constitution:iv
Differences
This shows you the differences between two versions of the page.
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constitution:iv [2012/10/29 17:49] trusheim Created using 2007 Constitution. |
constitution:iv [2012/10/29 23:25] (current) trusheim Adding correct footnotes from C99 |
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| ===== Section 2. Judicial Review ===== | ===== Section 2. Judicial Review ===== | ||
| - | === A. Constitutional Council === | + | ==== A. Constitutional Council ==== |
| The Constitutional Council shall adjudicate all cases where the constitutionality [under the ASSU | The Constitutional Council shall adjudicate all cases where the constitutionality [under the ASSU | ||
| - | Constitution]((Original footnote does not exist)) of an act by an Association legislative body, the President of the Association, or any member(s) of the Association is called into question. | + | Constitution]((Interpreted here, and throughout the remainder of the document, as part of the May 10, 1996 Letter of Acceptance, and subsequently ratified by the Association legislative bodies.)) of an act by an Association legislative body, the President of the Association, or any member(s) of the Association is called into question. |
| - | === B. Membership of the Council === | + | ==== B. Membership of the Council ==== |
| The Constitutional Council of the Association shall be comprised of 5 members and shall choose by majority vote a chair each year within three weeks of the beginning of fall quarter. | The Constitutional Council of the Association shall be comprised of 5 members and shall choose by majority vote a chair each year within three weeks of the beginning of fall quarter. | ||
| - All members must be current members of the Association. Members shall serve until they resign, cease to be members of the Association, or are removed by a 4/5 vote of both Association legislative bodies. | - All members must be current members of the Association. Members shall serve until they resign, cease to be members of the Association, or are removed by a 4/5 vote of both Association legislative bodies. | ||
| - | - Should a seat within the Constitutional Council be vacant, the President of the Association shall select a member of the Association to fill that vacancy. This selection must be confirmed by a 2/3 vote of both Association legislative bodies.((Original footnote does not exist)) | + | - Should a seat within the Constitutional Council be vacant, the President of the Association shall select a member of the Association to fill that vacancy. This selection must be confirmed by a 2/3 vote of both Association legislative bodies.((Interpreted as part of the May 10, 1996 Letter of Acceptance as also being the method of selection of the initial membership of the Constitutional Council, and subsequently ratified by the Association legislative bodies.)) |
| - No person may concurrently be a member of the Council and an elected or appointed officer of the Association. No employee of the Association may simultaneously be a member of the Council. | - No person may concurrently be a member of the Council and an elected or appointed officer of the Association. No employee of the Association may simultaneously be a member of the Council. | ||
| - | === C. Meetings of the Council === | + | ==== C. Meetings of the Council ==== |
| - Unless a majority of the Council deems it frivolous, the chair of the Council shall call a meeting of the Council within seven days of receipt of a case filing. Meetings shall be held within ten days of the issuance of a call for the meeting. | - Unless a majority of the Council deems it frivolous, the chair of the Council shall call a meeting of the Council within seven days of receipt of a case filing. Meetings shall be held within ten days of the issuance of a call for the meeting. | ||
| - The Council shall make its rulings by majority vote. In ruling on any action, it may only vote to uphold the constitutionality of the action, or deem the action unconstitutional. A tie vote shall be construed as upholding the action’s constitutionality. | - The Council shall make its rulings by majority vote. In ruling on any action, it may only vote to uphold the constitutionality of the action, or deem the action unconstitutional. A tie vote shall be construed as upholding the action’s constitutionality. | ||
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| - If the Council deems an act to be unconstitutional,that act becomes null and void. Acts stemming from the unconstitutional act may by a majority vote of the Council be deemed valid if they were performed in good faith. | - If the Council deems an act to be unconstitutional,that act becomes null and void. Acts stemming from the unconstitutional act may by a majority vote of the Council be deemed valid if they were performed in good faith. | ||
| - | **[The Council shall not have the power to indict a member of the Association.]((Original footnote does not exist))\\ | + | **[The Council shall not have the power to indict a member of the Association.]((Interpreted as part of the May 10, 1996 Letter of Acceptance as meaning "that the Constitutional Council shall play no role in the process of student discipline in any fashion", and subsequently ratified by the Association legislative bodies.))\\ |
| \\ | \\ | ||
| The Council shall also meet to adjudicate special cases as detailed throughout this Constitution.\\ | The Council shall also meet to adjudicate special cases as detailed throughout this Constitution.\\ | ||
| \\ | \\ | ||
| The Council shall only exist during fall, winter and spring quarters.** | The Council shall only exist during fall, winter and spring quarters.** | ||
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| - | ===== Interpretation Footnotes ===== | ||
| - | The following is not text of the Constitution and is not binding. The 2007 Constitution listed footnotes that did not have actual text associated with them. Those footnotes presumably listed that those clauses were inserted or modified as a result of a letter of acceptance from the Office of the President. | ||
constitution/iv.1351558177.txt.gz · Last modified: 2012/10/29 17:49 by trusheim
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