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[2204.HQ] Assent of the CRS
#1

HIGH COURT OF THE SOUTH PACIFIC
[2204.HQ] ASSENT OF THE CRS
SUBMISSION 31 MAR 2022


DOCKET NUMBER
2204.HQ

REFERENCE NAME
Assent of the CRS

PETITIONER
Farengeto

QUESTION
What qualifies as "the assent of the Council on Regional Security" under Article 3, Section 1 of the Border Control Act?

CASE LINK
https://tspforums.xyz/thread-10330.html


DETERMINATION OF JUSTICIABILITY - DISCUSSION OPEN TO ALL JUSTICES
Former Delegate of the South Pacific
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#2

I’m not sure if this is justiciable - the question seems reasonable on first glance but looking at the law around this as far as I can tell there isn’t really a judgement we can make other than providing a dictionary definition of the word “assent”. It seems to me that it would be up to the CRS to devise a procedure for this.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]
#3

I would tend to agree. This would be best handled via internal CSS procedure.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
#4

I concur with Bel, aside from providing the definition of "assent" the Court would likely not be able to say much else. The CRS could, and probably should devise its own regulations on determining assent or other consensus-based options.
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#5

The vote is 0-3 against justiciability. I'll post accordingly.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System




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