HIGH COURT OF THE SOUTH PACIFIC
PETITION OF NON-JUSTICIABILITY

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ARGUMENT
Your Honor,

I submit this petition in agreement that this case is non-justiciable by the High Court. I reach this conclusion, and believe the Court should as well, in part due to Article XIII, Section 2 of the Charter and in part because the Chair's is not clearly erroneous and egregious, even if there is disagreement over it.

The Charter places the determination of whether or not an amendment "directly affects the gameside community or its home governance" specifically with the Chair of the Assembly. This occurs in not only in Article XIII, but also in Article I. The specificity of this mandate is abundantly clear, being twice mentioned, and should not be diluted without exceptional cause.

Unless the Chair of the Assembly makes a determination that is a prima facie erroneous and egregious violation of the Charter, where no reasonable person could conclude otherwise, the Court should show deference to the Chair per the mandate given to them in the Charter. In all other cases, a disagreement over the Chair's determination, even if deep and contentious, is a political question that should be resolved by the Assembly itself.
 

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