HIGH COURT OF THE SOUTH PACIFIC
PETITION OF NECESITY

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ARGUMENT
Your Honor,

The necessity of a ruling on this matter is clear for one simple reason; to uphold a right clearly enumerated in Article Three, Clause Four of the Charter. The right of gameside consent - that decisions directly affecting the gameside community or its home governance can only be made with the agreement of gameside community - is clear and unambiguous.

The Chair of the Assembly is tasked with determining which matters qualify as such, but like all other government actions this determination must be reasonable, objective and non-arbitrary to be lawful. It would be unlawful for a Chair to determine that a law dealing solely with internal Assembly procedure requires the agreement of the gameside community; at the same time it is unlawful for a Chair to determine that a law explicitly granting the gameside community community a particular right or power does not effect that very community.

Should the Chair be empowered to make such an arbitrary determination then the entire legal principle - and the right enumerated in Aticle Three, Clause Four - become meaningless and unenforceable. A Chair of the Assembly could declare any matter as not-effecting the gameside community and there would be no legal recourse. The right of gameside consent would cease to exist.

The Bill of Rights clearly states in Article Three, Clause Six that "The High Court may strike down any general law or action that violates any right or freedom found in this Charter." It is my contention that the act of not referring the amendment in question to the gameside community is a clear violation of the right of gameside consent. The Charter provides a simple and clear redress in situations where a right or freedom is violated; for the Court to strike down the general law or action that has caused the violation.

Your honour, it is this redress I seek. A2205.05 Amendment to Article XIV — Great Councils does not appear unlawful by itself, even if I may disagree with it's contents. The determination of the Chair that it does not require the consent of the gameside community is unlawful and thus must be struck down.

 

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