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Topics - Açafat del Val

#21
In pursuance to Article IV, Section 2 of the Florencian Constitution, which reads...

QuoteThis Constitution may be amended in whole or in part by a resolution of the Nimlet, provided that such a resolution passes with the voted consent of each Senator for Florencia. After approval of any such resolution by the Constable, the amended form of this Constitution shall be considered in force and the law of the land.

... I do make the following resolution of this Nimlet and put it to this honorable House for a final vote, to wit:

QuoteBe it resolved by this House of Shepherds of the Province of Florenica assembled, that:

(1) The Constitution of the Province of Florenica, which be in effect at the time of passage of this Resolution, shall be hereby nullified in whole, entirely, and inseverably;

(2) The newly proposed Constitution of 2020, which be found at this address <https://wittenberg.talossa.com/index.php?topic=119>, shall be hereby effectuated forthwith for the whole, entire, and inseverable Province of Florencia; and

(3) Any law of any kind, manner, or source which be in effect at the time of passage of this Resolution shall remain in effect unless it contravene the newly proposed Constitution of 2020, in which case it shall be nullified upon the affectation of this Resolution.

The deadline to vote on this Resolution is made to be the shortest possible duration, i.e. 336 hours from the time of posting. That is approximately equal to May 1st, 2020.

Submitted in good faith by the Senator for Florencia,
a Member of the House of Shepherds,
this day the 16th of April,
in the year 2020,

/s/
Açafat del Val
#22
WHEREAS, it is the commonly understood purpose of a judge of any court of law to effectuate the law;

WHEREAS, it is immensely improper of a judge of any court of law to ignore the law for any reason;

WHEREAS, it is at best a high misdemeanor of a judge of any court of law to misapply the law willfully and knowingly;

WHEREAS, it is at worst an attack on the rule of law and the principles thereof whenever a judge of any court of law may misapply the law willfully and knowingly;

WHEREAS, it is a misapplication of the law and thus a crime if or when a judge of any court of law enter a judgement or a dictum contravening the law or causing a miscarriage of justice;

WHEREAS, the concept of justice is nebulous and unclear;

WHEREAS, it is commonly understood that because of the unclear nature of justice we the citizens of Talossa have chosen to be a nation of laws and to obey the rule of law;

WHEREAS, the law supersedes necessarily any faint, unclear, or subjective evaluations of justice,

BECAUSE, a nation would be without its laws subject to the whims and fancies of errant or unsound judges; and

WHEREAS, the nation of Talossa wishes not to be the victim of an errant or unsound judge who ignores the law in order to apply justice in whichever manner he may personally find suitable without regard to the written laws of our Ziu:

NOW, THEREFORE, BE IT RESOLVED by the Cosă and the Senäts in Ziu assembled that the contemporary Senior Judge of the Uppermost Cort, the right honorable Ián M.T. Tamorán, S.H., is impeached and shall be removed from such office forthwith for such high crimes and misdemeanors as exhibited by the following articles of impeachment:

FIRST, a miscarriage of justice: The Senior Judge committed multiple gross and plain errors during the course of a recent criminal case and, according to the Uppermost Cort itself, committed an incredible error again when entering an acquittal for the same case. The Senior Judge did not adhere to established procedure, did not apply due process for all involved parties, and prejudiced the trial. These things results in a miscarriage of justice which is likely to repeat itself in the future.

SECOND, the incredible unbecoming conduct: Recently the Senior Judge made a public statement. He said, to wit, "[T]he function of Justice is Justice, not Law. Human law is an attempt to codify Justice, but in final analysis Justice cannot fully be codified or restricted into unwavering pre-ordained channels - it is more subtle, and deeper, than that." This statement alone is disqualifying and constitutes a high misdemeanor. It taints any future judgements which he may enter in future cases or controversies. Moreover, the Senior Judge has admitted publicly thereby that he does not intend to be a judge of the law, but a judge for whatever justice he personally finds suitable. Talossa is a nation of laws, and no judge of its courts may render justice without regard to those laws. Those who have done otherwise, do otherwise, or will do otherwise are unbecoming of the judiciary and must not hold any judicial office.
#23
Florencia / Proposal for a New Constitution
February 01, 2020, 11:17:05 AM
Azul, fellow Florencians! As our Senator I would like to post publicly a formal proposal for a new constitution of our beloved province. This draft has been worked on by myself, the Governor, and others. This is NOT a formal resolution of the Nimlet, but a public Q&A which might refine the final version which will be eventually put before the Nimlet for passage.

First are some notes of the most major changes, though there are lots of little edits (mostly for grammar, style, or law) which you may want to read the whole proposal for.





       
  • I made higher-resolution versions of the provincial flag and seal.
  • The Senator must now be a Florencian.
  • The Senator may no longer veto constitutional amendments unilaterally.
  • The Governor is appointed by the Constable only and unilaterally, BUT the Shepherds may remove the Governor by votes of no-/confidence.
  • The Governor may now be a non-Florencian if no native is available for the job (but the Constable must "prefer" natives).
  • The duties of an absent (or vacant) Governor may be performed by the longest-serving (or "dean") of the House of Shepherds.
  • The Constable/King may no longer veto laws summarily, but may be overridden by a 2/3 vote of the Nimlet.
  • Resolutions of the Nimlet may still be passed by a simple majority (i.e., when Yeas are greater in sum than Nays), but an absolute majority is required for constitutional amendments.
  • There are TWO modes to make amendments to the constitution: first, by the Shepherds which can be summarily vetoed by the Constable; and second, by referendum which CANNOT be vetoed by the Constable.