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[DEFEAT] The Administration of Justice Amendment Act
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Hugsim
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    The Administration of Justice Amendment Act

    1) This Act shall be cited as the Administration of Justice Act

    2) Article I, Section 1 of the Fundamental Laws of Wintreath shall be amended as follows:

    Quote
    1. The legislative authorities and duties of Wintreath shall be vested in a bicameral legislature called the Storting, which shall consist of a lower chamber called the Underhusen and an upper chamber called the Overhusen.

    3) Article III of the Fundamental Laws of Wintreath shall be amended as follows:

    Quote
    The Lagmand Rådet
    1. The judicial powers and duties of Wintreath shall reside with a council of judges called The Lagmand Rådet.

    2. The Lagmand Rådet shall be comprised of any number of Lagmen who have applied for the position and been accepted by a majority of the both chambers of the Storting as well as the Monarch. Lagmen must have been Citizens of Wintreath for the last four months and must have been a current or past member of the Storting.

    3. The Storting shall have the authority to determine any procedures for approval of Lagmen in line with the specifications of this Article.

    4. Lagmen shall be removed from the Lagmand Rådet if they fail to meet any of the criteria listed in Section 2, or if a petition for their removal is passed by both chambers of the Storting and approved by the Monarch.

    Selection of Lagmen
    5. Upon the filing of each case, the Monarch shall select three Lagmen to serve as judges at random, utilizing a method approved by the Storting. Lagmen who have been named as the petitioner, respondent, plaintiff, or defendant to the case shall be ineligible to serve on the case and shall be skipped over if selected.

    6. In the event that a Lagman has been absent for five days, has been removed from the Lagmand Rådet in accordance with Section 2, or recuses themself from the case, the Monarch shall select another Lagman under the specifications listed in Article 4.

    7. The presiding Lagman shall be the judge on the case that was selected earliest.

    Case Procedures
    8. All trials and cases shall proceed along the procedures established by the Storting.
    After discussing with my SPT, I have decided to re-introduce this bill as the vote for it wasn't completed last term. The other vote will be declared invalid and this bill will be up for debate for the standard 48 hours.
    1 person likes this post: Michi
    Skrifa of the 8th Underhusen
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    Joshua Bluteisen
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  • Do we really need a judiciary? Given our relatively small size, it'd make more sense to handle issues with clanmates administratively rather than rely on a new position for it.


    This is a general comment directed at the amendment re; Article III.
    « Last Edit: December 16, 2014, 01:25:49 AM by Joshua Bluteisen »
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    Reon
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  • Now, that is a difficult question... And one that the last group hardly even discussed. Which does actually give us some room for new discussion, which I think is valued.
    So let's look at the basics. Wintreath is a constitutional monarchy. This means that we choose to live and die by the Monarch, albeit with some rules. Now, in our particular constitutional monarchy the monarch actually has a fantastic amount of power. An absurd amount. In fact any more and this would be an absolute monarchy. That combined with the fact that the monarch also happens to be the Forum Admin we're getting pretty fucking close. Now we've all chosen to live by those rules by our own choice and were conscious of this. An it's really worked out because Wintermoot isn't a dick and this has gotten us by rather nicely.
    Which leads to little issues like this one: Moot can decide a case before it's done either way. Likely wouldn't but can. Moot can say, "Naw, fuck that dude.", declare PNG, and kick them out... I believe that a reason is technically required to be given but there are no limits or rules about what that reason is. He could write "Because Mr.Pipples told me to." and that would be acceptable. Because that's how a monarchy works.
    And before anyone talks about impartiality and fairness, I'll address that point. Actually, let me start a different way. A more honest way. I don't believe that fairness fucking exists. I believe that there is no system where we can treat everybody equally or where we can avoid being human and judging someone too quickly on a basis that doesn't exist. I don't think it's possible. But now that you know that I can start into a more logical and founded defense against Fairness.
    As we talked about today in IRC, assuming that all the people who voted in the last election are relatively active that gives us a maximum of six people who do not have a conflict of interest and are impartial. That's a maximum. Now that proves pretty difficult in the way of having a fair system. Because if you need that many it would be pretty hard to regularly run a system and there's also no guarantee that those six are generally considered to know what the fuck is going on. Besides that, they still have communication with other people. Their "impartiality" would likely sway with the crowd. Not to mention the ideas of bribes, of many kinds. Making our likely size of genuinely impartial people quickly look to be about the size of zero.

    In short: I actually agree with Joshua. Based on the facts and looking at it there is absolutely no reason at all to have this be a public setup spot... None at all except to look more like proven faulty systems like the ones we find in the real world and elsewhere in nationstates.

    Tl;dr? Wintermoot is god-king, which we are all in general alright with and there's really no difference between him and possibly other admins deciding shit and a group of random people doing it. Except that maybe Wintermoot isn't such a huge fucking dick.
    2 people like this post: Joshua Bluteisen, Ulkhak
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    Hugsim
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  • The 48 hours of debate has come to an end. Do we have a motion?
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  • I motion to vote!
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    Dawsinian
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  • Mr. Speaker, I second my Honourable friend's motion to vote.
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    Hugsim
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  • This bill is now going to a vote.
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