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Forum Administration Act; MA-1
Topic Started: Feb 24 2011, 09:08:55 PM (805 Views)
Kelssek
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Hero of the Soviet Onion
Free Pacific States
 
Codifying the admin/gov separation does seem fair, though I wonder if the best place for that is in the Concordat, rather than standing law.


It's no problem to me that is might technically only be ordinary legislation. It might preferably be entrenched in the Concordat, but as an "organic statute" it works too.

My concern is with the difficulty of having laws regarding something that is in fact outside the law. This can't really be more than a clarification sort of thing - the forum admin is the admin, regardless of what law is passed or repealed.
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Kelssek
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Hero of the Soviet Onion
Here's some things to start off with:

---
9th Assembly, Bill MA-1
An act regarding the forum administration

Seeking to clarify the disposition of the forum administration, the Magisterium enacts as follows:

Short title
1. This act may be referred to as the Forum Administration Act.

The administration

n. The forum administration has the full authority and power to regulate and control all aspects of the forum as it sees fit, including but not limited to:

i) the power to ban, suspend, or otherwise restrict the rights of users to utilise the forum,
ii) the power to take disciplinary action against users as it deems appropriate,
iii) the power to remove or edit any content deemed abusive, offensive, or otherwise prejudicial to the East Pacific community and the enjoyment thereof by forum users, and;
iv) to appoint and remove members of the administration as it sees fit.

n. The forum administration is a separate entity from the government of the East Pacific.

General

n. Recognising the fact that the forum administration is constituted independently to the governmental institutions of the East Pacific, nothing in this Act restricts or expands the powers and responsibilities of the forum administration, and neither shall the repeal or amendment of this Act be interpreted in such a manner.
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SCKnightVulshain
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The Boll Weevel
Looks good. Gives them power, but also places limits on what the administration can and can't do.

What does everyone else think?
Confederacy of Vulshain
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Kelssek
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Hero of the Soviet Onion
I'd say, actually, that's not the case. There is nothing the Magisterium can pass that could constrain the forum admin. This is the inherent difficulty of passing laws on something which exists outside the law, as I alluded to. Nothing the Magisterium passes or repeals can possibly restrict or alter the powers of the admininstration; however there is a sense that writing the separation down for all to see might ease confusion.
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SCKnightVulshain
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The Boll Weevel
I probably worded that wrong, but ending the confusion is a good idea.
Confederacy of Vulshain
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Barb
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Sergeant Hobo 678
There is no confusion.

www.theeastpacific.com is AFAIK private property IRL.

As a server admin IRL there is no way to limit the power of a player trusted with elevated privileges to act as Admin. Passing legislation that has no practical effect has no meaning.

I suspect no law defining what TEP forum Admins can or can't do will pass muster in Conclave. The rights of citizens not enumerated in Concordat are reserved for the citizens, which includes those who have the often thankless task of forum Admin.

Please, hands off the separation of powers.

Barb
Arbiter Barbara Manatee
Ulthar Ambassador to The East Pacific
Convicted Thief of the Crown of the Vizier

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Kelssek
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Hero of the Soviet Onion
9th Assembly, Bill MA-1
An act regarding the forum administration

Preamble
Whereas it would be desirable to more explicitly set out the existing understanding of the powers of the forum administration, and in particular, its independence and separation from the institutions of state of the East Pacific, and;

Seeking to clarify the disposition of the forum administration, the Magisterium enacts as follows:

Short title
1. This act may be referred to as the Forum Administration Act.

Powers of the forum administration
2. The forum administration has and continues to have the full authority and power to regulate and control all aspects of the forum as it sees fit, and without the interference of the government of the East Pacific.

Separation from the state
3. (1) The forum administration is and continues to be a separate entity from the government of the East Pacific.
(2) The state institutions of the East Pacific have no power over the forum administration. Decisions made by the forum administration are not subject to appeal through the institutions of the East Pacific government or judiciary.

General
4. Recognising the fact that the forum administration is constituted independently to the governmental institutions of the East Pacific, nothing in this Act restricts or expands the powers and responsibilities of the forum administration, and neither shall the repeal or amendment of this Act be interpreted in such a manner.

----

Barb certainly has a point, and of course it should be noted that in crafting this proposed legislation I'm an admin myself. In the UN/WA terms, we'd call this sort of thing "metagaming" - proposals which break the fourth wall, as it were, and try to influence things outside the power of the institution in question to influence. And they're against the WA's rules: you can't make a proposal to introduce a single currency, for instance, because that would require changes to game code to enforce.

I guess what I'm trying to say is, I'm not even sure I'm in favour of the bill I'm writing.
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Kelssek
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Hero of the Soviet Onion
If there is no further debate, I move to vote on this bill.
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SCKnightVulshain
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The Boll Weevel
I second that.
Confederacy of Vulshain
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Kelssek
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Hero of the Soviet Onion
The question is on the motion. Does the Magisterium adopt the following legislation?

Quote:
 

9th Assembly, Bill MA-1
An act regarding the forum administration

Preamble
Whereas it would be desirable to more explicitly set out the existing understanding of the powers of the forum administration, and in particular, its independence and separation from the institutions of state of the East Pacific, and;

Seeking to clarify the disposition of the forum administration, the Magisterium enacts as follows:

Short title
1. This act may be referred to as the Forum Administration Act.

Powers of the forum administration
2. The forum administration has and continues to have the full authority and power to regulate and control all aspects of the forum as it sees fit, and without the interference of the government of the East Pacific.

Separation from the state
3. (1) The forum administration is and continues to be a separate entity from the government of the East Pacific.
(2) The state institutions of the East Pacific have no power over the forum administration. Decisions made by the forum administration are not subject to appeal through the institutions of the East Pacific government or judiciary.

General
4. Recognising the fact that the forum administration is constituted independently to the governmental institutions of the East Pacific, nothing in this Act restricts or expands the powers and responsibilities of the forum administration, and neither shall the repeal or amendment of this Act be interpreted in such a manner.


The time now is 01:04 UTC. Voting will remain open until Friday, 11 March 2011 at 18:00 UTC.
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Free Pacific States
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Number One Drone
aye
The Federated Alliance of Free Pacific States | Lyon Republic | Republic of Xiopothos | East Pacific Treaty Organization
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SCKnightVulshain
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The Boll Weevel
Aye
Confederacy of Vulshain
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Kelssek
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Hero of the Soviet Onion
NO
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Kelssek
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Hero of the Soviet Onion
As we did not have a majority in favour at the time of the vote's expiry, the motion is deemed to have failed.
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Free Pacific States
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Number One Drone
As an alternative, what about just a resolution, expressing the recognition of the Magisterium that the forum administration is separate from the government and not under government authority (as it cannot be).
The Federated Alliance of Free Pacific States | Lyon Republic | Republic of Xiopothos | East Pacific Treaty Organization
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Kelssek
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Hero of the Soviet Onion
I'm receptive to the idea, personally. Feel free to propose a draft in a new thread.
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