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    Addition of Article E: Judicial Branch

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    Should we make a proposal to institute a judicial branch.

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    Total Votes: 4
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    Salve
    Retired party leader
    Retired party leader

    Number of posts : 233
    Age : 32
    Bosted : Bergen
    Registration date : 2008-05-13

    Addition of Article E: Judicial Branch

    Post by Salve on Thu 19 Jun 2008 - 4:25

    As many of you know from recent debate in Congress, Gjok of the Binary Party has raised a interesting concern that "We have no judiciary system specified in the constitution, and consequently there is really no penalty for not following it". I tend to agree with his point.

    If you examine the constitution, congress is never expressly given the right to assume judiciary duties. 13 defines the congress as "the legislative power of eNorway" and nothing further. I believe it is assumed that the admins would serve the purpose of the judicial system, therefore there was no mention of one. However, to the educated observer like Gjok the absence of the judicial system being explained in the constitution implies that there is no system in place to decide on the legality of conflicts with the law, and there are sure to be enough congressmen that agree with this view to cripple the ability to intervene when someone is in breach of the law without admin intervention.

    Now there are multiple ways that we can approach this issue. We can draft a new article to the constitution to design an elected/appointed judicial branch or we could draft a new article specifying sole judicial powers to the admins. We can also decide not to pursue to foundation of a judicial branch and instead amend 13 to state:
    "The Congress is the legislative and judicial power of eNorway".
    In any case I think we need to address this somehow.

    Personally my right wing side leans towards keeping the government the size it is on this issue. I find myself feeling that a judicial panel may be creating more frivolous bureaucracy, and not allowing anything to get done. I think perhaps simply outlining the admin's power over issues contrary to the law may be able to accomplish more. On the other hand the admins have shown them selves to be rather inept at times. In any case I've started a poll on this thread to get a feel for how you think we should proceed.

    As a side note we may have to fix the proposed 4.3 and 4.4 if we decide not to amend 13 to transfer power to the judicial system if we decide to go that route.

      Current date/time is Wed 21 Nov 2018 - 18:00