[SENESCHAL'S OFFICE] Recommendation of a Secretary of State

Started by Miestră Schivă, UrN-GC, August 03, 2020, 12:01:52 AM

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Baron Alexandreu Davinescu

Quote from: Viteu on August 03, 2020, 06:34:03 PM
Quote from: Sir Alexandreu Davinescu on August 03, 2020, 06:22:42 PM
Quote from: Viteu on August 03, 2020, 06:19:01 PM
The problem that arose from the statutory component was my fault--I cannot remember if I wrote the GC language at, before, during, or after the JP act.
Writing things like this is really complicated, especially without sharp scrutiny from others, and it isn't very productive to try to decide whose fault it is.  Don't worry about it.

I think, personally, we should go back to the original system: three justices, one of whom would serve as an initial trial justice.  And that's it.  It's simple and serves all of our needs.  The only change the original system needed was a mechanism to eliminate inactive justices automatically, since that was socially uncomfortable -- that's why the original magistracy was created, if we're real about it.

That's absolutely possible with the amendment without changing the org law again under section 6. My primary concern with that remains the inherent unfairness to an appellant arguing before either same judge and convincing that judge and two colleagues why they are entitled to relief. Of course, a four judge UC would help that. All of this now falls to the Ziu. And once the amendment is in effect, any statute related to it requires 2/3 Cosa support with simple Senate majority, across two Cosas, to change.  The idea being that trying to change the Cort to something political would be subject to scrutiny in an election. But a change that truly addresses Talossa's needs will be obvious and shouldn't be a partisan issue.
Yeah, I think you could also have four justices or five and the simple system would work great.

As far as I recall, by the way, the soonest a change to the statute could happen would be in more than two months, by the way.  I mean, if I remember correctly, the new system that was just ratified requires that the first Clark have no bills in it, and that second Clark is supposedly supposed to come after a month of recess.  So I don't think any quick fix by the Ziu is possible, thanks to the recent changes.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan

                   

Viteu

Quick reply-the 2/3 requirement across two Cosas *only* applies to the number of judges on the UC and not any inferior Cort, etc.
Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)

Viteu

Quote from: Sir Alexandreu Davinescu on August 03, 2020, 06:41:15 PM
Quote from: Viteu on August 03, 2020, 06:34:03 PM
Quote from: Sir Alexandreu Davinescu on August 03, 2020, 06:22:42 PM
Quote from: Viteu on August 03, 2020, 06:19:01 PM
The problem that arose from the statutory component was my fault--I cannot remember if I wrote the GC language at, before, during, or after the JP act.
Writing things like this is really complicated, especially without sharp scrutiny from others, and it isn't very productive to try to decide whose fault it is.  Don't worry about it.

I think, personally, we should go back to the original system: three justices, one of whom would serve as an initial trial justice.  And that's it.  It's simple and serves all of our needs.  The only change the original system needed was a mechanism to eliminate inactive justices automatically, since that was socially uncomfortable -- that's why the original magistracy was created, if we're real about it.

That's absolutely possible with the amendment without changing the org law again under section 6. My primary concern with that remains the inherent unfairness to an appellant arguing before either same judge and convincing that judge and two colleagues why they are entitled to relief. Of course, a four judge UC would help that. All of this now falls to the Ziu. And once the amendment is in effect, any statute related to it requires 2/3 Cosa support with simple Senate majority, across two Cosas, to change.  The idea being that trying to change the Cort to something political would be subject to scrutiny in an election. But a change that truly addresses Talossa's needs will be obvious and shouldn't be a partisan issue.
Yeah, I think you could also have four justices or five and the simple system would work great.

As far as I recall, by the way, the soonest a change to the statute could happen would be in more than two months, by the way.  I mean, if I remember correctly, the new system that was just ratified requires that the first Clark have no bills in it, and that second Clark is supposedly supposed to come after a month of recess.  So I don't think any quick fix by the Ziu is possible, thanks to the recent changes.

Gah. Okay, so assuming that's the case, for possibly one month, UC judges can sit on the GC if a case commenced then, based on 13.2.1 as adopted.

"13.2.1. In accord with Section 6 of Article VIII of the Organic Law, any action commenced in the General Cort of Talossa shall be heard by a single Judge of the Cort pü Inalt."

The only issue with the proposed statutory amendment is the ostensible change in UC seats. So if that part is removed, the bill creating CJs could be voted on in the Second Clark, and a change in seats for UC moved to separate legislation.*

Or, there's no real requirement that the seats be filled. So the Government could leave that provision as is to see how things work out.
Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)

Baron Alexandreu Davinescu

Quote from: Viteu on August 03, 2020, 06:34:03 PM
once the amendment is in effect, any statute related to it requires 2/3 Cosa support with simple Senate majority, across two Cosas, to change.
Can you quote this provision?  I can't find it.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan

                   

Miestră Schivă, UrN-GC

OrgLaw VIII.3 as amended by 54RZ25:

QuoteThe Ziu may enlarge the number of seats designated Puisne Judge to no more than eight, and may decrease the number of seats designated Puisne Judge to no less than two, provided that, in addition to the requirements for other legislation, two-thirds of the Cosa and a majority of the Senate support modification in two consecutive Cosas.

¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

Baron Alexandreu Davinescu

Quote from: Miestră Schivă, UrN on August 03, 2020, 07:03:26 PM
OrgLaw VIII.3 as amended by 54RZ25:

QuoteThe Ziu may enlarge the number of seats designated Puisne Judge to no more than eight, and may decrease the number of seats designated Puisne Judge to no less than two, provided that, in addition to the requirements for other legislation, two-thirds of the Cosa and a majority of the Senate support modification in two consecutive Cosas.
Yeah, that's what I found, too.  So it only applies to bills that enlarge or shrink the CpI.  So the other statutory bits can be eliminated without the wait.  Good, that makes it easier.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan

                   

Baron Alexandreu Davinescu

Acting as regent for the crown, I hereby appoint on behalf of His Majesty King John the following officer, and do bid him to perform his duty to the Organic Law and the nation to the best of his ability:

Dr. Txec Róibeard dal Nordselvă, Esq., O.SPM, SMM. as the Secretary of State.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan