Judicial Reform - Printable Version +- TSP Archives (https://archive.tspforums.xyz) +-- Forum: Archives (https://archive.tspforums.xyz/forumdisplay.php?fid=10) +--- Forum: The Cat-Tribe Hall of Records (https://archive.tspforums.xyz/forumdisplay.php?fid=172) +---- Forum: Great Council Archives (https://archive.tspforums.xyz/forumdisplay.php?fid=212) +----- Forum: 2012 Great Council (https://archive.tspforums.xyz/forumdisplay.php?fid=156) +----- Thread: Judicial Reform (/showthread.php?tid=1791) |
Judicial Reform - Hileville - 02-09-2012 This thread will be for all proposals relating to Judicial Reform. Judicial Reform - Hileville - 02-13-2012 One idea I have for the Judiciary is to make it its on branch of government instead of part of the executive. We would could a Supreme Court with 3 justices that are all elected or appointed with Assembly approval. Judicial Reform - Antariel - 02-13-2012 Do we have member size to have 3 justices, though; we struggle to fill vacancies as it is. Judicial Reform - Haxstree - 02-13-2012 Well I think we should plan for a full and healthy TSP so I would support the idea.I'm sure we can make a blanket provision as part of the council that eases the need to fill vacancies as we work to grow again. Judicial Reform - LadyRebels - 02-13-2012 This idea is a great one and we did have plans to do this very thing after Slacker got bogged down with so much to do. Desert Rose stepped up to the plate and again got bogged down with several things IRL......just a heads up as to how it used to work.The Assembly and Delegate would issue warnings, those warnings were gone over by the MoJ and either upheld or discarded as seen by the laws and by laws of TSP. Judicial Reform - Belschaft - 02-13-2012 I'd support a Supreme Court, with the MoJ role transformed into the Cabinet's Legal Advisor/Attorney General, so long as the assembly has the power to remove a judge or force them to recuse themselves. Judicial Reform - Tsrill - 02-13-2012 The judiciary being independent would be a good move. It being part of the executive as it is now has always bugged me a bit.Overstaffing the judiciary should be avoided at all costs. We don't want to divert active people to a role that rarely needs attention. Judicial Reform - Antariel - 02-13-2012 Quote:The judiciary being independent would be a good move. It being part of the executive as it is now has always bugged me a bit.The latter part of this is my issue; it's all very well building for a judiciary in an active region *cough* Balder and Osiris *cough* but without more members here I don't see it working.... Judicial Reform - Hileville - 02-13-2012 Quote:I'd support a Supreme Court, with the MoJ role transformed into the Cabinet's Legal Advisor/Attorney General, so long as the assembly has the power to remove a judge or force them to recuse themselves.I was thinking something like that as well. Judicial Reform - Southern Bellz - 02-14-2012 As with the army thread, I feel that the judicial system should separate from elected politics into a branch that is overseen by the delegacy. Judicial Reform - LadyRebels - 02-14-2012 In all honesty the Delegate is supposed to oversee all of the Cabinet. The one person in the region that anyone can ask about anything to do with the region should be the Delegate.At the same time that "power" is balanced by the Cabinet Members, if the Delegate is not doing the job then they can step up and say something and start the process of removing the Delegate.Checks and Balances is what was aimed for by the original Cabinet Members and Security Council, but it seems that somewhere along the way that ideal was either intentionally or accidentally put aside.The Judicial side of TSP has always been separate in that the only Law they follow is the Laws enacted within TSP, if they are failing to do the job at hand then they have to give an accounting to the General Assembly. The Delegate was not given the power to appoint or remove a Chief Justice unless a majority of the vote to do so comes from the General Assembly. Even the Cabinet Members were not allowed to remove a Chief Justice, they could vote for it but they could not "ban" together to remove CJ unless the Assembly wanted it to be so.Just a few thoughts. Judicial Reform - Bali Lo - 02-14-2012 Quote:The judiciary being independent would be a good move. It being part of the executive as it is now has always bugged me a bit.If it would really only be a rarely-needed job then I'll volunteer to fill one of the seats... (Disclosure needed? My only important job elsewhere in NS is as delegate, and currently main caretaker for the jointly-controlled founder, in the IDU.) Judicial Reform - Eluvatar - 02-14-2012 I'm not sure we should be creating a supreme court with several permanent justices. That doesn't really seem to work well, either.However, having the MoJ in charge of procedure may be bad as well, given their executive nature and our natural inclinations to understand them to be a prosecutor.Perhaps a single Judge of the South Pacific to administer procedure impartially, allowing the MoJ perhaps to be a prosecutor? The Judge could be appointed by the Delegate with the agreement of the Assembly, for the term of the next Delegate. Am I making any sense? :ele: Judicial Reform - Antariel - 02-14-2012 But just one judge suffers from the issue of balance/impartiality more than three.I still don't feel we have the personnel for three; will have to see how the auto-recruiter works. Judicial Reform - Eluvatar - 02-15-2012 The judge would only administer the process. They'd still summon a jury as the MoJ is supposed to today. Judicial Reform - Antariel - 02-15-2012 There is meant to be a jury?I'm sure my banning never had a jury..... :glare: Judicial Reform - Haxstree - 02-16-2012 Quote:There is meant to be a jury?You did have a jury. In an impeachment trial, the cabinet is the jury. Judicial Reform - Unibot - 02-16-2012 What if a bad judge gets tenure? Judicial Reform - Antariel - 02-16-2012 But on those grounds - what if a bad MoJ gets voted in. What's the difference? Judicial Reform - LadyRebels - 02-16-2012 Then the Cabinet brings the charges against the MoJ in the General Assembly.just a thought. Judicial Reform - Antariel - 02-16-2012 Exactly; but the same can be true of a Judge, is my point. Judicial Reform - Hileville - 02-16-2012 I have added a poll to this thread in order to see where everyone is at. If there are any other options you want added to the poll let me know. Judicial Reform - Tsrill - 02-16-2012 I think that a non-cabinet judge can be hold accountible by the assembly. Since our assembly includes all citizens in a pluriformity devoid of representatives or party alliances, I think this can work. The change would then be a rather simple one, namely removal of the position from cabinet. Judicial Reform - Hileville - 02-17-2012 So it looks like we are leaning towards one elected justice. The following laws will need to be rewritten. I would prefer that we take the trial process completely out of the Charter and make it its own law as it just doesn't belong there IMO. Quote:Article 7 - Judiciary Quote:Article 16 - Responsibilities and authority of the Ministry of JusticeIf we are going to have an Attorney General to take the place of the MoJ we need to decide on if that position will be appointed or elected and what their duties are. Judicial Reform - Belschaft - 02-17-2012 I'd recommend a 'Nomination/confirmation process similar to the EC's for the Justice. Elections politicize the process.Also, I've previously talked about writing up a formal Civil and Criminal Code. What are peoples thoughts on that? |