| [Legal Question] Legal bearing of past rulings |
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Honourable Justices,
I note that the High Court Case Archives only contain records pertaining to the current judicial entity known as the High Court of the South Pacific. However, I also note that the mechanism of Legal Questions have existed prior to the establishment of the High Court of the South Pacific, under a previous entity known as the Supreme Court of the South Pacific. Thus, can the High Court clarify if the rulings made by the Supreme Court of the South Pacific still have any legal bearing, given that the Supreme Court has been succeeded by the High Court as the judicial authority of the South Pacific? Thank you.
The Court will hear this question. Any interested parties may submit an amicus brief on the matter.
[HCLQ1514]
July 26th, 2015
Petitioner
Awe
Presiding Justices
Hileville, TAC and Apad
Non-Presiding Justice
Hopolis
Question: Are rulings made by the Supreme Court of The South Pacific still legal? Majority Opinion
Hileville, TAC and Apad
The Court has unanimously agreed that rulings by the former Supreme Court of The South Pacific are still legal, but given that they were made under the constitutional and legal framework in place at the time will only be considered to apply to laws that still exist in the Code of Laws of The South Pacific or in the Articles of the Charter of The South Pacific. Where rulings have subsequently been made by the High Court of The South Pacific that conflict either in part or wholly with past rulings of the Supreme Court of the South Pacific, the rulings of the High Court of the South Pacific shall supersede , either in part or wholly, those made by the Supreme Court of The South Pacific.
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