Friday, October 20, 2006
Issue #3: Do the rules of the ASUC apply?
The last major issue I want to bring up is whether or not the ASUC believes in its own rules, and as a consequence, its own autonomy. While Oren Gabriel has been quite happy to declare that the Judicial Council violated the bylaws and JRPs, this is simply his opinion, and not shared universally. I, for instance, believe the Judicial Council followed the bylaws and JRPs in that first decision. Why should Oren's opinion mean more?
The ASUC has a system in place to resolve these disputes, and that system is the Judicial Council. Thus, the Judicial Council speaks with the authority of the ASUC when it issues the decisions. As a result, it is the ASUC's official position that the disqualification decision was in line with the bylaws and JRPs, but violated the spirit of the ASUC Constitutional protection against double jeopardy, and thus was invalid.
All ASUC officials agree to run under the ASUC Constitution, which puts these interpretations in the hands of the Judicial Council. Having a personal opinion that differs does not mean that you have suffered an injustice. If ASUC officials actually believe in the ASUC, they have to accept that, in a democratic system, sometimes the ASUC will take positions they aren't fans of. This does not mean they have any right to attack the ASUC until they get their way.
Thus, even if Oren thinks that the JRPs and Bylaws were violated, it should be meaningless to the ASUC and its senators in making their decision in this case, because the official position of the ASUC is what matters. In particular, Oren's baseless claims that the Judicial Council was out to get him or some such, so they had to hire lawyers pre-emptively, is not an argument that should be swaying the Senate.
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