>>>>> "Branden" == Branden Robinson <branden@debian.org> writes:
Branden> On Wed, Oct 11, 2000 at 10:27:00AM -0700, Thomas Bushnell, BSG wrote:
>> hilliard@debian.org (Robert D. Hilliard) writes:
>> =20
>> > This is the heart of the matter. It is akin to the U.S.
>> > controversy over `activist' judges, who rule based on their beliefs of
>> > what should be, rather than on what the law says. At least in U.S.
>> > jurisprudence several levels of appellate review are available. Under
>> > the Debian Constitution no such appeals are available. This is a far
>> > more important point than the fate of John's GR.
>> =20
>> But under the Debian Constitution, it's pretty easy to override the
>> Secretary's judgement.
No, it's not easy. It's not even possible.
§4.1.3 specifies a GR can override a decision "by the Project Leader
or a Delegate." And I find nothing in all of constitution.txt that
says that the Project Secretary is a delegate... just the opposite:
the PS' powers and duties are listed in §7 whereas the PL's Delegate's
p&ds are in §8, which makes it pretty obvious that the PS is *not*
Delegate of the PL.
Bad, very bad...
Branden> No, it is not. The developers have to propose a GR to
Branden> effectively do so, and the Project Secretary controls the
Branden> timing and form of the ballot. There is no mechanism for
Branden> appeal of a decision by the PS that doesn't involve him,
Branden> and there is no mechanism for external arbitration or
Branden> vote conduction.
This just means that *if* the PS were a Delegate of the PL, it would
be almost as bad...
I get the pretty strong feeling (not having been a witness to its
creation) that the Constitution is *very* strongly influenced by a
fear of a too-strong DPL, and thus, many other things (like a good
system of `checks and balances' ;-) have been, well, slightly
overlooked...
Bye, J
--
Jürgen A. Erhard juergen.erhard@gmx.net phone: (GERMANY) 0721 27326
MARS: http://members.tripod.com/Juergen_Erhard/mars_index.html
"It might look like I'm doing nothing, but at the cellular level
I'm really quite busy." -- Hugo Haas <hugo@debian.org>
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