Messages In This Thread

TAC Saxton · 07-27-2015, 12:36 AM

http://thesouthpacific.x10.mx/thread-2933.html

(07-27-2015, 12:18 AM)Kris Kringle Wrote:
Your Honours,

Recently an amendment to Article 8, Section 1.1. of the Charter allowed non-citizen residents to run for and be elected to the Local Council. However, Article 2.11 reserves the privilege of holding elected office to citizens, therefore creating a contradiction between two sections of the Charter.

I respectfully ask the Court to address this issue, since it is one of high importance to our electoral process. As a matter of personal interpretation, I would argue that the Bill of Rights carries greater precedence within the internal scheme of the Charter, meaning that a potential reconciliation should give precedence to the restriction to non-citizens. Whether that limitation is desirable would be another matter, more appropriate for political, rather than judicial consideration.

This Legal Question was submitted by Kris in regards to a contradiction of clauses in The Charter as a result of a recent amendment.

I agree that the Bill of Rights carries precedence in this and that the amendment to Article 8.1.1 is illegal.

I suggest we recommend Article 2.11 of The Charter be amended to exclude Local Council elections.

I am a Super Villain