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| New comments.. | Mr. Furxheir, R.M.W. | March 12, 2005 - 11:11 | | Justice dal Navâ | March 12, 2005 - 12:35 |
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Parent message | | New comments.. | Mr. Furxheir, R.M.W. | March 12, 2005 - 11:11 |
| RE: New comments..(#1199), posted by Justice dal Navâ, [IP Hidden], March 12, 2005 - 12:35. Viewed 683 times. |
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Justice dal Navâ
Group: admins
(5222 posts total)
(last post: March 14, 2008 - 13:43)
Citizen #20:
Martí- Paìr Furxhéir | > (BTW, I cancel my resignation from the constitutional committe )
>
> I firmly think that a right to appeal in case of judicial error should be added. It shouldn't be an absolute right of appeal, just a single one in case the FIRST instance made an error in either the procedure or the interpretation.
>
> The "right" however, should be evalued by the appeal instance ( for now, it would be a second judge ) who would evaluate the pertinence of such an appeal. It shouldn't be automatic.
Fine. But the President would choose the replacement/temporary justice. Make sure that's in there.
> Such a right would greatly increase the quality of our judicial branch, by permitting to appeal a gross error made by the judge.
And by having the President do the choosing, it remains in line with the already-accepted practice of the Head of State appointing judges.
> In the former Kingdom, there was no such rights, and when I was victim of a judicial error, I was forced to shut up. I still hold it against Ken Oplinger.
I've had a similar run-in with Oplinger myself.
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Chirischtôval Curt Cavéir,
Dean of the Republic of Talossa
President of the Talossan Social Democratic Party/el Parti Sociál Democrätic Talossán
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| | la garçâ malpadert | March 12, 2005 - 19:20 |
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Parent message | | Justice dal Navâ | March 12, 2005 - 12:35 |
| I've talked to M-P, and we've agreed...(#1200), posted by la garçâ malpadert, [IP Hidden], March 12, 2005 - 19:20. Viewed 720 times. |
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la garçâ malpadert
Group: admins
(4379 posts total)
(last post: March 13, 2008 - 16:29)
Citizen #20:
Martí- Paìr Furxhéir | ... that this is quite a fundamental change to the Constitution that should have been introduced at the Convention stage where it could have got proper debate and drafting, and that it's too late to bring such a thing in now. We can amend the Constitution later on if we decide we really need a Supreme Court or whatever.
However, I agree that there should be right of appeal. As Title Two, Article Four, Section 10 of the Constitution says:
10. Other courts may be established by law for the areas of ordinary, administrative, finance, labour, and social jurisdiction. Decisions of these courts may be appealed to the High Court.
Therefore, under this section, when the first Parlamînt is formed, we should name a lower Court (perhaps a circuit court?) of Talossa consisting of one Justice who will take all cases in the first instance. Then, if anyone is dissatisfied with that court's rulings, one can appeal to the High Court. And yes, Grubi, the President would appoint the Circuit Court justice.
Miestrâ Schivâ
"The Republic's Most Articulate Spokeswhatever" - R. B. Madison
A slave begins by demanding justice, and ends by wanting to wear a crown. |
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| | JKK | March 12, 2005 - 12:25 |
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Parent message | | New comments.. | Mr. Furxheir, R.M.W. | March 12, 2005 - 11:11 |
| RE: New comments..(#1198), posted by JKK, [IP Hidden], March 12, 2005 - 12:25. Viewed 667 times. |
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JKK
Group: citizens
(738 posts total)
(last post: August 11, 2005 - 01:39)
Citizen #20:
Martí- Paìr Furxhéir | > (BTW, I cancel my resignation from the constitutional committe )
Good. Now are you going to stop confusing 'poutine' with 'pouting'? Such as this:
> Everything I say is pure bullshit. Don't take my word for it, just accuse me of every wrong possible. I am an asshole, don't worry, if I yell at you, it is entirely normal.
> Such a right would greatly increase the quality of our judicial branch, by permitting to appeal a gross error made by the judge. In the former Kingdom, there was no such rights, and when I was victim of a judicial error, I was forced to shut up. I still hold it against Ken Oplinger.
When I was a prospective, he basically used the threat of a nay vote on my citizenship to shut me up debating with him. That was positively larval of him.
jkk
AIM: jkkandalex
E-mail: apostate at gte dot net |
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