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[DRAFT] Judicial Inclusivity Resolution

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Wentworth on Grantham
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Founded: Sep 22, 2018
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[DRAFT] Judicial Inclusivity Resolution

Postby Wentworth on Grantham » Sat Sep 22, 2018 8:10 pm

Hi all I'm interested in proposing the following resolution to the World Assembly. I need endorsements from some of my fellow members to propose the action, feel free to comment and make suggestions!

The World Assembly,

Cognizant of the necessity to promote high levels of inclusiveness, as measured by the inherent metric, in regional judicial systems,

Alarmed by the growing number of judicial nominees unable to executive fair and prudent judgment on laws pertaining to underrepresented citizens,

Having considered the appropriate measures necessary to ensure equitable treatment before the law of all citizens regardless of individual or group identity,

Defines a judicial system as, but not limited to
Supreme Courts,
High Courts,
Regional Courts, and
notes with approval the ability for independent and internationally recognized regional organizations and bodies independent nation states to define their own judicial systems;

Encourages all regional organizations and bodies to ensure that all judicial nominees, appointees, and elected officials are within the top 25% benchmark of inclusiveness within its own specific region;

Further recommends a regional review of all current judicial officials to ensure that their inclusiveness benchmark falls within the aforementioned range and endorses the appointment of new judicial officials in place of officials that fail to meet the requirements established by this solemn body;

Strongly condemns efforts in individual nation states, regional bodies, and within The World Assembly to undermine the independence and prudence of independent judicial bodies;

Authorizes the present resolution to become international law upon passage in The World Assembly;

Decides to remain actively seized in the matter.
Last edited by Wentworth on Grantham on Sun Sep 23, 2018 1:16 pm, edited 1 time in total.

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Kenmoria
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Postby Kenmoria » Sun Sep 23, 2018 2:16 am

(OOC: Firstly, there is a convention to put [DRAFT] in the title of the forum topic, before your proposal name, so other players know that this is a draft and not a commentary, challenge or anything else. Also, you seem to be mentioning ‘region’ and ‘regional’ quite a lot, which could be fine, if you are referring to sub-divisions of nations, but it is illegal to do so in reference to in-game regions.)
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Bears Armed
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Postby Bears Armed » Sun Sep 23, 2018 3:54 am

Kenmoria wrote:(OOC:
Firstly, there is a convention to put [DRAFT] in the title of the forum topic, before your proposal name, so other players know that this is a draft and not a commentary, challenge or anything else.
Also, you seem to be mentioning ‘region’ and ‘regional’ quite a lot, which could be fine, if you are referring to sub-divisions of nations, but it is illegal to do so in reference to in-game regions.)

OOC
This.
It was submitted.
I was apparently the first GenSec member to see it in the list, and have marked it as illegal.
Last edited by Bears Armed on Sun Sep 23, 2018 3:55 am, edited 1 time in total.
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Liberimery
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Postby Liberimery » Sun Sep 23, 2018 12:01 pm

Is this law encouraging nations to have statistical representation of judges in their court that mimic as best possible the statistics of a nation's demographic breakdown? How does this prevent judicial biases from other entering into the court?

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Wentworth on Grantham
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Founded: Sep 22, 2018
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Postby Wentworth on Grantham » Sun Sep 23, 2018 12:07 pm

Liberimery wrote:Is this law encouraging nations to have statistical representation of judges in their court that mimic as best possible the statistics of a nation's demographic breakdown? How does this prevent judicial biases from other entering into the court?


Ideally, it does just that -- prevent judicial biases by ensuring the individual nations chosen/selected/voted to sit on a High Court embody the values of fair, equal, temperate, and inclusive justice for each citizen.

I've also posted a new [DRAFT] of the resolution. Please refer to that.
Last edited by Wentworth on Grantham on Sun Sep 23, 2018 12:09 pm, edited 1 time in total.

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Liberimery
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Postby Liberimery » Sun Sep 23, 2018 12:34 pm

Wentworth on Grantham wrote:
Liberimery wrote:Is this law encouraging nations to have statistical representation of judges in their court that mimic as best possible the statistics of a nation's demographic breakdown? How does this prevent judicial biases from other entering into the court?


Ideally, it does just that -- prevent judicial biases by ensuring the individual nations chosen/selected/voted to sit on a High Court embody the values of fair, equal, temperate, and inclusive justice for each citizen.

I've also posted a new [DRAFT] of the resolution. Please refer to that.


OOC: It's WA drafting custom to make the changes to the draft and have a version log of past drafts so we can see changes overtime in thread. Multiple threads with each change clutter the forum.


IC: So how does this prevent a potential court room bias from occurring. Wouldn't it be better to work to a goal where a judge who does not share a group category with me can rule on my case in the same manner that one would if they did.

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Grays Harbor
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Postby Grays Harbor » Sun Sep 23, 2018 12:59 pm

Wentworth on Grantham wrote:
Liberimery wrote:Is this law encouraging nations to have statistical representation of judges in their court that mimic as best possible the statistics of a nation's demographic breakdown? How does this prevent judicial biases from other entering into the court?


Ideally, it does just that -- prevent judicial biases by ensuring the individual nations chosen/selected/voted to sit on a High Court embody the values of fair, equal, temperate, and inclusive justice for each citizen.

I've also posted a new [DRAFT] of the resolution. Please refer to that.

Nothing of what you have said has anything to do with ethnicity or who has what reproductive organs. Are you proposing that only judges of the same gender or ethnicity as the defendant are capable of hearing a case fairly? Because that is bullshit.


OOC: Do Not start a new post for new drafts. Edit them into the first post. Multiple threads for the exact same topic is spamming the GA board.
Last edited by Grays Harbor on Sun Sep 23, 2018 1:01 pm, edited 1 time in total.
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Wentworth on Grantham
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Founded: Sep 22, 2018
Ex-Nation

Postby Wentworth on Grantham » Sun Sep 23, 2018 1:14 pm

Grays Harbor wrote:
Wentworth on Grantham wrote:
Ideally, it does just that -- prevent judicial biases by ensuring the individual nations chosen/selected/voted to sit on a High Court embody the values of fair, equal, temperate, and inclusive justice for each citizen.

I've also posted a new [DRAFT] of the resolution. Please refer to that.

Nothing of what you have said has anything to do with ethnicity or who has what reproductive organs. Are you proposing that only judges of the same gender or ethnicity as the defendant are capable of hearing a case fairly? Because that is bullshit.

OOC: Do Not start a new post for new drafts. Edit them into the first post. Multiple threads for the exact same topic is spamming the GA board.



Not sure how you inferred that since it's not in the resolution. The only part of the resolution that handles the normative aspects is the 25% benchmark measure judicial candidates/appointees should have to reach. We aren't being "selective" on which genders, ethnicities, etc. are able to be on the judiciaries. What we're stating is that candidates (i.e. states) selected for the judiciary should demonstrate the ability to make decisions that promote equity and inclusivity. How do we ensure this? Look at their inclusivity metric.

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Wentworth on Grantham
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Founded: Sep 22, 2018
Ex-Nation

Postby Wentworth on Grantham » Sun Sep 23, 2018 1:20 pm

Liberimery wrote:
Wentworth on Grantham wrote:
Ideally, it does just that -- prevent judicial biases by ensuring the individual nations chosen/selected/voted to sit on a High Court embody the values of fair, equal, temperate, and inclusive justice for each citizen.

I've also posted a new [DRAFT] of the resolution. Please refer to that.


OOC: It's WA drafting custom to make the changes to the draft and have a version log of past drafts so we can see changes overtime in thread. Multiple threads with each change clutter the forum.


IC: So how does this prevent a potential court room bias from occurring. Wouldn't it be better to work to a goal where a judge who does not share a group category with me can rule on my case in the same manner that one would if they did.



I do agree with you that that would promote judicial fairness in rulings. If you'd like to add that into the resolution I'd be happy to make those appropriate changes. Also, the above response to another comment might help shed better light on the issue.

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Liberimery
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Founded: May 27, 2018
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Postby Liberimery » Sun Sep 23, 2018 1:28 pm

Wentworth on Grantham wrote:
Grays Harbor wrote:Nothing of what you have said has anything to do with ethnicity or who has what reproductive organs. Are you proposing that only judges of the same gender or ethnicity as the defendant are capable of hearing a case fairly? Because that is bullshit.

OOC: Do Not start a new post for new drafts. Edit them into the first post. Multiple threads for the exact same topic is spamming the GA board.


Which means very little, Ambassador. So how about this. If I have 100 judges, you'd like to see 25 of them meet the targets of this proposal. Is it 25 must be a minority, but I don't have to have any guidelines that that should be fairly distributed? Or are you defining minority by anyone whose population is under 25% of representation? Your language is difficult to understand and your not telling us what you want in plainer language. I do applaud that this is a recommendation, though as the mood among the majority is that the WA is getting too involved in how a nation chooses to conduct its justice system.


Not sure how you inferred that since it's not in the resolution. The only part of the resolution that handles the normative aspects is the 25% benchmark measure judicial candidates/appointees should have to reach. We aren't being "selective" on which genders, ethnicities, etc. are able to be on the judiciaries. What we're stating is that candidates (i.e. states) selected for the judiciary should demonstrate the ability to make decisions that promote equity and inclusivity. How do we ensure this? Look at their inclusivity metric.

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Kenmoria
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Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Sun Sep 23, 2018 1:45 pm

Wentworth on Grantham wrote:
Grays Harbor wrote:Nothing of what you have said has anything to do with ethnicity or who has what reproductive organs. Are you proposing that only judges of the same gender or ethnicity as the defendant are capable of hearing a case fairly? Because that is bullshit.

OOC: Do Not start a new post for new drafts. Edit them into the first post. Multiple threads for the exact same topic is spamming the GA board.



Not sure how you inferred that since it's not in the resolution. The only part of the resolution that handles the normative aspects is the 25% benchmark measure judicial candidates/appointees should have to reach. We aren't being "selective" on which genders, ethnicities, etc. are able to be on the judiciaries. What we're stating is that candidates (i.e. states) selected for the judiciary should demonstrate the ability to make decisions that promote equity and inclusivity. How do we ensure this? Look at their inclusivity metric.

(OOC: Are you referring to the inclusivity stat, that appears in the rankings page and can be affected by daily issues? If so, that doesn’t really exist in the context of GA resolutions. The World Assembly can’t reference statistics in-game because people may, and often do, role play them differently. Thus, any proposal doing so will be declared illegal.)
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.


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