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| Right of Law | |
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| Topic Started: Jul 17 2004, 08:39:03 PM (295 Views) | |
| packilvania | Jul 17 2004, 08:39:03 PM Post #1 |
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Caliph
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I believe we need to make a decision on this very soon. Does the judicial branch have the right to overturn a senate passed law, and if they do, do they nullify the law, or just change it as they wish. |
![]() "The Cybernets shall overrun every thing you hold dear. Assimilate." Loop: Well that rules out my Atomic Metroid Spy Toilet I had planned. DFD: WAAAAH, you butt hurt me. Cry cry cry. Todd My foreign officer ended up pushing her wiener (gl@sses) further up the bridge of her nose. | |
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| Kelssek | Jul 17 2004, 10:37:59 PM Post #2 |
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Hero of the Soviet Onion
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The judiciary interprets the law, the legislature makes the law. We are using an American system, and in the American system the Supreme Court has final say on interpretations of law, and these interpretations should hold in all court decisions. But it cannot make a law or modify it. The judiciary can, however strike a law down on the basis that it is unconstitutional. |
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| packilvania | Jul 17 2004, 10:42:18 PM Post #3 |
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Caliph
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well, I think something needs to be difined here- I am refering to the recent overrule of a VERY specific law involving endorsement swapping. What I see happening if this continues, is the Judiacial brach just deciding to do whatever they want, becuase they can "interperet" laws however they wish. |
![]() "The Cybernets shall overrun every thing you hold dear. Assimilate." Loop: Well that rules out my Atomic Metroid Spy Toilet I had planned. DFD: WAAAAH, you butt hurt me. Cry cry cry. Todd My foreign officer ended up pushing her wiener (gl@sses) further up the bridge of her nose. | |
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| Kelssek | Jul 18 2004, 03:12:59 AM Post #4 |
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Hero of the Soviet Onion
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Yes, the judicial branch can interpret as it sees fit, just as the Senate would be able to pass anything it wanted. But the Senate can overrule the judiciary by passing a different law, like what happened here, and the judiciary can strike down a law that is unconstitutional. They act as checks on each other and balance each other's power. Real life parallel would be gay marriage in the United States, where the Congress tried to pass a constitutional amendment to overrule a Massachusetts Supreme Court ruling. I made that particular interpretation based on the intent of the endorsement swapping law and the wording, and it was a totally valid one. We don't want two branches of government at war with each other, but at the same time we cannot have the Senate passing a law to overrule the court every time it disagrees with a ruling. The Senate was perfectly within its rights to do what it did, as was the court. However, we pride ourselves on being the only Pacific with a justice system, and the fairness that this implies. But in my own biased opinion, it doesn't make us look good or fair when the Senate immediately passes legislation to counter court decisions it doesn't like. |
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| The Wachovia Coalition | Jul 18 2004, 11:36:21 AM Post #5 |
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Member Nation
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Kel is correct. Though I am fully convinced the court ruling is a danger to the region, it is in accordance with the Articles. That said, there will be no gray area left for interpretation next time. |
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"Unity through humility" Currently in the region as Wachoviasa. "[NationStates] is like watching a movie that is Black Hawk Down vs. Lord of the Rings vs. Star Wars..." - New Fubaria | |
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3:27 AM Jul 11