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Messages - Viteu

#76
Consistent with Article III, section 9 of our great Constitution, I hereby nominate myself as Premier and Tric'hard Lenxheir as Presiding Officer.
#77
Colleagues:

The Grand Session XV of the Estats Xhenerais of the United Provinces of Vuode and Dandenburg is now in session and comprised of the following councillors: Viteu Marcianüs, Tric'hard Lenxheir,  Chirbi Scherpa-Carriedo,  Chirbi Scherpa-Carriedo, Adam Grigoriu, and Eðo Grischun.

Let us know now electing a Premier and Presiding Office as constitutionally mandated.
#78
Wittenberg / Re: [TNC STATEMENT] Thank you, Talossa!
February 03, 2023, 01:21:53 PM
Quote from: Baron Alexandreu Davinescu on February 03, 2023, 12:56:18 PM
Quote from: Viteu on February 03, 2023, 12:18:35 PMCool. If any matter comes before the UC involving any challenge to the actions of the incoming Government or involves the election in any form whatsoever, no matter how remote, I fully expect SJ Cjantscheir to recuse herself sua sponte.
The law was specifically changed in recognition of the fact that judges often felt exiled to inactivity by their position, given how much of Talossan public life involves politics both directly and indirectly.  Accordingly, judges are now permitted to engage in partisan politics and work in the Government.

When was Article VIII, section 3 of the Organic Law changed? Or is this some other law that was changed? If so, which and when?

QuoteI'd generally presume the standard for recusal is the one set out for magistrates in the law, clearly: they "must recuse themselves from a matter upon a real or apparent conflict of interest."  The standard you're proposing for recusal seems unrealistically broad, and I don't see any real reason for it.  It essentially obviates the very change set into law to allow judges to participate in politics, in fact, since the vast majority of all Talossan cases involve the Government or elections.  It also flies pretty directly in the face of direct Talossan precedent affirmed by the full Cort, which has found that allowances must be made in our small community for close associations that might be taken in other contexts for conflicts of interest.


The creative interpretation to the standard that you are proposing would allow Litz to vote for a statute just to turn around and require a litigant to force her to show her why her vote was wrong. That is an actual conflict of interest by any definition.

My standard aligns perfectly and naturally with the standard that you referenced. I am most certain that you would not feel comfortable with me being in the Ziu, voting against legislation proposed or supported by the Government, and then having someone else sue the State or Government about that legislation only for it to come before me on the Cort. It appears to me that you're attempting one standard for the TNC and another standard for everyone else. Perhaps you can prove me wrong by the TNC keeping its word in favor of apolitical judges.

#79
Wittenberg / Re: [TNC STATEMENT] Thank you, Talossa!
February 03, 2023, 12:18:35 PM
Quote from: Lüc on February 03, 2023, 12:11:19 PMWell, yeah, otherwise they wouldn't be allowed to sit in the Cosă to begin with. I wonder whose idea was that.

(Though, interestingly, according to Talomat the TNC is in favour of apolitical judges.)

Cool. If any matter comes before the UC involving any challenge to the actions of the incoming Government or involves the election in any form whatsoever, no matter how remote, I fully expect SJ Cjantscheir to recuse herself sua sponte. I hope that the Cort's current inactivity continues, at least it relates to anything in which SJ Cjantscheir must recuse herself, given that we'd be down to two-to-three judges to adjudicate matters.  Brava.


Unlike others, I will continue to refrain from further politicking.
#80
Wittenberg / Re: [TNC STATEMENT] Thank you, Talossa!
February 03, 2023, 11:54:42 AM
So we're cool with UC Judges politicking? Asking for me.
#81
Vuode / Re: Don't forget to vote.
January 31, 2023, 07:02:56 PM
Good news: Vuode has an 80% turnout rate thus far.

Bad news: Ups Cotschneu may lose his citizenship if he doesn't vote.
#82
Vuode / Re: Don't forget to vote.
January 25, 2023, 11:34:58 PM
Quote from: Tric'hard Lenxheir on January 25, 2023, 02:32:00 PMLet's try to get 100% turnout from Vuode! @Trotxâ Betiñéir @Aladna la Mha-Coca @Matthew Lindberg-Work @Ups Cotschneu are the only citizens yet to vote!!!

I don't think these folks have Witt accounts.
#83
I, Viteu Marcianüs, hereby claim my right to be seated in the next Grand Session of the Estats Xhenerais.
#84
Councillors of the Thirteenth Grand Session of the Estats Xhenerais of the United Provinces of Vuode and Dandenburg and all adult citizens of these United Provinces:

It has long been the tradition of our province that Article III, Section 3 of the Constitution of the United Provinces of Vuode and Dandenburg operates above any other provision in that "Grand Sessions of the Estats Xhenerais are instantly convened and dissolved with those of the national Ziu."   Moreover, that any adult citizen of the United Provinces claimed their constitutional right to sit as Councillor in the Grand Session of the Estats Xhenerais, provided such occurred during a national election and through publicly announcing the requisite declaration, according to Article III, Sections 2 and 5, has always served as the basis of, and been recognized as constitutionally permissive for, the composition of the Estats Xhenerais.  In sum, the referenced-provisions have, through practice, obviated the role of the Cunstaval or other ceremonial circumstance, such as swearing in each member or dissolving each Grand Session, otherwise set forth in our great constitution, and any required oath or swearing in is widely accepted as implicit in the assumption of responsibility in claiming one's seat as Councillor.

Against that backdrop, and in strict adherence to the traditions of these United Provinces in applying their constitution, let it hereby be known that the Thirteenth Grand Session of the Estats Xhenerais was dissolved with the national Ziu, and that, from this point onward and in this thread, any adult citizen of these United Provinces may lay claim to their seat as Councillor in the Fourteenth Grand Session of the Estats Xhenerais by making the public declaration set forth in Article III, Section 5 of the Constitution of the United Provinces of Vuode and Dandenburg, which is:

"I, [NAME], hereby claim my right to be seated in the next Grand Session of the Estats Xhenerais"

And let it be known that having made such declaration, and in accord with all other provisions therewith, upon the conclusion of the national election, all adult citizens of these United Provinces having laid such claim, be recognized through operation of law as Councillors to the Fourteenth Session of the Estats Xhenerais, and that such having been deemed immediately commenced.   

May all adult citizens of these United Provinces come forth and lay claim to constitutional seat as Councillor in the Fourteenth Grand Session of the Estats Xhenerais of the United Provinces of Vuode and Dandenburg.
#85
Vuode / Re: [Chancery] Senate Election in Vuode
January 19, 2023, 10:47:04 AM
Congrats, Senator-elect Lenxheir.
#86
 Thank you. Congratulations to the new Knights and other Medal recipients.
#88
Vuode / Re: Comment: Proposed Provincial Mergers
July 28, 2022, 12:40:09 PM
1)   The E-X is de jure convened by operation of law; but because it has no sitting members, it's de facto not convened.  There is no method by which we can claim our seats in the E-X until the next GE.

2)   Reading XI.1 in whole, I would read the first part talking about self-governance, autonomy, and administration to imply that consent of the province means provincial government.  Whether that also requires a referendum is another question.  But otherwise, on what authority could the merger be submitted to the people of a province without the consent of the provincial government? I don't know how I feel about the Ziu pushing a referendum on a province without the provincial government acquiescing, and how that flows with the provincial right to self-governance and autonomy.

I add that the M-M Scheme requires no consent of the Ziu.
#89
Vuode / Comment: Proposed Provincial Mergers
July 26, 2022, 03:46:08 PM
The issue of a provincial merger involving the United Provinces of Vuode and Dandenburg ("Vuode") has once more arisen. 

The Expedition of the Thousand Act, presently before the Assembly of Benito, proposes that Vuode, Florencia, and Benito merge into a new province named Garibaldi (the "Benito Scheme")

Separately, Maritiimi-Maxhestic ("M-M") is gauging local interest in reviving a proposed scheme that would have M-M and Vuode remain separate provinces at the national level, each maintaining their own Cunstaval and Senator, while forming a joint legislature for provincial-level matters (the "M-M Scheme").  I understand that Senator Grischun had drafted a proposed constitution to this effect in 2015. 

First, Vuode, at present, does not have an active government and therefore cannot pass legislation for either proposal.  This can be remedied following the next national election should Vuodians elect to claim their seats in the Estats Xhenerais. 

Second, I take this opportunity to reiterate my opposition to any formal merger at this time.  Therefore, I do not support the Benito Scheme

Third, I am unfamiliar with the M-M Scheme as it originated in my time away from Talossa and, in my estimation, has not come up since my return. My preliminary impression is one of intrigue, and I am happy to consider it in good faith. 

I invite all citizens of Vuode to make their wishes known and indicate if they are open to discussion/debate. 

I intend to take my seat in the E-X at the next election.  While the Benito Scheme is dead-on-arrival for me, the M-M Scheme seems promising. 

-V

Edits: typos
#90
I don't disagree.  Perhaps a rule that, except for the Ziu, Hopper, Courthouse, etc., ony the SoS can delete a post.  All other admins may move a questionable post to a sort of swap board to allow the poster to be on notice that their post was moved, and if they want, to challenge it.  This would hopefully prevent any other posts from being "lost forever" to stave off another lawsui perhaps.

V