Re: Proposal 185:C

From: Aron Wall (aron_at_wall.org)
Date: Tue May 28 2002 - 12:58:17 PDT


"Richard S. Holmes" wrote:

> "Jonathan Van Matre" <JVanMatre_at_oslp.com> writes:
>
> > It appears to be implicitly required by RO8:
> > 8.  Restrictions on Judge's Power. The decision of the Judge may be
> >     changed if a proposal is made to do so and that proposal
> >     receives a two-thirds affirmative vote of the members voting on
> >     that proposal within three (3) days after the posting of that
> >     proposal.
> >
> > This appears to require that rulings must be altered by proposal.  But
> > if everyone concurs with your interpretation of the ROs, that will make
> > things easier.
>
> I'd be more impressed with this argument if instead of the word "if"
> RO8 had the phrase "if and only if".  As for the timeout rule, it
> addresses only situations in which the judge has made no declaration
> -- I don't see its relevance.

I agree that the first half of RO 8 is irrelevant, but I do see the timeout
rule's relevance in this, because the authority to change a judgement is not
explicity granted by the R.O.'s.  Tradition agives to the Judge to change
their decision.  The only way to justify this from the R.O.'s is to say that
the power of the Judge to change their mind is somehow derived as an
implicit aspect of the Judge's right to decide in the first place.  But
given that the Judge's power to decide in the first place is limited by the
3 day restriction, any implicit power derived from them should also be
limited in the same way.

It is unreasonable to first give the Judge a power not explicitly granted by
the R.O's, and then note that this power is unlimited, just because there is
no explicit restriction on the use of the secondary power.  Or in other
words, if you are going to be sufficiently constructionist about RO 8 to
note that it does not explicitly keep the Judge from changing their
judgement, you should be equally constructionist about RO 6 and note that it
does not explicitly give that power in the first place, and conclude that
the Judge cannot change their judgement at all.  Either way, the Judge
cannot change their judgement after the third day.

Aron Wall

--
Rule Date: 2002-05-28 19:58:01 GMT


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