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<p>[QUOTE="Capitalist Producers, post: 936, member: 412"]Might want to go back and read that again.</p><p><br /></p><p><br /></p><p>Interesting answer. With that answer in mind I must confess that I am now curious as to what you think a judge does.</p><p><br /></p><p>However, I want to thank you for your endorsement as Alternate Justice. </p><p><br /></p><p><br /></p><p>That's a little scary.</p><p><br /></p><p><i><b>In response to Mortem Inferre:</b></i></p><p><span style="color: #0000ff"><i>1. The WA Delegate of Capitalist Paradise has been deleted by the moderators. As it was his/her sole WA nation, they no longer have a nation with Vassal status within Capitalist Paradise, but they do have a puppet in the region that meets citizenship requirements. Does the puppet nation of the deleted delegate hold claim to the delegacy, or must there be a new election? Something else?</i></span></p><p>There is no order of succession in the constitution. There is also the problem with Nation States arbitrarily assigning executive status to the next highest endorsed nation. That takes a lot of the decision out of the hands of the court. Therefore it would be up to the justices to rule on the matter based on the facts at hand. Based on the requirements in the constitution to be the WA Delegate and CEO[1] my inclination would be to rule in favor of a new election as the ejected nation no longer meets those qualifications.</p><p><br /></p><p><span style="color: #0000ff"><i>2. The constitution refers to individual nations, not entities controlling said nations. As such, does each individual nation hold the rights of membership, such as voting, vying for office, etc, or can only individual human entities behind the nations exercise such rights, eg one vote per person, not nation?</i></span></p><p>Under the constitution every nation is entitled to vote regardless of the human being behind that vote. If you feel that needs changing, you should see about amending the constitution.</p><p><br /></p><p><span style="color: #0000ff"><i>3. The Constitution does not say that the President of the Legislature has the power to arbitrarily determine the requirements for running for an office, eg be the first 5 to announce a candidacy. Further, the Constitution does not say that the POL can require a winner of an election to receive 50% of the votes, and a failure to do so results in a run-off (this, as opposed to first past the post system, for example). Does the POL have unlimited discretion here? If not, what limits do you see?</i></span></p><p>You are asking me to render an opinion on a serious issue without hearing an opposing argument. The question you pose directly effects the election at hand. Based on your post this matter may even be pending litigation. It would be unwise for me to state an opinion here and then stand a chance on having to rule on the same question. Were I to do so and this matter came up, I would have to recuse myself has having expressed a prejudicial opinion. That's not the way I want to start out my Judicial career. </p><p><br /></p><p><span style="color: #0000ff"><i>4. Related to No. 3, when there are issues of short-comings of the Constitution, would you rule that the Constitution does not have a position on the issue and the legislature must therefore pass an amendment to address the issue at hand or would you put down a ruling based on the situation and your own judgment?</i></span></p><p>In absence of language in the constitution governing a given situation, I would have to rule based on the facts at hand. That ruling could include there is no legal matter to rule on. The court has no power to order the legislature to pass a law. However, assuming the US model here, the court may have the power to strike down a constitutional law.</p><p><br /></p><p><span style="color: #0000ff"><i>5. In instances where the inherent rights of membership laid out by the Constitution are in conflict with the powers of the government, are you inclined to side with the liberty of the individual nations or the duty of the government?</i></span></p><p>The Constitution wins every time. In the event the there is a conflict in the Constitution, when weighing the balance that must exist between government and freedom, I will always error on the side of individual freedom.</p><p><br /></p><p><b><i>In response to Singpu:</i></b></p><p><i><span style="color: #0000ff">I will play devil's advocate when I ask you to elaborate upon your stance. Let us assume that Afforess has committed a great crime against Capitalist Paradise so grossly malicious that the people of the region turned their backs on him. Could you, as a justice and member of this region, truly say that someone who has contributed as much as he, while having committed the greatest offense(s) against Capitalist Paradise, might still have some measure of leniency?</span></i></p><p>Each case must be weighed on its own. In the real world every convict gets a presentence hearing along with a report from the probation department. Here there is no procedure for how a sentence is rendered. </p><p><br /></p><p>However, as in the real world, judges have the ultimate authority to impose whatever sentence is allowed under the law.</p><p><br /></p><p><br /></p><p>I completely disagree. Someone with an interest in the outcome of the case cannot judge that case.</p><p><br /></p><p>--------------------------------------------------------------------------</p><p>[1] <b>Qualification:</b> This position requires a minimum influence level of "Vassal" and is elected by plurality votes of confidence as indicated by World Assembly members, for a term of service of not less than 90 days. After 90 days any qualified WA Nation desirous to challenge may and must lay challenge by precluding challenge publicly on the Capitalist Paradise Regional Message Board.. Upon challenge, this electoral process is adopted:[/QUOTE]</p><p><br /></p>
[QUOTE="Capitalist Producers, post: 936, member: 412"]Might want to go back and read that again. Interesting answer. With that answer in mind I must confess that I am now curious as to what you think a judge does. However, I want to thank you for your endorsement as Alternate Justice. That's a little scary. [I][B]In response to Mortem Inferre:[/B][/I] [COLOR=#0000ff][I]1. The WA Delegate of Capitalist Paradise has been deleted by the moderators. As it was his/her sole WA nation, they no longer have a nation with Vassal status within Capitalist Paradise, but they do have a puppet in the region that meets citizenship requirements. Does the puppet nation of the deleted delegate hold claim to the delegacy, or must there be a new election? Something else?[/I][/COLOR] There is no order of succession in the constitution. There is also the problem with Nation States arbitrarily assigning executive status to the next highest endorsed nation. That takes a lot of the decision out of the hands of the court. Therefore it would be up to the justices to rule on the matter based on the facts at hand. Based on the requirements in the constitution to be the WA Delegate and CEO[1] my inclination would be to rule in favor of a new election as the ejected nation no longer meets those qualifications. [COLOR=#0000ff][I]2. The constitution refers to individual nations, not entities controlling said nations. As such, does each individual nation hold the rights of membership, such as voting, vying for office, etc, or can only individual human entities behind the nations exercise such rights, eg one vote per person, not nation?[/I][/COLOR] Under the constitution every nation is entitled to vote regardless of the human being behind that vote. If you feel that needs changing, you should see about amending the constitution. [COLOR=#0000ff][I]3. The Constitution does not say that the President of the Legislature has the power to arbitrarily determine the requirements for running for an office, eg be the first 5 to announce a candidacy. Further, the Constitution does not say that the POL can require a winner of an election to receive 50% of the votes, and a failure to do so results in a run-off (this, as opposed to first past the post system, for example). Does the POL have unlimited discretion here? If not, what limits do you see?[/I][/COLOR] You are asking me to render an opinion on a serious issue without hearing an opposing argument. The question you pose directly effects the election at hand. Based on your post this matter may even be pending litigation. It would be unwise for me to state an opinion here and then stand a chance on having to rule on the same question. Were I to do so and this matter came up, I would have to recuse myself has having expressed a prejudicial opinion. That's not the way I want to start out my Judicial career. [COLOR=#0000ff][I]4. Related to No. 3, when there are issues of short-comings of the Constitution, would you rule that the Constitution does not have a position on the issue and the legislature must therefore pass an amendment to address the issue at hand or would you put down a ruling based on the situation and your own judgment?[/I][/COLOR] In absence of language in the constitution governing a given situation, I would have to rule based on the facts at hand. That ruling could include there is no legal matter to rule on. The court has no power to order the legislature to pass a law. However, assuming the US model here, the court may have the power to strike down a constitutional law. [COLOR=#0000ff][I]5. In instances where the inherent rights of membership laid out by the Constitution are in conflict with the powers of the government, are you inclined to side with the liberty of the individual nations or the duty of the government?[/I][/COLOR] The Constitution wins every time. In the event the there is a conflict in the Constitution, when weighing the balance that must exist between government and freedom, I will always error on the side of individual freedom. [B][I]In response to Singpu:[/I][/B] [I][COLOR=#0000ff]I will play devil's advocate when I ask you to elaborate upon your stance. Let us assume that Afforess has committed a great crime against Capitalist Paradise so grossly malicious that the people of the region turned their backs on him. Could you, as a justice and member of this region, truly say that someone who has contributed as much as he, while having committed the greatest offense(s) against Capitalist Paradise, might still have some measure of leniency?[/COLOR][/I] Each case must be weighed on its own. In the real world every convict gets a presentence hearing along with a report from the probation department. Here there is no procedure for how a sentence is rendered. However, as in the real world, judges have the ultimate authority to impose whatever sentence is allowed under the law. I completely disagree. Someone with an interest in the outcome of the case cannot judge that case. -------------------------------------------------------------------------- [1] [B]Qualification:[/B] This position requires a minimum influence level of "Vassal" and is elected by plurality votes of confidence as indicated by World Assembly members, for a term of service of not less than 90 days. After 90 days any qualified WA Nation desirous to challenge may and must lay challenge by precluding challenge publicly on the Capitalist Paradise Regional Message Board.. Upon challenge, this electoral process is adopted:[/QUOTE]
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