Judicial Review: Executive Discretion in the RMBRA

The Conclave hereby announces that it has received from Delegate Albrook a request to review the interpretation of the Regional Message Board Regulation Act, 2021.

Law in Question: Regional Message Board Regulation Act, 2021
Questions:

  1. What is the Executive’s legal responsibility in the face of any clear summary offense?

  2. What redress does a Citizen or Magisterium, Conclave, or Praesidium official have if they feel the Delegate is making poor discretion in handing out punishments for summary offenses?

  3. Under what circumstances may the Executive unban a player who committed a summary offense punished by banishment?

  4. Is the Executive undermining the Magisterium’s or Conclave’s legal authority if they promise to unban any player who committed a summary offense who asks to be unbanned?

  5. When is a merciful Executive in danger of committing treason or threatening regional security, with respect to the scope of the above questions?

The following procedures will be followed. The Conclave shall, according to its standing orders, deliberate and reach a verdict on the questions raised for review within the time period allocated under the Standing Orders.

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2.1.1- Judicial Review of a Law shall take place following its passing, its request by the Delegate, a Magisterial Vote, a Vizier Vote, a citizen with a confirmation vote by the Conclave, or a constitutional challenge by a citizen in a civil trial. A Review shall last no more than 7 days but may be extended 3 days at the request of an Arbiter.

2.1.2- Upon receipt of request, the Viceroy shall initiate public and private threads which outline the bill in its entirety, along with the end-date for the deliberation of the law.
…a. The public thread shall be available for citizens to refer precedent or applicable laws to the Conclave, but subject to censure at the request of any Arbiter.
…b. The private thread shall contain the deliberations of the Conclave and be used to draft verdicts and debate the law.

2.1.3- The Review shall rule on the interpretation or constitutional validity of a law, factoring the Concordat, all applicable statutory laws, precedent of the court, and traditional values of The East Pacific for their deliberations.

2.1.4- Draft verdicts are prepared by Arbiters, listing reasoning and legal references to be voted upon.
…a. For the first vote, a draft verdict may only pass by unanimity.
…b. If the vote fails, consequent votes shall be held until a draft verdict receives majority support.
…c. The dissenting minority of Arbiters may choose to file a minority report of their verdict to be appended to the majority verdict.

2.1.5- The majority verdict of a Judicial Review shall take full force of law and shall form precedence for that and similar laws. The verdict may rule on including, but not limited to: constitutionality, applicability, meaning, or validity as a law.

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  1. What is the Executive’s legal responsibility in the face of any clear summary offense?

  2. What redress does a Citizen or Magisterium, Conclave, or Praesidium official have if they feel the Delegate is making poor discretion in handing out punishments for summary offenses?

  3. Under what circumstances may the Executive unban a player who committed a summary offense punished by banishment?

  4. Is the Executive undermining the Magisterium’s or Conclave’s legal authority if they promise to unban any player who committed a summary offense who asks to be unbanned?

  5. When is a merciful Executive in danger of committing treason or threatening regional security, with respect to the scope of the above questions?

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