Request a legal opinion

[Ainocra]

In keeping with the mission of the temple to provide legal opinions to concerned citizenry I have opened this thread.
To request a legal ruling simply fill out and submit the form below to this thread

Name:

Your Question:

Any extenuating facts the temple needs to be aware of:

Questions will be answered by the Scribe or a deputy as soon as possible.
Please note that only opinions from the Pschent are legally binding. Opinions from the Seshat are merely advisory.

[shetef]

(A note that only opinions from the Pschent are legally binding. Opinions from the Seshat are merely advisory.)

[Lord Ravenclaw]

(A note that only opinions from the Pschent are legally binding. Opinions from the Seshat are merely advisory.)

This.

So if that could be remembered, it'd be appreciated.

[Datford-Zyvetskistaahn]

Name: Datford-Zyvetskistaahn

Your Question: Whether an opinion of the Pschent on a point of law, once rendered, is irrefutably binding on the Pschent or whether, if it of the view that the opinion was flawed, the Pschent may by a later opinion produce an alternate and overriding interpretation of a point of law; and,

If it is not irrefutably binding, to what extent must an opinion be flawed for the Pschent to ignore its otherwise binding effect?

Any extenuating facts the temple needs to be aware of: Beyond the existence of the relevant provision of the State Code (Section 4.5, which reads "5. Decisions by the Pschent amount to interpretation of the law, and those decisions and interpretation are binding on the Pschent and all government bodies and officials."), I do not believe there are.

[Ainocra]

Name: Datford-Zyvetskistaahn

Your Question: Whether an opinion of the Pschent on a point of law, once rendered, is irrefutably binding on the Pschent or whether, if it of the view that the opinion was flawed, the Pschent may by a later opinion produce an alternate and overriding interpretation of a point of law; and,

If it is not irrefutably binding, to what extent must an opinion be flawed for the Pschent to ignore its otherwise binding effect?

Any extenuating facts the temple needs to be aware of: Beyond the existence of the relevant provision of the State Code (Section 4.5, which reads "5. Decisions by the Pschent amount to interpretation of the law, and those decisions and interpretation are binding on the Pschent and all government bodies and officials."), I do not believe there are.

The Pschent is vested with the authority to govern it's own operation and has an appeals process in place.

Should they render a flawed judgment then the appeal process would come into play. Should the verdict be upheld on appeal then it would be binding until
the Deshret changed the relevant laws.

It is the opinion of the ministry at this time that the state code and the body of Osiran law is a collection of living documents.
This interpretation means that the law is subject to change and indeed can present new circumstances to consider with regards to questions of law.

So it is entirely possible that the relevant laws could be changed or amended by the Deshret as to render a legal judgment moot.

[Datford-Zyvetskistaahn]

Name: Datford-Zyvetskistaahn

Your Question: What constitutes an "affected citizen of Osiris" within the meaning of Section 4.3 of the State Code; and,

By virtue of a definition given in answer to the above question, are there any actions or laws the Priesthood believes to be beyond review, due to there being no person falling within the definition given for those particular actions or laws; and,

Particularly, would there be any person who would fall within the definition for a Scribe not being appointed to head a mandatory executive ministry?

Any extenuating facts the temple needs to be aware of: While I presume the Priesthood is aware that it does not, presently, have a Scribe, if it is not, that is a fact that I would imagine relevant to the third portion of my inquiry, it being the only such mandatory executive ministry (Section 2.3(a) of the State Code, "The ministry of justice will be a mandatory executive ministry which must have a Scribe assigned to oversee it."). I do not believe there are further such relevant matters.

[Ainocra]

until the appointment of a scribe I have been; as Vizier acting as defacto scribe. I have also been doing similar duties in all ministries that currently lack a scribe.
does this affect your inquiry?

Any affected citizen could be construed to mean any citizen of The Osiris Fraternal Order. It is a question of standing. However the Pschent has the authority to make it's own procedural rules.
Currently the court does not accept petitions unless they are submitted through the ministry of justice.

The ministry holds that any action that falls within the constitutionally mandated duties of the executive is, barring extraordinary circumstances; beyond such review.

[Datford-Zyvetskistaahn]

I do not believe that it affects my inquiry, acting as Scribe does not, in my understanding, constitute being duly appointed as a Scribe.

Looking at the procedure for petitions for judicial review, it does not seem to be that the right to petition is limited exclusively to the Priesthood, particularly as the procedure specifies the applicant separately from the Scribe and Priests. It would seem to follow then, using the definition as being any citizen of Osiris, that I could, for example, request a review of any law or action, even if it did not have any direct effect upon me, is my understanding incorrect?

Further, does it follow, due to the final portion of the above response, that the lack of an appointment of a Scribe to a mandatory executive ministry, as it is an exercise of executive power, albeit one the executive is compelled to make in this instance, to appoint a Scribe, is not subject to the power of the Pschent?

[Ainocra]

I do not believe that it affects my inquiry, acting as Scribe does not, in my understanding, constitute being duly appointed as a Scribe.

Looking at the procedure for petitions for judicial review, it does not seem to be that the right to petition is limited exclusively to the Priesthood, particularly as the procedure specifies the applicant separately from the Scribe and Priests. It would seem to follow then, using the definition as being any citizen of Osiris, that I could, for example, request a review of any law or action, even if it did not have any direct effect upon me, is my understanding incorrect?

Further, does it follow, due to the final portion of the above response, that the lack of an appointment of a Scribe to a mandatory executive ministry, as it is an exercise of executive power, albeit one the executive is compelled to make in this instance, to appoint a Scribe, is not subject to the power of the Pschent?

4. The Pharaoh will have the power to further organize the executive branch of government. The Pharaoh may delegate any of the powers and areas of oversight prescribed to them under this Section to officials in the executive branch of government. Such delegation does not affect the exercise by the Pharaoh of any such power or oversight.

Technically all powers of the Hedjet are constitutionally derived from the executive. In this case the Pharaoh has designated all ministries lacking a scribe to my oversight.
As for the Pschent, as previously stated under law all citizens may petition the courts, however the court decides if it wishes to hear the petition. In making the procedural rules of the court they have elected not to hear any petition that has not been vetted by the justice ministry. So your understanding is technically correct.

As it is a constitutionally mandated ministry such could be argued. The Pschent would have to decide if the legal question had merit. In the past I introduced an amendment to the State code to remove that provision just to keep such a thing from occurring.