Post #150917
August 16, 2020, 01:05:17 AM
So in regards to this bill, I just want to clarify that we select judges based upon case? So if there were two cases, two panels of judges would be selected, rather than one panel overseeing both cases?
IMO, I would prefer if we could look into some kind of permanent judicial branch staffed with legal experts. I think selecting this panel from the skrifa is kind of a toss up, as the people composing the storting may not be legislative/legal experts at a given time. The judicial branch likely wouldn't see much activity -- but that's kind of the point. It's supposed to be an independent selection of legal experts who know what they're doing and can step in as a last resort. I know it's likely this has been brought up before, so I'm open to hearing reasons why we haven't adopted this in the past.
What is the point of repealing 6.2? Was it not accomplished, or simply outdated? If it's just outdated, I would prefer that we leave that clause in, it doesn't hurt in any way, and I think it's important to have that kind of record/bookkeeping in our laws.
In regards to dismissal, I would caution against at any time. If someone were to commit a crime for example, and the judges panel was composed of their friends, this rule could be easily abused to dismiss the case right after it's even presented. I would prefer some kind of window, such as after initial evidence is presented.
Also--are cases accepted immediately? If a case is obviously fraudulent, I could see a possibility in which someone determines not to take the case on at all, which would hopefully cut down on unnecessary cases/cases with no grounds. But if a case is accepted, I think it's worth hearing the evidence before simply moving past the case. I also think it would be cool if there could be some kind of referendum to force the judges to try the case if there is a significant amount of public opinion for the case to hold the judges accountable, but IDK about that idea specifically. Lastly, I'm not so sure if a case is 'to be terminated as it was never filed'. I think a record of that case should still be around, with a reasoning of why a case was terminated, to help serve as future precedent, or whatever. Maybe I'm being picky with the wordchoice, but I feel like given the current condition, I could sue a whole bunch of people and take them to court over ridiculous/fake reasons, and no one would be able to do anything about it, because they would likely be 'terminated' and there would be no record of it occurring at all.