[WikiEN-l] Just what *is* Jimbo's role anyway?

charles.r.matthews at ntlworld.com charles.r.matthews at ntlworld.com
Wed Mar 21 17:35:52 UTC 2007


"David Gerard" wrote

> > So you're suggesting that ArbCom have a role in policy making similar
> > to the role Bureaucrats have in RfAs? They come along after all the
> > discussion and determine if a consensus exists? I like that idea, it's
> > very easy to implement and would solve quite a lot of the confusion
> > that almost always surrounds changes in policy.

> The AC has done this for a while anyway - "Principles" are the AC
> trying to sensibly state what they think the rules are.

AC Principles are  

(a) things the AC is actually prepared to act on to set remedies (rather than aspirational stuff)

that 

(b) resembles policy in that they pitched in general terms

and

(c) have a role in the interpretation of existing policy, and sketching things perhaps missing from policy

which

(d) provide, with findings of fact, some sort of explanation of conclusions in a case

without

(e) having legislative force, or setting firm precedents.

AC Principles are more important for their value as precedent than as policy (i.e. once passed in a case, they presumably will get paased another time). But they don't even bind the AC, let alone constitute firm policy. If you take them as communicating the AC's thinking, yes, that is enough for most people. 

Charles

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