Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Banishment Applicability to Discord Ruling
#1
I would like clarification on what this ban entails. May the defendent still access off-site property such as the LazCorp Discord server?
[spoiler=mooze pencil][Image: attachment.php?aid=36]
thankz denado<3[/spoiler]
Reply
#2
The Court of Lazarus has unanimously agreed on the following ruling, authored by myself:
Quote:Section 13 of the Criminal code explicitly defines the Lazarus discord server as "Public Infrastructure". Public Infrastructure is in turn defined as "as an area operated by the government or its associated authorities for use of the public, including, but not limited to, the NationStates region of Lazarus, the forum, or Discord.". Therefore this court considers all Lazarene Public Infrastructure to be an intrinsic part of Lazarus. Banishment is defined, by Section 13 of the Criminal code, as "removal by the relevant authorities of a person from Lazarus". Therefore, by utilising grammatical and teleological interpretation, as the court holds that Lazarene Public Infrastructure is an intrinsic part of Lazarus, banishment from Lazarus must include banishment from all Lazarene Public Infrastructure. The court also believes that for the Prime Minister or any other official to allow an individual who has been banished from Lazarus onto Lazarene Public Infrastructure would ultra vires as it would undermine the power of the Court to "restrain government action" and "compel the Delegate to impose upon the person a punishment permitted by law" as permitted by Article V, sections 4 and 8 respectively. Should the Assembly disagree with this opinion, it is, as usual, welcome to legislate to overturn the decision by means of an amendment or other legal instrument.
If additional judgements are to be requested as a result of this ruling, may I ask that they are henceforth to be done in a separate thread as I am now locking this one
Reply


Forum Jump:


Users browsing this thread: 1 Guest(s)