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Court Ruling of Major Executive Powers of October 2011

(2011-III)


Document

Case File

Seal of the Judicial Branch
Supreme Court: 10/9/11 - 10/17/11
Full Case Name Court Ruling of Major Executive Powers of October 2011
Type Differed Inquiry
Court Membership
Chief Justice
Stavrok
Associate Justices
Esteemi Evantsu, Hik10er
Decision
Differed inquiry cases are allowed (note that this was reversed in 2015); the Major Executive has oversight power of all public Triumvirate sites but must keep the Executive Branch informed.

Majority Opinion Esteemi Evantsu


The Court Ruling of Major Executive Powers of October 2011 was the first Differed Inquiry court case. The Supreme Court established it's power to answer any questions that came to it with this case. It was originally brought forward by Red Triumvirate who, after some debate with Major Executive Arnold Ogamon, asked the court to answer some questions on what powers the Major Executive had over Triumvirate sites.

Case FactsEdit

Red, wished to create a site for the Universal Triumvirate. However, Arnold Ogamon, stated that Red could not do such a thing as it interfered with his own "secret project" (which happened to be this Wiki). He stated that as the Major Executive, his right to "manage all Triumvirate sites" gave him this power. He also stated that the EB needed to approve Red's idea for a new site. Red then asked the Supreme Court to answer several questions on whether or not the Major Executive had the power to do this. Arnold Ogamon, also the Chief Attorney at the time, also submitted to the courts a base question on whether or not the courts had the power to answer these differed questions.

DecisionEdit

Case QuestionsEdit

A) Do the courts have the power to answer differed inquiries? Questions that have been given to them, not for or against a party, but solely to get an answer about a question in Triumvirate law.

B) Does the Major Executive have the right to block the creation of a Triumvirate site under their management power given by article 2:5 of the Constitution?

C) Can the Major Executive commence on creating their own sites or projects for the Triumvirate without approval from the Executive Branch? Please consider this on confidential matters and things too.

D) What are the related powers of the Minor Executive under these rulings of power on the Major Executive?

DecisionEdit

On 10/17/11 (3:0):

A) Yes, it is necessary for the courts to be able to do this, they can't always just wait for cases to come to them. It also allows the Triumvirate to more clearly understand how it functions.

B) Yes, under their site management power, the Major Executive can block the creation of a site they don't approve of, the Executive Branch can always overrule it.

C) No, they must always inform the Executive Branch about the creation or significant addition to a Triumvirate site. Then the Executive Branch must approve it. If it is a confidential site, then they must tell the Executives with access to confidential information and they must approve it.

D) There are none unless the Executive Branch establishes them by law. The Major Executive can overrule the Minor Executive on site matters and may ask the Minor Executive to assist as well.

Court OpinionEdit

Written by Justice Esteemi:

When this court was asked to decide the process and powers of the Major Executive and their abilities on Triumvirate sites, this court came up with several conclusions. Many questions come up when dealing with what the Major Executive must be able to do to to what it must. This court decides that, based on the decision made and information presented, the Constitution provides several conclusions as to what the Major Executive must be able to do.

The Major Executive must always know about every site operating for, under, or with the Triumvirate. Clearly part of their responsibilities is this. Therefore they have the power to block the creation of sites they don't approve of. The Executive Branch can always overrule the Major Executive and decide for itself, but if the Executive Branch is unable to make a decision or doesn't act, the Major Executive has the power to decide whether or not a site is appropriate. By this logic, the Major Executive can also decide what is or is not appropriate on that site.

However, such power must come with restrictions. The Major Executive can only create sites or perform extremely large overhauls on current sites with permission from the Executive Branch. As sites are very important and crucial to the Triumvirate, the Executive Branch needs to be aware of what is occuring and have a say before such a large action occurs.. If a site is to be confidential, then all those Executives with access to confidential information shall be the ones with the say on whether or not it shall be created. The point on the powers of the Minor Executive under this ruling is a small one, the Minor Executive is not intended to be a big role, it is a deputy, assistant, and back up should the Major Executive be unable to perform as they must. This court approves that the Minor Executive shall have no additional powers based on these powers and restrictions given to the Major Executive.

As a last point, becuase this is an unusual case as it is not a single person against another, but rather the Executive Branch differing judgement of what is Constitutional or not to the Supreme Court, the Supreme Court hereby establishes that this may occur and that any person may differ legal or Constitutional questions, even if they are not against another person, to the court system, which will answer them unless they are previously answered.

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