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[COURT]Legal Code; I was thinking...
Topic Started: Feb 23 2005, 04:00:30 PM (281 Views)
Free Pacific States
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I do not deny that the recently passed East Pacific Charter is a bad document, or that it will not fulfill the duty it needs to fullfil. As an outline for the East Pacific Government, I am sure it will do a great job, fostering expansion, and a fair and equal administration.

However, as I look through the East Pacific Charter, I cannot help but realize that it does not include a great amount of specific information. In general, this is not a bad idea, as it allows the different branches to operate freely, to the best of their ability, without giving them too much power, or restricting them.

However, in the case of the Judicial System...I'm afraid this general setup really doesn't work. There is no talk of how a trial will operate, how the appeals process will specifically work, whether a person is innocent until proven guilty, or whether a person is entitled to an attorney.

As I am the only person in the East Pacific currently acting as an attorney, and especially as I am acting as a public defender, it now comes to mind, in review of this judicial section of the charter...that we need more. We need a specific legal code, outlying trial procedure, legalities of different arangements, and answering basic legal questions, such as those mentioned above.

Without such a work, I'm afraid that the EP legal system will be unable to stand on its own. I mean, precedents, to a point, can get the job done...but after awhile, a judge simply needs to have an actual, specific law to run by. Without it, our legal system will be in bad shape.

Now, I will admit that I haven't a clue how to phrase this document, or what to put in it..or even if this is the place to propose it, and not in the magistrate. But whatever the situation, we do need to work on this, fellow EPians. For if we do not, our legal system will be doomed to fail.

Now, getting past the good old speech....any ideas?
The Federated Alliance of Free Pacific States | Lyon Republic | Republic of Xiopothos | East Pacific Treaty Organization
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The Wachovia Coalition
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When it comes to how a trial will be executed, I hope we don't get too detailed. Yes, detail helps ensure an even process but at the same time too much detail confuses and becomes a tool of the law, hence the need for lawyers today.

Who will define these? It seems it could happen a number of ways. Large precedents could come from legislation in the assembly. Smaller details though of what consititutes a speedy trial or what exact steps could happen might originally put in place by the judiciary.

Now a brief consideration of what we're actually dealing with. Our past cases have primarily dealt with endorsement gathering. It is our contention that there are other more productive ways to show appreciation and as such we have agreed in the charter to Loop's defense of it in the role of delegate. Our other concern has been those who intentionally break forum rules or mount an intentional attack on the region.

Knowing that, it would be good for us to call on the assembly to make laws that prepare us for these eventualities and for the judciary to consider how the rights of the nations invovled, as outlined in the charter, might be preserverd. Nations that are not involved in either may want to contact a magister and request they consider legislation of a certain type that covers other concerns or addresses concerns in a way they think is more appropriate.

In the end, I think the judiciary serves a necessary purpose but I hope it is used infrequently. It's goal is to deal with people who have caused harm to others or the region as a whole. By in large, we are a peacable group that welcomes most anyone. Extensive use of the judiciary required by a long list of rules would seem to be counterproductive to our ultimate goals of harmony and acceptance.
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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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Codex
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In the end, I think the judiciary serves a necessary purpose but I hope it is used infrequently. It's goal is to deal with people who have caused harm to others or the region as a whole. By in large, we are a peacable group that welcomes most anyone. Extensive use of the judiciary required by a long list of rules would seem to be counterproductive to our ultimate goals of harmony and acceptance.


Personally, I see the actual 'court' business of the Judicial branch as being a somewhat minor role. It's fairly rare for us to have a nation up on charges, and when it happens, due to the nature of the game, the judiciary will in general be deciding after the action, which means the most they'll generally be able to do is to instruct the delegate to un-ban a nation.

I plan to seek nomination to the judiciary not as a court-judge as such but to fulfil what I see as a more important role - that of interpreting the charter and subsequent laws passed, and ensuring that laws passed by the Assembly are not in contravention of the constitution or previous laws etc. I guess I thought of this as the more major role.

However, with regard to court-business, as it were; I suggest that for ideas like the right to defense and innocent until guilty, we try and get bill passed in the Assembly. I'd suggest you could write them up and then get a Magister to sponsor them; I imagine they'd pass. As for court procedure, and the nitty-gritty of law, as it were... well, frankly, an entire legal code based on precedent *does* work. The English legal code (which has operated for a pretty long time) is based mostly on precedent. I see no reason why it shouldn't here. The legislative can always pass laws if it thinks things are getting out of hand.

Court procedure... this seems like it can be largely informal to me. Maybe write up a court-practice manual; nothing strict, just a guiding document type of thing. I seriously doubt there's going to be any problem with court procedure we need to worry about.
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Infinite Loop
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In the old senate there is a post I made about suggested Order rules, we can get the Magi to look at that.
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