We've moved, ! Update your bookmarks to https://thesouthpacific.org! These forums are being archived.

Dismiss this notice
See LegComm's announcement to make sure you're still a legislator on the new forums!

[DISCUSSION] Amendment to Article 4 of the Proscription Act (Judicial Review)
#1

Update: This thread is regarding an Amendment to Article 4 of the Proscription Act (quoted below).

Proposed Amendment to Article 4. Judicial Review Wrote:4. Judicial Review

(1) Individuals, regions or organizations subject to a proscription may challenge the issuing authority's determination of hostility in the High Court.

(2) Individuals subject to a proscription of a region or organization may challenge the issuing authority's determination of their membership in that region or organization in the High Court.

(3) For the purposes above, the individual or an individual representing the region or organization must be granted adequate permissions to participate in the High Court proceedings for that case.



I wish to discuss whether people should be able to appeal a proscription of a region or an organisation.

This discussion is in response to the Chief Justice's Opinion of Non Justiciability of Vulturret's appeal:

(11-10-2018, 11:07 PM)Kris Kringle Wrote: In truth, the Court cannot say with full certainty that the Proscription Act allows for the appeal of regional proscriptions in the same way as individual proscriptions may be appealed. That does not mean that a legal challenge on this initial interpretation could not be considered, or that the Assembly could not pass clarifying language. This simply means that, under an initial reading of the Proscription Act, held to a different standard than that of a ruling to a fully argued and considered legal question, regional proscriptions lack a clear and unambiguous path towards being challenged.

I have (admittedly) skimmed the debate thread of the Proscription Act and I did not find specific mentions of regional proscription appeals. It is possible that I missed out a post dealing with the issue, in which case, I would very much appreciate someone pointing me in that direction.

Nevertheless, I think it is appropriate that the Assembly passes clarifying language on whether such appeals are to be allowed in the future.


Messages In This Thread
[DISCUSSION] Amendment to Article 4 of the Proscription Act (Judicial Review) - by Amerion - 11-13-2018, 07:49 AM



Users browsing this thread:
1 Guest(s)





Theme © iAndrew 2018 Forum software by © MyBB .