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Committee on Judicature Modernisation — Subject to the Chair Appointee: The Honourable Claudia Gwyneth Wintergreen, Emperor’s Counsel
Judicature Modernisation 2017 — Domestic Nation State Issues -- An excerpt from the two hundred and thirtieth parliamentary hansard: Friday, 15 September 2017 - Volume 951; Appointment of Chair — Subject to the Ministers of the Executive Council, Emperor, and Realm.
Rt Hon Speaker SAUL RYAN (Speaker of Parliament; Social Democratic Party; Electorate of Weirconsin): Taking the Chair, Notice [Late] before Parliament — seven post meridiem.
Rt Hon ANNABELLE THORNDON-STEVENSONN (Chancellor of the Nineteen Countries; Christian Democratic Party – Democratic Faction; Electorate of Altbrandenburg): Seid gegrüßt, Brüder und Schwester. Guten Tag. Hereby in accordance with section six of the Judicature Modernisation Amendment Act 2016 shall I move, that parliament endorse The Honourable Claudia Gwyneth Wintergreen, Emperor’s Counsel, as Chair of the Committee on Judicature Modernisation, co-nominated by the Chancellor of the Nineteen Countries and the Imperial Head of Opposition, with the agreements of the Seventeenth Yohannesian Emperor and the Chief Justice of the Peace under section nine of the Amendment Act. The Committee on Judicature Modernisation is a very important piece in the machinery of nation state governance. It is a body created in 2016 to implement the Executive Council’s response to the Chief Justice of the Peace’s recommendation and the Law Commission’s 2013 report ‘Review of Judicature Amendment Act 1959: Towards a Better Understanding of Judicial Review.’ It is tasked with ensuring the continuing modernisation of the Courts of Unity Law, under the supervision of the Head Judicature of the Justices of the Peace.
Parliament has seen to it that in realising the continuing modernisation of our nation state’s judiciary system, democracy must be kept alive by ensuring law-abiding citizens sit on that committee; especially those who are qualified, and those who have illustrious long experiences of being responsible for overseeing the work of parliament on behalf of the people of the nineteen countries. Hon Claudia Wintergreen has a long list of both legal and legislative achievements for her age. She has the experience to operate successfully in a democracy. She has been a Majority Leader Pro Tempore since 2014, and at one point an appointed independent bar member in the National Court of the Kingdom of Alexandria. Her areas of expertise are environmental and resource management law and related fields, making her an obvious appointee to complement our quest to realising a green, environmental friendly Yohannesian economy by 2040. I therefore commend the Motion before this august Assembly.
[ … Shuffling of papers heard; a brief pause, and nodding heads seen all around the chamber… ]
Rt Hon JEREMY ROBYN (Imperial Head of Opposition; Social Democratic Party; Electorate of Clearingtonne): It is my honour to hereby address Members of this Assembly in seconding the motion and to support the nomination of the Hon Claudia Wintergreen to chair the committee. As the Chancellor has said, I do not believe that anyone in parliament has accomplished more than the Hon Claudia Wintergreen in the administration of this Assembly, and in the fields of environmental and resource management law with respect to legislative decision making process. Of course, she has been an elected Majority Leader Pro Tempore for the Christian Democratic Party since 2014, and as such we may have differing opinions, and disagree on minor matters at times. But looking at the subject Member I cannot but see a person of neutrality, who have an open-minded curiosity to differing points of view. I find it amusing that an Imperial Head of Opposition has actually nominated possibly one of his most dangerous future adversaries. Who knows? The subject Member may even become a future elected emperor. Of the Christian Democratic Party. Crikey. A wee bit disconcerting for me prospect, lads n’ lasses.
In spite of that, I have no hesitation in hereby voting for the motion and to stand in support of the subject Member.
KAYLA FLETCHER (Parliamentary Under-Secretary of Geoscience and Natural Resources; Green Party; Electorate of Weston): Standing in representation of the Green Party, I would also like to express my support for the quality of the subject Member. The area of bodies and persons susceptible to review before the judicature has widened slowly over the last few decades. Today, applications for review may lie against Ministers of the Realm, heads of government departments, inferior courts, statutory tribunals, local government authorities, and sometimes, even those of body corporates. Any decision of public importance is potentially reviewable. Courts of the Unity Law have ensured that the exercise of power is reviewable if it is “in substance public” or has “important public consequences.” The basis for review is especially stronger where the bodies and persons have no alternative form of redress. Sometimes, because of the fact that such source of powers is not material, whether it be statutory or prerogative, the process of modernising the machinery of judicature in the nineteen countries can be hard.
The exercise of statutory powers is reviewable according to the Judicature Modernisation Amendment Act 2016, but how can we attempt to do so when the respective National Courts of the nineteen countries have not uniformly agreed on one course of action in the exercise of non-statutory powers? The Regent’s Court of Lindblum stipulated under its Fifth Principle that the exercise of non-statutory powers is reviewable, whereas the Merchant’s Court of Landburg ruled otherwise. As an incoming Chair of the committee, the subject Member will have to muddle her way through many such examples of irregularities. I believe, however, that the subject Member has the prerequisite skills and proven expertise — to guide the committee through such complex nation-state problems.
And so because of that the Green Party view the subject Member’s appointment as the right step forward to seeing the successful modernisation of the judicature of our law courts, well into the future.
NICKEL FALLAGE (Yohannes First Party; Electorate of South East Burmecia): I want to say that I am dissapointed by the almost uniform agreements of all parties in parliament to appointing the subject Member. I find that undemocratic. There have been occasions in the past where I have disagreed with the subject Member. And how did the subject Member responded? Almost always by raising a point of order before the Speaker, or to somehow delay proceedings in parliament. To achieve what she wants, or what her party wants.
[ OH C’MON YOU DO IT YOURSELF ALL THE TIME NICKEL! Some members from the Green section heckled. ]
NICKEL FALLAGE: There was an old prophet according to the Chronicles of Founding Fathers; he said that in order for democracy to be alive, there must be an opposing force, standing strong, expressing what is right. What is good for the nation state. What is good for our people. For Yohannesians —
[ YOU MEAN WHITE YOHANNESIANS? Some members from the Christian Democratic section laughed. ]
NICKEL FALLAGE: And because of that I hereby stand before this Assembly in expressing the refusal of Yohannes First to seeing the Subject Member becoming Chair of the Judicature Modernisation Committee. Thank you.
[ … The quorum has been reached… ]
Rt Hon Speaker SAUL RYAN: A party vote shall be called into question. Hereby in accordance with section six of the Judicature Modernisation Amendment Act 2016 shall I ascertain the endorsement of parliament to Hon Claudia Wintergreen assuming the position of Chair of the Committee on Judicature Modernisation.
Those who say Ayes:
[ AAYYYEEEE! Members from the Christian Democratic, Social Democratic, and Green sections collectively gave a loud and piercing cry; which was more than enough to form a voting supermajority. ]
[ … Shuffling of papers heard; a brief pause, and smiling faces seen all around the chamber… ]
[ Results: 331 Ayes and 104 Noes [Parliament] — 77 Ayes and 23 Noes [Electoral College] ]
Rt Hon Speaker SAUL RYAN: This week has certainly been a busy one. This Assembly has moved at least two important domestic bills and has seen quite some interesting debates, resulting in some lines of standing orders being violated by... certain Members. I have presided over twenty questions for oral answer and ensured at least two registered bills were brought before the appropriate select committees.
Honourable Members, I wish you all the good night that you deserve.
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