A worrying question

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Ceasar Xigalia
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A worrying question

Post by Ceasar Xigalia »

I have just attended a 'meet the candidate' session with Trebor which was informative and interesting. I was very shocked at one question asked from the floor.

The question was asked by Soro Dagostino our head of the SC.

I paraphrase so as to not directly post chat. (I'm happy to post the question as spoken if Soro agrees).

Soro asked where in the constitution does the Chancellor have veto powers on laws passed by the RA? He asked this question twice. When asked if he had read the constitution he said yes.

To answer his question I post this part of the constitution below.

'Article II – The Executive.....

Section 6 – The Chancellor’s Veto

The Chancellor shall have the power to veto any act of the Representative Assembly, except any bill to remove the Chancellor from office. The Representative Assembly may override a veto with a vote by at least a two-thirds majority. In order to exercise the power of veto, the Chancellor shall post a public declaration of her or his intention to exercise that power, together with the name of the the Act in respect of which he or she seeks so to exercise, and the reasons for exercising it in respect of that Act, on the Confederation of Democratic Simulators web forums or wiki within seven days of the posting to the wiki of the Act in respect of which he or she seeks to exercise that power.'

http://portal.slcds.info/index.php/cds- ... stitution/

Ceasar

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Re: A worrying question

Post by Beathan »

Yes, that is worrying, but unfortunately not unexpected given the rulings the SC has made.

I would like to see the entire SC resign. If they won't, I would like to see the RA remove them -- by passing a Constitutional Amendment if necessary. A Constitutional Amendment requiring RA confirmation of all unconfirmed SC members -- and repealing the 30 day automatic confirmation rule -- would work, and would also be good long-term policy. That would be in-keeping with our democratic project. Members of the SC are currently the only members of government who were neither elected nor appointed by an elected official -- and that is just anti-democratic.

I would even propose an Amendment setting SC terms at 2 or 3 RA terms, and requiring the SC be filled by appointment by the Chancellor confirmed by the RA.

It should not be a "self-defined and self-appointed aristocracy" -- which is what it is right not.

Beathan

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Re: A worrying question

Post by josjoha »

I agree that the SC should derive its power from the people and/or their representatives.

Since this is a separations of powers ('checks and balances' in America), it would be somewhat of a conflation of powers if the current Chancelor and current RA appoints the current SC, because the SC (in its role of high court) would be ruling the people who appointed them. That is asking for 'cronyism.' I am not saying cronyism will occur in the CDS, I am only arguing that the risk of it becomes larger this way. In real life nations this problem is resolved by having high court judges sit for life, so that the high court will not be so easily menaced by the currently ruling groups (RA, Chancelor).

Perhaps to mimmick this one could use the mechanism proposed by Beathan, but make the appointments for the next term of the RA/Chancelor and not the current. That way the SC is like a voice from the previous group; the only purpose is to break a gulf with the currently ruling RA and Chancelor, so that the SC has more chance of being objective. This is not ideal either because there could still be the same people in the RA and favors could then be shown to past appointments in the SC, but it might be a little bit better. A solution would have to be made up in the case people are no longer part of the CDS and roles in the SC remain unfullfilled.

bye,
jos

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Patroklus Murakami
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Re: A worrying question

Post by Patroklus Murakami »

This all sounds very familiar, similar to a proposal I made a year ago here in response to a different set of circumstances.

This proposal is part of my election manifesto and I would be happy to work with other RA members, should I be elected, in order to take it forward.

Where I part company with Beathan though is on the need for the entire SC to resign. I don't believe they have done anything which merits mass resignation. I would like to see all of them keep their current seats at least until after the new RA is sworn in and the Chancellor has taken office. Let's not turn a drama into a crisis :)

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Re: A worrying question

Post by josjoha »

Hi,

It is sad to hear that there was an historical failure to set up a Judiciary, I hope that the CDS can soon rectify this historical problem and does set up a system of Justice - with laws that are proper for the SL platform (such as "your prim is on my land, and the other says no it isn't" ...). It does already seems to have a Judiciary the SC, which seems to have some incorrect roles (ratify the Constitution ?), and does perhaps not have a proper Judicial procedure ? Is it difficult to correct these issues ?

bye,
jos

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Re: A worrying question

Post by Beathan »

Patroklus Murakami wrote:

This all sounds very familiar, similar to a proposal I made a year ago here in response to a different set of circumstances.

This proposal is part of my election manifesto and I would be happy to work with other RA members, should I be elected, in order to take it forward.

Where I part company with Beathan though is on the need for the entire SC to resign. I don't believe they have done anything which merits mass resignation. I would like to see all of them keep their current seats at least until after the new RA is sworn in and the Chancellor has taken office. Let's not turn a drama into a crisis :)

Pat

I have read your proposal and think it is a very good basis for a policy change and discussions. I expect that I will be in the minority on the RA (if I am even elected) on my call for resignations. However, that is a secondary matter relating to our immediate circumstances, and I would rather not get bogged down in those issues at the expense of needed substantive change.

Also, because the forced resignation aspect of my proposal could provoke, on it's own, a SC veto, I am happy not moving forward with it. That said, I reiterate that I think the members of last term's SC should voluntarily resign.

Beathan

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Re: A worrying question

Post by josjoha »

If it is true what I have heard that the SC is not aware of Constitutional law in the CDS (the Chancelor can veto a law), then the SC itself has failed the CDS Constitution because:

The Scientific Council (SC) is a self-selected meritocracy. Its governmental role is to interpret and enforce the constitution. Its service roll (ed. note: sic) is to resolve citizen disputes and moderate user forums and events.

If the SC upholds the Constitution but is not aware of its laws, then it is perhaps not quite the meritocracy as was originally envisioned ? Another part that it may be failing under the Constitution is:

The SC is comprised of Professors, Chairs, and a single SC Dean.

A 'professor' is someone who is active in academia, in this case it would be teaching the CDS law to people (which may be an interesting regular event in the CDS, to teach the law of the CDS ?). Perhaps they do teach law in CDS or are involved in overseeing such teaching efforts in form and content, but I am not aware of it. A 'chair' in the academic sense is also a teaching vocation, it seems reasonable in the context of the SC which is to be a 'meritocracy,' to interpret the word 'chair' in this way.

Another possible failure is:

Professors are chosen at the recommendation of current members based on demonstrated skill and desire to uphold the constitution without bias.

There is now (if I see it correctly?) widespread calls of partiality about the decisions of the SC, not only about this election but also about at least one citizen dispute (Cleo vs Pip, which they simply did not rule on as I understand it, although I have heard the Chancelor stopped the proceedings which is in my view a mistake in the CDS Constitution that should also be corrected - the executive does not rule cases of the judiciary, unless 'checks and balances' or 'separations of power' are not concerns that are held valid in the CDS ?).

I suppose the following courses could be taken, in increasing force, because the SC under the present rules can simply decide not to stop down, and not to ratify changes to the Constitution that will result in it stepping down. Thus the situation is Constitutionally locked, and deeper powers may have to be gotten to in order to correct the situation (the People).
- The SC can be asked to resign.
- The SC can be petitioned to resign.
- The RA can ask the SC to resign.
- The SC could be regarded as having resigned, which would be a form of revolution (extra-Constitutional effort to safeguard the democracy by the people.) This could also be ratified by Referendum.

What has to happen anyway I would think, because the Constitution may have shown not to work on this point:
- New Constitutional law can be passed that makes it easier to appoint a new SC, the SC could then newly be appointed.

Perhaps a referendum should be held about these problems:
- should there be a new more inclusive election for the RA in the short term ?
- should the SC step down ?
- should a new SC method of appointment be created which allows re-appointment ?
- should the Chancelor loose the right to decide Judicial cases ?
Constitution, Powers of the Chancelor: (g) to enforce such regulations in accordance with law.
That is a role which is apparently drawn out to include that citizens can no longer reach the court ?
If so then doesn't that mean the executive branch has usurped the judiciary branch (the SC) ?
A system of justice, which can even have a police force for order and/or investigation while the
citizens are always free to reach the courts might be better ?
I don' think that the point (g) allows the Chancelor to prevent a citizen from reaching the court
(the SC), however the Chancelor has made such a ruling as I have heard at least, and the SC
has not overturned this (which a court can and should do).

bye,
jos

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Re: A worrying question

Post by josjoha »

If it is true what I have heard that the SC is not aware of Constitutional law in the CDS (the Chancelor can veto a law), then the SC itself has failed the CDS Constitution because:

The Scientific Council (SC) is a self-selected meritocracy. Its governmental role is to interpret and enforce the constitution. Its service roll (ed. note: sic) is to resolve citizen disputes and moderate user forums and events.

If the SC upholds the Constitution but is not aware of its laws, then it is perhaps not quite the meritocracy as was originally envisioned ? Another part that it may be failing under the Constitution is:

The SC is comprised of Professors, Chairs, and a single SC Dean.

A 'professor' is someone who is active in academia, in this case it would be teaching the CDS law to people (which may be an interesting regular event in the CDS, to teach the law of the CDS ?). Perhaps they do teach law in CDS or are involved in overseeing such teaching efforts in form and content, but I am not aware of it. A 'chair' in the academic sense is also a teaching vocation, it seems reasonable in the context of the SC which is to be a 'meritocracy,' to interpret the word 'chair' in this way.

Another possible failure is:

Professors are chosen at the recommendation of current members based on demonstrated skill and desire to uphold the constitution without bias.

There is now (if I see it correctly?) widespread calls of partiality about the decisions of the SC, not only about this election but also about at least one citizen dispute (Cleo vs Pip, which they simply did not rule on as I understand it, although I have heard the Chancelor stopped the proceedings which is in my view a mistake in the CDS Constitution that should also be corrected - the executive does not rule cases of the judiciary, unless 'checks and balances' or 'separations of power' are not concerns that are held valid in the CDS ?).

I suppose the following courses could be taken, in increasing force, because the SC under the present rules can simply decide not to stop down, and not to ratify changes to the Constitution that will result in it stepping down. Thus the situation is Constitutionally locked, and deeper powers may have to be gotten to in order to correct the situation (the People).
- The SC can be asked to resign.
- The SC can be petitioned to resign.
- The RA can ask the SC to resign.
- The SC could be regarded as having resigned, which would be a form of revolution (extra-Constitutional effort to safeguard the democracy by the people.) This could also be ratified by Referendum.

What has to happen anyway I would think, because the Constitution may have shown not to work on this point:
- New Constitutional law can be passed that makes it easier to appoint a new SC, the SC could then newly be appointed.

Perhaps a referendum should be held about these problems:
- should there be a new more inclusive election for the RA in the short term ?
- should the SC step down ?
- should a new SC method of appointment be created which allows re-appointment ?
- should the Chancelor loose the right to decide Judicial cases ?
Constitution, Powers of the Chancelor: (g) to enforce such regulations in accordance with law.
That is a role which is apparently drawn out to include that citizens can no longer reach the court ?
If so then doesn't that mean the executive branch has usurped the judiciary branch (the SC) ?
A system of justice, which can even have a police force for order and/or investigation while the
citizens are always free to reach the courts might be better ?
I don' think that the point (g) allows the Chancelor to prevent a citizen from reaching the court
(the SC), however the Chancelor has made such a ruling as I have heard at least, and the SC
has not overturned this (which a court can and should do).

bye,
jos

P.S.

Another solution is that the SC becomes the 'meritocracy of academia' that seems to be envisioned, by starting to teach the law of the CDS, and holding decisions that are widely held as Constitutional and without bias.

P.P.S.

Happened to notice a spelling error, http://portal.slcds.info/index.php/cds- ... stitution/ ?

Section 4 – Themes

Nothing in this Act shall give the Chancellor of CDS any power to change the overall theme of Neufriestadt or any other sim or administered component of the CDS.

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Re: A worrying question

Post by Patroklus Murakami »

I've been critical of the SC in the past (very critical) but I'm still at a loss to understand what the SC is supposed to have done which merits a call for mass resignation. We could criticise the lapses of memory of individuals or their actions but it's a leap to demand someone's head without understanding the context in which a question was asked!

I hope that none of the SC even considers resigning until after the elections are held and the new RA and Chancellor are installed. If, at that time, people consider that action could be taken on the grounds specified in the constitution then they can always call for impeachment of individuals (though personally I'm not convinced a witch-hunt would be that helpful).

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Re: A worrying question

Post by josjoha »

Pat:

- Not knowing the Constitution (to a degree), though they are supposed to be in their position by way of superior insight and understanding of that document.
- By allowing the problems with the present election, which (though I don't understand what has happened precisely) seems to have disenfrenchised long standing citizens from being elected, and problems with new voters (where reported), and the SC has not stepped in by safeguarding the most fundamental principle which is mass representation and fair elections ? Can a technical problem or a misunderstanding be the cause that long standing (and active) CDS citizens end up excluded from the voting roll ? I do not think that is reasonable. The Constitution seems to give the SC the power to rule on the time new people can apply to be on the roll to be voted upon, hence there seems to be a way that these people now excluded could have been drawn in that way, even within the details of the Constitutional law ? Isn't the SC there to rule this kind of an issue with a wider view and deeper understanding of both letter of the law and principles behind it ?
- By not conducting the citizens case Cleo vs Pip (I understand it is still to be heard and ruled on, although oddly enough the Chancelor was allowed the power to block this, but that again could have been overturned by the SC, understanding that the Executive can not rule Judicial cases (because that would then technically be "at whim" as one would call it, which does not mean at offense to anyone but that would be a legal term for it in general, talking about the general issues of the law only; the judiciary process is precise and long to make it fair and not to have that is therefore called "at whim."))
- By not being something like 'Professors' that teach law within the CDS, as the Constitution prescribes ? This is similar to the 1st point and perhaps not fair if there is nobody who wants to be taught law, or if they taught it before (which I don't know).

I suppose from a Constitutional perspective, regardless on who is the SC or what they have done, the system by which the SC gets into its positions is undemocratic and without regulated recourse (?). You can not have a self-appointed meritocracy. But let me try it this way then:

Who wants to declare themselves competent enough to be the SC, by having enough merit according to themselves ? They could set up an alternative SC, and rule that the previous SC has become defunct. Someone would then have to meet the requirements for the SC (competent, unbiased, a 'professor' in law of sorts within this context); he/she then rules that the previous SC is illegitimate and therefore unable to vote the new SC away because they have no standing (meaning they can not vote against the new SC person/member). Then the alternative SC can try to draft more people in, and then it becomes like who supports which SC. If the RA then confirms this new SC as an SC member, like perhaps a dissenting SC member erecting a new SC, then the situation may sway towards this new SC and we could have a re-emerging of the SC ?

Just speculating ... (lol). I think this is also a way to do it, perhaps the more honorable because you immediately provide the necessary Constitutional systems before even removing the old SC.

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Re: A worrying question

Post by Beathan »

Patroklus Murakami wrote:

I've been critical of the SC in the past (very critical) but I'm still at a loss to understand what the SC is supposed to have done which merits a call for mass resignation. We could criticise the lapses of memory of individuals or their actions but it's a leap to demand someone's head without understanding the context in which a question was asked!

I hope that none of the SC even considers resigning until after the elections are held and the new RA and Chancellor are installed. If, at that time, people consider that action could be taken on the grounds specified in the constitution then they can always call for impeachment of individuals (though personally I'm not convinced a witch-hunt would be that helpful).

Pat,

I know that you and I weight the seriousness of the SC's fumbling of this election differently -- and that you probably weight it more than two or three other probably members of the next RA, so I know it will not be dealt with with what I consider to be an appropriate response. That's fine.

However, I have been very troubled by the general performance of the SC -- especially with the apparent confusion, and unfamiliarity, with the CDS Constitution, which is suppose to be the alpha and omega of SC activity. In general, I have lost confidence in the SC as currently composed. I might be convinced that the SC is more capable than it appears -- but, if not resignations, voluntary or otherwise, I think that the RA should pass a "no confidence" resolution about the current SC.

That is in addition to the needed reforms -- and your proposal is a very good blueprint for those.

Beathan

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In defense of the Scientific Council

Post by Gwyneth Llewelyn »

Nothing in the CDS is written in stone; anything can be questioned and/or changed. That's the whole point of democracy.

Nevertheless, there is a good reason why the SC works like it does, and why I personally am completely against changing its composition and/or eligibility of new members.

Even though the CDS was nothing more than a democracy from its very start, and it was expected that, come what may, the CDS would remain a democracy forever — even if one quite different from the original assumptions — there were two major guidelines that were at its core.

The first was the importance of balance and checks, so that no single person or group of persons could "take over" the CDS. The only people able to "take over" the CDS are... the citizens, by electing their representatives. There is no "power beyond the people" in the CDS, and it was attempted to make sure it always remained that way. That required a lot of tweaking over the years...

The second thing was the notion that institutions were more important than individuals. This is a two-edged sword. It was mostly meant to take into account that the CDS would not "fail" even if a specially charismatic leader left. This, as you well know, has always been the case — "charismatic leaders" come and go, but the CDS remains. The other side of the coin, however, was to make sure that we wouldn't fall into the simplistic assumption that if an institution has bad members, the institution should be abolished. That doesn't make any sense, but the temptation is great...

The principle of balance and checks defined that there would be three branches — the Executive is a recent addition in our history — but that each would have different rules for admission. This was very deliberate and not a lapse or a whim. In RL, different countries have dealt with this problem in different ways. For example, if all public offices are elected, how can the population prevent that all power is not in the hand of a few factions or parties? How can non-political individuals with excellent skills ever hope to come into power, if they don't get faction/party support?

The reverse question is, of course, if some public offices are appointed or nominated, how can we prevent them to create an oligarchy and remain in power forever? How can we give people the right to remove non-elected public officers from office if they want to do so?

This lead us to create a model where each of the three branches had their members appointed differently. In this model, the RA, since they were the more powerful branch — the one able to emit legislation changing pretty much everything, including the Constitution — would obviously have to be elected by universal suffrage, and any citizen would have the right to be elected.

But to make sure that there wasn't a permanent group that were constantly elected into office — by exhaustion of the minorities failing to get even a seat elected — and that they would slowly change the Constitution and Code of Laws to make sure they remained in power forever (see the current attempts of changing the rules for the elections during an election week...), we needed a group of people that were not elected but could check the powers of the RA when they misbehaved. This was what lead us to create the Scientific Council. An alternative at that time was to have a two-chamber RA, where each chamber would be elected differently. At that time, there were so few citizens in the CDS that this was unpractical — even today, as you know, it's always hard to find enough candidates for the RA.

So, instead, we opted to have the Scientific Council. The idea was that deliberately nobody could "tamper" with the admission of new members, in the sense that politics would not be a requirement for becoming a member. Of course that was naive, thus the current requirement that the RA has to pass a vote of confidence on new members. However, the RA is also not allowed to stall the process: if they fail to call for a vote of confidence in 30 days, the SC member gets automatically approved. In any case, this was mostly to avoid a sudden influx of "unwanted" SC members.

To remove them from office, they can be impeached by the RA. That's very simple :) but something that was never used, even though I don't know why hehe...

The more administrative/executive roles were originally invested in the Old Guild and are now in the Executive. There was something lost in the process. First the Chancellor was nominated by the RA and was little more than a civil servant. Then, at some point in time, while we still had factions, they tended to select an Executive as well and present a list of candidates for the RA. The Executive election was thus very dependent on the RA election and very political. Nowadays, well, without factions, we can say that the Chancellor is a bit less "political", even though, of course, the Chancellor will often try to align himself or herself with a group of RA members who support his or her role.

The SC, by contrast, can be way more detached, and even antagonistic to the RA. This, again, was deliberate. That's why there has been a substantial reduction in powers of the SC. On the other hand, in moments of crisis, the RA and the SC can quickly and swiftly act in tandem to get laws approved. I remember super-short RA sessions where only a single bill was approved, and as soon as the RA members stepped down from their chairs, we would all rush to the SC meeting and ratify those laws immediately. So both alternatives, stalling or quick approval — both important in the CDS, depending on necessity — were possible. The model was flexible enough to allow both to coexist. And the beauty of it was that each branch was independently created and sustained, so that there was little influence across both — if there was a need greater than individual egos, both could work closely together for the benefit of the citizens.

The old wording about Professors, Chairs, and a Dean reflects the original principles: the Scientific Council was thought to work like a University College of Laws, with members well-versed in the law, and offering advice, or even plainly rejecting badly-written laws. This made perhaps more sense when the CDS was new. It might feel a bit outdated at this point in time.

Of course, the SC is never completely unbiased — that's pretty much impossible to achieve, since everybody has their own bias :) So a way to deal with that — pretty much inspired by Moon Adamant, when she was running the New Guild — was to invite ex-members from all factions, and keep a balance that way. With the end of factions, current SC Deans have to be more creative in achieving that balance when inviting new members, but that's ok, we encourage creativity :) Since RA members can only get elected two terms in a row (and Chancellors just once every year), this makes it pretty obvious that a simple method to achieve rotativity is to invite non-elegible former RA members as SC members, since they have lots of experience with the law.

So these are pretty much the principles behind the system, and it works well. Remember, any SC member can always be impeached, or even all together, if the RA so wills. Failing to uphold the Constitution is more than reason enough for that, but there is a deliberate twist: the RA can impeach any member of the SC without giving a reason. This was mostly to avoid that in a court of impeachment, fellow SC members might question the validity of the reasons behind an impeachment. So, the RA doesn't need a valid justification. They can just "do it" :) All it needs is a motion and a simple majority vote.

Now what has been argued in this thread is something that we deliberately tried to avoid for seven years: changing an institution because someone dislikes a member of that institution (even with a valid reason for that dislike). This is not really acceptable under the principles we work under; granted, those are unwritten principles, but they're just common sense. I personally have nothing against Soro or any other member of the SC, and, in general, I think they did a fair job overall, kept a cool head most of the time, and pronounced things according to their views and interpretations of the legislation, and those interpretations were usually correct. Of course, that's just my opinion as a detached watcher. I don't what happened outside the public scope, and thus have no grounds to have any different opinion. Obviously anyone is prone to make mistakes; not even the SC is exempt from infallibility, and the Dean of the Scientific Council is not under the dogmatic mandate to speak the truth ex cathedra like some sort of Pope of Law :)

So I urge you to leave the SC as it is; it works well that way. If, however, there is a strong view against one or more members of the SC, citizens are encouraged to present a motion of impeachment at the RA and persuade the RA to vote upon it. A different strategy is to get accepted as SC member and try to influence its decisions; all it takes for a nomination from five citizens. There is precedent for that in the past. The SC can still reject the application, of course, but since SC members are voted in with a majority vote, and shortly there will be four members in the SC, I can imagine that it won't be hard to get a few more nominees in.

In any case, I do side with Pat on this. I cannot criticize any errors that were made in the past, specially if they were made in ignorance and with a good intention. I might resent that a lot of petitions to the SC have been ignored so far, but there might be good reasons for that. Of course, if someone has proof that the intentions of some SC members are not what they seem, then that's a different story. But one thing is gossip, rumour, and drama; the other thing is factual evidence.

"Loss of confidence" in the current SC is not a valid reason to abolish the SC or to turn it into a different thing. It is, however, a good pretext for, at most, nominating a few new members and/or impeach some of the current ones...

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Re: A worrying question

Post by Trebor Warcliffe »

Gwyneth,

Thank you for your current post giving our citizens some background on how the CDS government came to be. I found it very informative.

Trebor

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Re: A worrying question

Post by Rosie Gray »

That's very interesting Gwyn, thanks for outlining the history and your analysis of the SC as an institution.

I think that this type of 'history' should be posted on the portal, and even be made available in a library somewhere in the sims. Perhaps it should be edited by a few of the 'old timers' (and I mean the real old timers who went through some of the evolution of the CDS - the founding Mothers and Fathers, if you will 8) ).

It is very difficult for someone new to the CDS to understand how the institutions function, and fit the various pieces of the governing bodies and history together for a better understanding of the sims and groups that comprise the CDS. When I had my very brief stint as Secretary of the NG, I spent about a month familiarizing myself with the history of that group, talking to those that understood the history of it and the ramifications of how it functions. There was no one place to look, and although Moon was gracious with her knowledge it is unfair to put that kind of burden on one individual. At any rate, I think this kind of resource would be invaluable.

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josjoha
Passionate Protagonist
Passionate Protagonist
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Re: A worrying question

Post by josjoha »

Hi Gwyn,

Thanks for the history, history is always great. I didn't realize the RA could impeach SC members, which is something I'll have to think about if it is a proper way to function because it makes the SC beholden to the RA, against which it upholds the Constitution in case the RA breaks the Constitution. I don't want to change the SC institution because of the current SC members, but just look at the systems and wonder if it will be a good Government model (I should read the Constitution some day hehe, it is stupid of me not to read it in full yet, sorry.) There is no democracy in the world to my knowledge where the Constitution can be changed without the people in general having the chance to have their will felt. Because in the CDS the RA with the SC, a small ruling minority, can change the Constitution, in the CDS the people are primary and the institutions are secondary. This may not feel that way because of the official ways of talking, but that seems to be the potential for powers in the CDS. If the people now in power want, they can change the CDS Governance system into whatever they please, as long as the SC and RA combine forces. Since the RA can impeach the SC and have new people 'appoint themselves' to be SC, and then change the Constitution to whatever they want, the RA has a clear and simple road to do as it pleases. I think this should be changed, so that we have the rule of law, and the rule of the people (who would then be necessary to ratify a change into another form of Government, including the potential for a tyranny.) Hence I am personally not sure if it helps with separation of power that the RA has these great powers over the SC.

One solution that many nations use, facing the same problem, is that the courts are appointed for long durations, but each Government only appoints a minority of judges. One idea is to have the past RA appoint the SC members for the next term of the RA, and the currently ruling RA would then be unable to do anything about the power of the SC. The SC can then rule in cases of law against the RA, without the fear of being impeached.

I have learned that Ceasar wanted to be in the SC, but despite apparent qualifications has been voted out by the current SC.

I don't want to sound like a ... bad morning mood, but: it is not enough for the SC to be correct, it should also have the faith of the vast majority of the people in its competence and being unbiased. That is because the Constitution says something to that effect. It seems the Constitution is right about that demand because without enough standing and belief in it being unbiased a court can not make credible court rulings (the SC is, perhaps I see it wrong, the Judiciary branch of the CDS, a combination of high court, appeal court and factual court.)

best regards,
josjoha

www.law4.org Constitution & Revolution, live happy ever after ...
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