not consistent with the Montesquieu doctrine of separation of powers. Secondly, within the hearing, Fudge appears to act both as prosecutor and as presiding officer over the courtroom. This is not compatible with our expectations of adversarial justice. Further, when such an inquisitor has a personal interest in the outcome of a hearing, there is little hope of justice. Thankfully, there was a broader body of decision makers whose vote was needed to render a decision, and whose position was swayed by a strong judicial argument on the defendant's behalf.

There is no trial over which the Delegate could appropriately preside in TNP. Matters of underage magic are also outside our jurisdiction, and should by rights be remanded to other authorities.

What needs must, drives. In other words, if they need to be changed they will, should, and can be changed. Dumbledore.

This is beautiful. Full support.

 

[Oracle]

Full support as well!

 

[Eluvatar]

How do you think the mentioned positions in your campaign relate to your campaign and make you a better candidate for Justice?

In my relation of my history in TNP I focused on my involvement in legal and other reforms to the region. Those actions show that I know what I'm doing legally speaking, allow me a thorough understanding of our laws, and show that I have genuine interest in the matter.

 

[Darcania]

What are your thoughts on the perennial concern that reviews take a significant amount of time to finish?
Do you believe the CRaP should be updated to consider a more realistic time frame?
Do you believe the period for submitting briefs should also be extended to give those more time to be drafted as well?
Do you believe the Court should endeavor to check in with the public review thread with updates on a regular basis?
What are your thoughts on the idea that the Court rarely sees new faces on the bench?

 

[Oracle]

What are your thoughts on Justices being appointed by the Delegate and confirmed by the Regional Assembly for a six month term?

 

[Eluvatar]

What are your thoughts on the perennial concern that reviews take a significant amount of time to finish?

Speediness is needed. But that need has to be balanced by the need for procedural correctness (mainly involvement of a full 3 person panel) and the need for correctness in judgement. We can make reviews faster by making those easier to achieve, and I would ask whomsoever is elected Justice this month to consider suggestions on that point.

Do you believe the CRaP should be updated to consider a more realistic time frame?

Maybe.

Do you believe the period for submitting briefs should also be extended to give those more time to be drafted as well?

I think that those who wish to file a brief should be encouraged to say so, and to engage on how long they will need. For one thing, that would give the Court a better idea of how much time to give by default.

Do you believe the Court should endeavor to check in with the public review thread with updates on a regular basis?

Yes, giving updates on progress can be helpful. However, when there's a limit to how much can be said it can be difficult. There's also a tendency to see a ruling as closer than it actually is, and to hope no update will be needed as the ruling can be posted shortly <.<

What are your thoughts on the idea that the Court rarely sees new faces on the bench?

I don't think that's entirely true. In the last year, we've seen Zyvetskistaahn, Scorch, Lord Lore, Limerick1, SillyString and I serve as Justices, and seen Sasten, Crushing Our Enemies, Sil Dorsett, and Owenstacey serve as Temporary Hearing Officers. Granted, I may have a different perspective on what "new faces on the bench" means.

What are your thoughts on Justices being appointed by the Delegate and confirmed by the Regional Assembly for a six month term?

If a supermajority is required for confirmation and if the term is for four months it wouldn't worry me too much. I think our experience with six month terms in the 2007-2012 period showed us that six month terms are just too long. I think that allowing the Delegate to nominate Justices can be too much power, and only requiring that the nominees receive a broad consensus can temper that. My first thought however is that I'd still rather not give the Delegate the sole power to nominate. They have quite enough, within the executive sphere.

 

[Yuno]

BLUE TURTLE FOR JUSTICE!

WILL THE ANIMALS TAKE OVER TNP