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  • 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 684 times.
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    Justice dal Navâ
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    (5222 posts total)
    (last post: March 14, 2008 - 13:43)
    Citizen #2:
    Chris Gruber    		> (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.


    --------------------------------------
    Chirischtôval Curt Cavéir,
    Dean of the Republic of Talossa
    President of the Talossan Social Democratic Party/el Parti Sociál Democrätic Talossán

    RE: New comments..Justice dal NavâMarch 12, 2005 - 12:35
    la garçâ malpadertMarch 12, 2005 - 19:20
    Parent message
    Justice dal NavâMarch 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 721 times.
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    la garçâ malpadert
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    (4379 posts total)
    (last post: March 13, 2008 - 16:29)
    Citizen #2:
    Chris Gruber    		... 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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