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Post by Inxheneu Crova on Jun 3, 2015 6:49:49 GMT -6
Well, there are five justices to choose from (though two of them are not very active). Shouldn't only the two justices that were on the Uppermost Cort at the time the election was conducted be allowed to sit on the Commission? Because, technically speaking, the Electoral Commission could invalidate enough votes to prevent the passage of the amendment that (set off a clause in another law which) allowed the Magistrates to take their seats on the Cort, making them unable to sit on the Commission in the first place. My brain just melted, and its only 2.47pm. Would there be infinite commissions all the way down?
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Jun 3, 2015 6:57:22 GMT -6
Would there be infinite commissions all the way down? No, turtles. It's always turtles all the way down. Unless you're in Péngöpäts, and then it's penguins.
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Post by Inxheneu Crova on Jun 3, 2015 6:58:37 GMT -6
Would there be infinite commissions all the way down? No, turtles. It's always turtles all the way down. Unless you're in Péngöpäts, and then it's penguins. Lets put a penguin on the Cort then. No shortage of candidates! And they'll work for fish..
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Post by Marti-Pair Furxheir S.H. on Jun 3, 2015 7:14:03 GMT -6
I see what you mean, but I don't think it's really a problem... otherwise, if we had all of the justice resign prior to the election, there would be no way to make an electoral commission. It may not be a problem in the sense that there probably won't be any invalid votes, especially enough to invalidate that amendment, but it is almost a legal paradox and technically should not be allowed to happen. I question whether it would even be legal period: the laws that were on the books at the time the election began are the ones that would apply. I believe we had the same debate when passing EM200. The election which passed the EM200 Referendum was made using the RC20 rules, and as such, should have yielded a RC20 Cosa, but the amendment passed and as such, we got a EM200 Cosa. In the end, the idea was the the assignment of seats occurred after the referendum vote was over, and as such, the new rules applied. In this case, the EC is being called now, and as such, the new rules should apply, even if their job is to validate the new rules.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jun 3, 2015 7:22:00 GMT -6
As the electoral commission consists of 3 justices, and at the time of the election there were only 2 justices, one of the 3 magistrates would be appointed to fill in so in effect one of the three new justices will still be sitting on the electoral commission.
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Post by Munditenens Tresplet on Jun 3, 2015 7:22:18 GMT -6
It may not be a problem in the sense that there probably won't be any invalid votes, especially enough to invalidate that amendment, but it is almost a legal paradox and technically should not be allowed to happen. I question whether it would even be legal period: the laws that were on the books at the time the election began are the ones that would apply. In this case, the EC is being called now, and as such, the new rules should apply, even if their job is to validate the new rules. The new rules shouldn't apply because there is a possibility that they could invalidate themselves from being able to invalidate themselves. On the other hand, the newly appointed members of the Uppermost Cort actually have a vested interest in making sure that the amendment that makes their appointment possible, and could technically be impartial in that regard. If it becomes necessary to do so, as a voter, I will seek an injunction preventing them from taking their seats on the Electoral Commission. Then, provided the newly appointed justices don't recuse themselves, we will have the justices rule on whether or not they can take seats on the Commission. As the electoral commission consists of 3 justices, and at the time of the election there were only 2 justices, one of the 3 magistrates would be appointed to fill in so in effect one of the three new justices will still be sitting on the electoral commission. This would follow the laws that were on the books at the time, which I agree with. However, there aren't five justices to choose from, as the two justices from before would automatically be seated, and only one magistrate along with them.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jun 3, 2015 7:23:51 GMT -6
THough I can now see in Article VII.6 a fix needs to be put into place as there is no longer a Magistracy and choosing 3 of the 5 justices needs to have some sort of system....
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Post by Sir Alexandreu Davinescu on Jun 3, 2015 7:33:53 GMT -6
Indeed. We cannot pass a law saying that Gov. Tresplet shall certify all votes, and then have him certify the same vote that passed the bill allowing him to certify votes.
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Post by Marti-Pair Furxheir S.H. on Jun 3, 2015 8:01:11 GMT -6
THough I can now see in Article VII.6 a fix needs to be put into place as there is no longer a Magistracy and choosing 3 of the 5 justices needs to have some sort of system.... I have emailed the King to know what his plan is, since in the end, he nominates it. Perhaps he has an idea we didn't think of, since it's his job, same as I often have ideas about the Chancery others don't think about because it's not theirs. Let's see what he has to say, there might be an obvious solution.
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Ian Plätschisch
Senator for Maritiimi-Maxhestic
Posts: 4,001
Talossan Since: 3-21-2015
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Post by Ian Plätschisch on Jun 4, 2015 13:38:56 GMT -6
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Post by Marti-Pair Furxheir S.H. on Jun 4, 2015 14:24:51 GMT -6
That's up to the election commission which I am still waiting on to be formed...
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jun 4, 2015 15:08:56 GMT -6
That's up to the election commission which I am still waiting on to be formed... Perhaps someone (um, you?) should see what's up with that.
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Post by Marti-Pair Furxheir S.H. on Jun 4, 2015 15:38:29 GMT -6
That's up to the election commission which I am still waiting on to be formed... Perhaps someone (um, you?) should see what's up with that. I already emailed the King. He told me he doesn't know who the justices are. I told him to post his question on Witt.
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Miestrâ Schivâ, UrN
Seneschal
the new Jim Hacker
Posts: 6,635
Talossan Since: 6-25-2004
Dame Since: 9-8-2012
Motto: Expulseascâ, reveneascâ
Baron Since: Feudal titles are for gimps
Duke Since: Feudal titles are for gimps
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Post by Miestrâ Schivâ, UrN on Jun 4, 2015 16:24:02 GMT -6
I already emailed the King. He told me he doesn't know who the justices are.
And this is the person which the RUMP thinks should have a veto?!?
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Post by Sir Alexandreu Davinescu on Jun 4, 2015 17:28:09 GMT -6
I believe it has something more to do with the rather large amount of hubbub about the changes to the justice system, which have been considerable of late , and the worry about missing any resignations.
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