| [Legal Question] Voting Rights of the Delegate |
Esteemed Justices,
I would like to submit the following legal question, based on some unclear provisions of the Charter, and hoping to make understanding better for everyone: In the event that the incumbent Delegate of the South Pacific is also a Member of the Committee for State Security, would their non-voting status as per Article 7, Section 1.3 of the Charter supersede their right to vote in the affairs of the Committee? I urge the Court to consider this matter at its earliest convenience. 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
Regretfully I must ask the Court to appoint an Acting Chief Justice, since neither this nor the other legal question have been formally addressed within the prescribed 72 hours.
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 HCLQ1503
- 23.02.15 -
Petitioner
Kringalia
Presiding Justices
Awe, Farengeto, Hopolis
Non-Presiding Justice
Aramanchovia
The Court has agreed to hear this legal question. Any and all interested parties will be granted at least 72 hours to submit an amicus brief. HCLQ1503
- 25.02.15 -
Petitioner
Kris Kringle
Presiding Justices
Awe, Farengeto, Hopolis
Non-Presiding Justice
Aramanchovia
Esteemed Justices,
I would like to submit the following legal question, based on some unclear provisions of the Charter, and hoping to make understanding better for everyone: In the event that the incumbent Delegate of the South Pacific is also a Member of the Committee for State Security, would their non-voting status as per Article 7, Section 1.3 of the Charter supersede their right to vote in the affairs of the Committee? I urge the Court to consider this matter at its earliest convenience. Majority Opinion
Awe, Farengeto, Hopolis
After careful deliberation, the High Court issues the following judgement in response to the Legal Question submitted by Kris Kringle. It is in the opinion of the High Court that the Charter does explicitly state that the Delegate is only an observer in the Committee of State Security (CSS), as per Article 7, Section 1.3, which states: Quote:3. The Delegate shall serve as an observer on the CSS, with no voting rights It is worth noting that in addition to stating that the Delegate only has observer status in CSS, the relevant Section also explicitly states that the Delegate has no voting rights in the CSS. In light of the above, it is in the Court's opinion that in the case that the nation holding the Delegacy is concurrently a member of the CSS, the Delegate position should supersede that of being a member of the CSS, for the reason that Article 6, Section 6.3 of the Charter states that the CSS exists for the purposes of providing for a line of succession, below that of the Delegate and Vice Delegate. In addition, for practical reasons, the Court recommends that the sitting Delegate should be removed from the current CSS line of succession, due to the fact that it would be impossible for him to succeed himself, with the possibility of reinstatement in the future to be discussed at a later date by the Assembly.
I thank the High Court for this ruling. My appreciation for their hard and good work.
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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