[TNC STATEMENT] Thank you, Talossa!

[Viteu]

For those who think that I am manufacturing the argument about the Rule of Law, here is a perspective from the UK:

• State observance of the rule of law requires the availability of effective and impartial dispute resolution mechanisms. This means that citizens must be able to access the courts, and be heard by independent judges, under a fair process. It requires that judges be appointed through a process that is not controlled by the government of the day, and have security of tenure. Judges are not accountable to politicians for their rulings – hence, judges in the UK may voluntarily attend parliamentary committees to discuss the administration of justice, but do so on the understanding that they will not be questioned about particular cases. Flawed judgments can be challenged by legal routes, usually an appeal to a higher court.
• Threats to judicial independence are often considered a particularly worrying sign of democratic backsliding. The removal of an independent judiciary makes it more difficult for citizens to defend themselves against unfair or disproportionate state action, and facilitates the erosion of other facets of democracy – for example, making it more difficult to challenge unfair electoral practices.
• Poland and Hungary are two well-known examples of this. The Polish government has systematically reduced judicial independence via changes to the appointments system and disciplinary arrangements for judges; in Hungary, judicial security of tenure was violated by lowering the retirement age to force out some judges, and later new courts were established to take over some of the most politically sensitive cases. The most extreme attacks on judicial independence in other states have seen judges imprisoned in response to their rulings
• However, independence can also be threatened by less obvious means – in particular rhetoric which pressurises judges to deliver certain rulings, or which aims to reduce public confidence in the judiciary. Hence, Donald Trump was criticised for attacking a 'so-called judge' who struck down one of his executive orders as unconstitutional.

Source: https://constitution-unit.com/2022/12/15/the-rule-of-law-what-is-it-and-why-does-it-matter/#:~:text=The%20rule%20of%20law%20is,fundamental%20rights%20and%20judicial%20independence.

In theory the idea of an impartial judiciary is a very good idea but in practice it is impossible, both in Talossa and every other country. Judges are not sequestered away and kept in the dark, they are picked by politicians, they vote, every judge is biased by his or her personal views on politics. In the United States a judge put in office by Donald Trump is more likely to be conservative, one put in office by Joe Biden will be more likely to be liberal. However I do appreciate that the UC is going to discuss this and I assume they will share whatever decision they eventually reach. The parties and their members have no control over the issue as it sits right now and so, other than asking out of curiosity how the discussion is going it is nobody elses business. My only problem with the so-called "impartial judiciary" is the incredibly small number of active, knowledgeable citizens currently available in the country makes it extremely difficult to fill all government vacancies. My final thought on the subject is that the subject should be dropped by all of those not involved in the actual discussion. Sorry Breneir but this means you as well as any others who are not justices and the justices need to have their discussion in private.

Because you think that something is impossible means we shouldn't strive for it?

[Ian Plätschisch]

Because you think that something is impossible means we shouldn't strive for it?

Have you ever heard of John Hasnas?

[Viteu]

Because you think that something is impossible means we shouldn't strive for it?

Have you ever heard of John Hasnas?

I do not agree with his theory that the Rule of Law turns people into slaves of the State.

[Miestră Schivă, UrN]

I googled the guy, saw "Cato Institute" and noped out :D

[Ian Plätschisch]

Because you think that something is impossible means we shouldn't strive for it?

Have you ever heard of John Hasnas?

I do not agree with his theory that the Rule of Law turns people into slaves of the State.

It's more so that the Rule of Law, as most people conceptualize it, is impossible to establish. Statutes will always be ambiguous and are subject to be interpreted according to multiple contradictory legal theories. Judgements are always influenced by a Judge's beliefs, regardless of whether the Judge is attempting impartiality.

I hasten to clarify that there can certainly be degrees to which the Rule of Law is established or not, and that having openly political judges probably doesn't help.

[Üc R. Tärfă]

In theory the idea of an impartial judiciary is a very good idea but in practice it is impossible, both in Talossa and every other country. Judges are not sequestered away and kept in the dark, they are picked by politicians,

Well, not in every country.

I appreciate you sharing your opinion, Tric'hard but I guess we will have to agree to disagree on whose business it is. As a question of the rule of law and our democracy, it is every citizen's business how the UC governs itself.

Therefore, at regular intervals, as a concerned citizen, I will continue to follow up until a decision on this question is announced by the UC.

But in 14 days you will be sworn in as the new Seneschal, so you are not only a "concerned citizen" anymore. You should avoid to give the impression of the Chief of Government - the Executive - putting pressure on the Judiciary.

[Miestră Schivă, UrN]

I think it's going to be something of a culture shock for the TNC, who have made a whole shtick about being "just concerned citizens", to actually be responsible for things and thus subject to "concerned citizens" getting on their case

[Baron Alexandreu Davinescu]

Threatening with a good time! :-) If a bunch of citizens are actively interested and engaged in their country, we will not be upset.

[Miestră Schivă, UrN]

Well, that's certainly not my experience of how the TNC leadership historically react to criticism. I'll always remember that foul remark about my "ravening maw", or the overheated accusations of "wanting to grind up Talossa so small it'll fit in your pocket".

[Baron Alexandreu Davinescu]

Okay. I'm sincerely glad that you are going to continue being active and productive, for many reasons. I know that you made a solemn promise to retire, but you would be sorely missed if you had kept your word. I hope that you become more involved with the language, get back into media, or just continue your leadership in the Ziu. This would be a very different place without you.

[Viteu]

The UC has promulgated a rule addressing the issues surrounding a sitting UC Judge also serving as an MZ.