Decisions of the SC meeting of December 10th, 2006

Announcements by the Dean of the Scientific Council

Moderator: SC Moderators

Post Reply
User avatar
Gwyneth Llewelyn
Forum Wizard
Forum Wizard
Posts: 1183
Joined: Thu May 25, 2006 8:00 am
Contact:

Decisions of the SC meeting of December 10th, 2006

Post by Gwyneth Llewelyn »

Presences: Diderot Mirabeau, Flyingroc Chung (not present during the whole meeting), Gwyneth Llewelyn

Agenda: Validate the Act introducing the Special Comission on the Judiciary and its aggregated Code of Procedures of the Judiciary that replaces the current one in effect

After a public request by the Dean for citizens to submit their comments supporting the constitutionality of this recently approved Act, as well as kindly requesting all members of the Scientific Council to deliberate on the issue, the following was decided:

  • [*:1lfblpt8]That the five first points introduced by this Act, which create the Special Commission on the Judiciary, are fully constitutional, as well as being possible to interpret them as a manifestation of the internal procedures of the Representative Assembly allowing them to delegate tasks to committees ([url=http://www.aliasi.us/nburgwiki/tiki-ind ... s:1lfblpt8]"Neufreistadt Representative Assembly Procedures for Meetings"[/url:1lfblpt8], articles 4, 8, and 9) with better clarifications as to the exact scope of this new Comission;[/*:m:1lfblpt8]
    [*:1lfblpt8]That under Article 17 of the Judiciary Act ([url=http://www.aliasi.us/nburgwiki/tiki-ind ... 1:1lfblpt8]NL5-11[/url:1lfblpt8]), "[i:1lfblpt8]Subject to any provision in this Constitution, and any duly ratified Act of the Representative Assembly, Courts of Common Jurisdiction shall have inherent jurisdiction to govern their own proceedings.[/i:1lfblpt8]", the introduction of a Code of Procedures to govern the Judiciary's procedures established in article 6 of the Special Commission on the Judiciary is indeed allowed;[/*:m:1lfblpt8]
    [*:1lfblpt8]That Rules 1, 2, 4, and 5 of said proposed Code do not violate the constitution, founding documents, or the Code of Law of the CDS;[/*:m:1lfblpt8]
    [*:1lfblpt8]That Rule 3, introducing "pretrial" hearings, is mostly consistent with the scope of constitutional powers. However, its last phrase [i:1lfblpt8]In the event that no agreement is reached, the court may issue a pretrial order, but such pretrial order may be immediately appealed to the Scientific Council, which may reverse, remand, or amend any order that it deems unreasonable.[/i:1lfblpt8] introduces an inconstitutionality: the Scientific Council, under the Judiciary Act, is not allowed to accept appeals on grounds of "unreasonability" but only "constitutionality" (see 12th amendment of the Constitution, after the end of Article III, Section 8 (Powers of the Scientific Council), new articles 1 and 2 establishing the grounds for appeal to the Scientific Council)[/*:m:1lfblpt8][/list:o:1lfblpt8]
    It is thus the fundamented opinion of the Scientific Council that a Code of Procedures introduced by the Representative Assembly cannot, in fact, change the powers of the Scientific Council which are constitutionally defined (in the current case, broadening its scope of valid appeals).

    Therefore, the Scientific Council suggests to strike down the relevant phrase ("[i:1lfblpt8]but such pretrial order may be immediately appealed to the Scientific Council, which may reverse, remand, or amend any order that it deems unreasonable.[/i:1lfblpt8]"), since the powers of appeal to the Scientific Council are already firmly established in the Constitution and cannot be changed without a constitutional amendment.

    The Scientific Council thus approved (by all its members present at the meeting) to re-submit the Special Comission on the Judiciary Act back to the Representative Assembly for a rewriting.

"I'm not building a game. I'm building a new country."
  -- Philip "Linden" Rosedale, interview to Wired, 2004-05-08

PGP Fingerprint: CE8A 6006 B611 850F 1275 72BA D93E AA3D C4B3 E1CB

User avatar
Gwyneth Llewelyn
Forum Wizard
Forum Wizard
Posts: 1183
Joined: Thu May 25, 2006 8:00 am
Contact:

Post by Gwyneth Llewelyn »

As a side note, I would like to personally thank all the hard-working citizens that sent the SC their suggestions on emails and notecards. Thank you very much for participating!

"I'm not building a game. I'm building a new country."
  -- Philip "Linden" Rosedale, interview to Wired, 2004-05-08

PGP Fingerprint: CE8A 6006 B611 850F 1275 72BA D93E AA3D C4B3 E1CB

Post Reply

Return to “Scientific Council Announcements”