0 Bewertungen0% fanden dieses Dokument nützlich (0 Abstimmungen)
97 Ansichten6 Seiten
The Student Association Charter doesn't explicitly mention a model of distinct branches of government. The concept of an "executive" is very broad when there isn't definition. Being powerful is through influence and the extent that the board, council, legislative body gives credence to that executive's advice.
The Student Association Charter doesn't explicitly mention a model of distinct branches of government. The concept of an "executive" is very broad when there isn't definition. Being powerful is through influence and the extent that the board, council, legislative body gives credence to that executive's advice.
The Student Association Charter doesn't explicitly mention a model of distinct branches of government. The concept of an "executive" is very broad when there isn't definition. Being powerful is through influence and the extent that the board, council, legislative body gives credence to that executive's advice.
James Gault, advocating for an answer in the negative to the petitions first three questions, on April 30, 2016. The answer is negative. The Association is a single integral organization but certain specific responsibilities or prerogatives are assigned to selected individuals. The Speaker does not vote except for breaking a tie, yet that doesnt mean that the Speaker isnt still part of the deliberative body. The President has the prerogative of proposing legislative acts, budgets and of veto, all of which demonstrate a participation in the legislative function. The Student Association Charter doesnt explicitly mention a model of distinct branches of government. It talks about functions and roles, but there is no explicit the government of Student Association is constituted in three distinct departments: the legislative, executive, and the judicial. At most, it is either assumed or thought to be implied. The concept of an executive is very broad when there isnt definition. For example, the C.E.O. of the typical corporation is limited in authority to act independently of the board, so it could be considered that the president, as the executive of Student Association is more like a delegated agent of the entire Association, the principal face and voice of the organization rather than a separate branch of governance in the true sense. The fact that the President is expected to be present and participate in Student Association meetings is indicative of a more integrated model than a separate model. In separate branch models, 1
like the United States model, the executive must be invited
to participate. The parliamentary operation of Student Association established by those who wrote the Charter and continued, subsequently shows that the President is more like a non-voting member of Student Association who has something of a role like a corporate C.E.O. (who is not a voting member of the board) or a city manager or even the President of the University. He or she can be powerful, but ultimately has no actual power. Being powerful is through influence and the extent that the board, council, legislative body, whatever gives credence to the advice and opinion of that executive. Merely carrying out routine actions or fulfilling the directives of the board is a ministerial function, not an executive function. So, simply spending the money that the board has already directed to be spent, for example. It is not, of necessity, that it be done by the president or subordinates to the president. It is a convenience and useful for efficient administration to make the agent of the board the president. Another question for the court fundamental to this question is whether, indeed, the student association even constitutes a student government, or even a government of any kind. The nearly universal opinion of political theorists is that government derives its authority from those governed. Could it not be argued that the Student Association is instead a committee of the universitys Board of Control delegated with a limited amount of discretion to spend moneys that the Board of Control has first appropriated as a kind of block grant? And it is treated as a limited advisory body for the universitys administration. But, in the end, it still isnt a government. In my opinion, for it to constitute a government it must 2
arise, de novo, from the independent action and will of
students. For reference, one should look at the Magna Carta and the subsequent evolution of the understanding of political authority within the English-speaking nations of the world. It is not the king who gives the authority to the subjects, it is the king who recognizes the authority that was already always there. Actions of the Board of Control or university President in the past notably the suspension of the Valley Vanguard newspaper at one time indicates that the Board of Control has not recognized the authority of students to act independently as a body politic. The court may opt to defer opining on the question as to whether the SA constitutes a student government. As for myself, I assert that it does not. So, then, we face the question of defining an executive, a legislature, and a branch of government. From this point I will use the term governance instead of government when referring to Student Association in actuality, as it pertains to its mode of governance. It is entirely valid for branches to exist in a governmental model wherein the executive is responsible to the legislative. This is the inherent understanding of the Westminster parliamentary system which is more common in the world (among English-speaking nations following the common law tradition of jurisprudence) than our U.S. model of a Congressional-Presidental republic. Whether the head of state is a monarch or president in these systems, it is constitutionally regarded that parliament consists of the queen in parliament or the president in parliament (cf. the constitutions of Australia, Canada, and South Africa, to name a few examples of both 3
monarchies and republics with this understanding).
So, I freely offer that the separate branch theory of government does not require a literal and formal distance and separation between the legislative and executive. The definition is more an examination of powers, prerogatives and authority particularly the authority to act autonomously. The Student Association is, in the sense of parliamentary law, a deliberative assembly. This is without dispute. Let me delve into an unresolved question whether the Student Association consists of solely those elected as Representatives (or appointed by the elected Representatives) or whether it consists of all the students collectively of which the body of Representatives is merely the governance body for the association. The fact that students fund the Association and constitute the electoral body for the President and Representatives would suggest, on one hand, that the student body is the Student Association in the broader sense and the Representatives and President are more appropriately to be regarded as the means of governance for the association. But, numerous statements and actions of the body of Representatives as a whole and individually throughout the years has indicated that the Student Association regards itself exclusively rather than inclusively of the broader student population. Therefore, the organizations own actions and statements are to be regarded as the most relevant as to answering this question. I do not know the particular intentions or desired outcome of the petitioner in this case. That is to say, I do not know whether the petition wishes for a clear distinction between the president as executive and the body of representatives as a legislature so as to bring about a 4
desired political outcome. And, I could offer my own opinion
as to what I would like to see evolve from the Student Association as it presently exists. I will neither draw inference regarding the petitioners desires nor offer my own vision for student government at SVSU here. But, I state that I do believe that it is of such importance that the students of the university ought not to defer and ignore this question. My conclusion is simple: there is no true branch structure in the governance of student association for these reasons: 1.) The Association is a single integral organization. Certain specific responsibilities or prerogatives are merely assigned to selected individuals, but this could be changed without any consequence to the integral nature of the organization. 2.) The limitations of the President in governance are of no consequence as shown by the example of the Speaker. He or she does not vote except for breaking a tie, yet that doesnt mean that the Speaker isnt still part of Student Associations deliberative body. 3.) Some legislative functions are exercised by the President, but are not, of necessity to the integral organization; namely, the President has the prerogative of proposing legislative acts, budgets and of veto. Each of these shows that the President has a participation in the legislative function. 4.) The executive functions of the President are of a ministerial or administrative nature rather than an exercise of autonomous decision-making authority. Indeed, there is no real authority possessed by the President that is not delegated or conceded to him or her by the entire deliberative body of Student Association. 5.) The Charter itself does not express or assert a 5
branch theory of governance. It is, at most assumed or
vaguely implied. An assumption or vague implication is not sufficient to make a conclusion that there is a branch model in place. And the lack of express statement of it most certainly is not. 6.) The Association is not a government of any kind, or specifically, is not a student government. This has been elaborated by me already.