============================== CFJ 1582 ==============================
Conclaves have a quorum of 5.
Called by G.: 21 Feb 2006 17:06:46 GMT
Assigned to Manu: 27 Feb 2006 02:20:41 GMT
Judged FALSE by Manu: 01 Mar 2006 07:43:42 GMT
Rule 879 (power-2) reads in part "The quorum for an Agoran decision is one
third the number of eligible voters, rounded up, with a minimum of five..."
Rule 786 (power 1) reads in part "The convening of a conclave initiates an
Agoran Decision to determine the Pope, a decision in which quorum is zero..."
This is actually a conflict, as the higher power Rule doesn't explicitly defer
to the lower power rule for determining the quorum of decisions. Without that
deference (e.g., language in 879 like "other rules may set quorum for specific
types of decisions"), Rule 786 shouldn't be allowed to override rule 879. So
in this conflict, the higher power rule (879) wins and sets conclave quorm
Judge Manu's Arguments:
Rule 1482 (Power 3) reads:
In a conflict between Rules with different Power, the Rule with
the higher Power takes precedence over the Rule with the lower
It is clear then that Rule 879, which has a Power of 2, takes precedence
over Rule 786, which has a lower Power.
The caller explains that "the higher power Rule doesn't explicitly defer
to the lower power rule" but even if it was the case, CFJ 1103 established
that this would not be enough:
In the case of conflict between Rules of unequal Power, the higher
Powered Rule cannot defer to the lower Powered Rule, unless the
higher Powered Rule takes precedence over Rule 1482."
Therefore, Rule 786 (Default Procedure for Conclaves) fails to override
the generic Quorum Rule 879.
The actual Call for Judgement states that "Conclaves have a quorum of 5."
The specific Conclave about which this CFJ was originally made has a
quorum of 5, according to the reasons I explained before.
But because this CFJ claims that all Conclaves in general have a quorum
of 5 (since plural is used), which is definitely not true since Rule 879
says that "The quorum for an Agoran decision is one third the number of
eligible voters, rounded up, with a minimum of five...", because a minimum
is not supposed to always apply and because I humbly fear that giving a
TRUE judgement to this CFJ would make it irrelevant, I give a judgement