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The Rule of Law; By Sciongrad
Topic Started: May 28 2016, 11:52 PM (178 Views)
Libetarian Republics
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Spammer
Description: The General Assembly,

Reaffirming its commitment to fair and equitable treatment of all individuals,

Believing that no institution, including the governments of member nations, should be permitted to act in contravention of its own established laws, and that such institutions, including the governments of member nations, should be expected to behave in a manner both transparent and unprejudiced,

Asserting, with the aforementioned in consideration, that the "rule of law" is a fundamental component of fair and just governance, and a necessary element in preventing arbitrary or discriminatory punishment,

1. Mandates that all persons, entities, both public and private, and institutions, including the state, political subdivisions thereof, and its officials, shall be held accountable under the established statutory laws, judicial precedents, or any other principles or guidelines with the equivalent force of law of a relevant member nation;

2. Declares that reasonable, good faith exceptions may be made in instances where:

some form of immunity is necessary to ensure that government employees or institutions may carry out essential functions that would not otherwise be possible without the guarantee of immunity or

relevant officials or institutions extend pardons, amnesty, commutations, or other forms of clemency, provided such actions are in accordance with the spirit of this resolution and extant General Assembly legislation.
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Christian Democrats
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HMSM James II
Against. I'll repeat what I posted on the NS forums.
Quote:
 
I plan to vote against.

This proposal is truistic: it is unlawful to do the unlawful. Also, I'm worried that it could make it more difficult for the state to grant necessary dispensations to citizens who are not governmental employees. Thomas Aquinas puts the point nicely:
  • Now it happens at times that a [legal] precept, which is conducive to the common weal as a general rule, is not good for a particular individual, or in some particular case, either because it would hinder some greater good, or because it would be the occasion of some evil. . . . Consequently he who is placed over a community is empowered to dispense in a human law that rests upon his authority, so that, when the law fails in its application to persons or circumstances, he may allow the precept of the law not to be observed. (Summa Theologica I-II, q. 97, a. 4, co.)
In other words, the ruler ought to have the authority to do away with laws in cases where they "hinder some greater good." Men do not exist to serve the law; the law exists to serve men.
"I was born free and desire to continue so."

Posted Image
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Guy
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Old Admin Slave
Against.
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Evolu Tanis
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Epistemological Terrorist
For. The law may often be wrong; but it is not the purview of any public official to unilaterally decide he is therefore above the law.

Here lies a toppled god.
His fall was not a small one.
We did but build his pedestal -
A narrow and a tall one.
  • Tleilaxu Epigram
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Libetarian Republics
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Spammer
For.
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Guy
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The law is often designed not to apply for the government, as it regulates conduct between private actors. The exemption in 2(a) of the proposal is not wide enough.
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Sciongrad
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Guy
May 30 2016, 04:38 AM
The law is often designed not to apply for the government, as it regulates conduct between private actors. The exemption in 2(a) of the proposal is not wide enough.
Perhaps you could identify specifically an instance where members of a government may need immunity that is not covered by the "essential functions" exemption?
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Guy
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It's not about the essentiality of the underlying function, but rather the applicability of the law to the government.

Anything from cutting down a tree to selling assets (financial or otherwise) may come under the purview of government regulators, a tad incongruous if it's the government trying to do it.
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Sciongrad
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Guy
May 31 2016, 12:03 PM
It's not about the essentiality of the underlying function, but rather the applicability of the law to the government.

Anything from cutting down a tree to selling assets (financial or otherwise) may come under the purview of government regulators, a tad incongruous if it's the government trying to do it.
If you believe the government should be exempt from following the law simply because it created the law, then I disagree with you fundamentally. If you're concerned that governments cannot perform non-essential functions without throwing the law out the with the bath water, then I also disagree with you fundamentally. I could be misunderstanding your argument, though.
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