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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.

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Hileville · 07-27-2015, 02:59 AM

I agree, TAC.

Hopolis · 07-27-2015, 03:56 AM

As much as it pains me, I would also agree that the Bill of Rights should have precedence and the amendment to Article 8.1.1 should be struck down and that the Assembly needs to review Article 2.11 urgently.

Apad · 07-27-2015, 08:30 AM

I agree with all of you on this issue and your conclusion that Article 8.1.1 is illegal. The charter is very clear that only citizens can hold elected office.

The only issue i see here, and this may be none of our concern, is that by striking down this part of the local council, we are essentially killing the LC until the assembly amends the charter. Also since the office holders are illegally elected officals, we will be throwing them out of office and new elections will have to be conducted. That is if the assembly fixes this issue.

Apad
King of Haldilwe

TAC Saxton · 07-27-2015, 12:00 PM

Technically, the LC members are not officials.
Perhaps the Cabinet can simply reappoint them once the amendment passes?
or maybe an Assembly Resolution to simply reaffirm them as members of the LC, instead of a new election?

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Hopolis · 07-27-2015, 02:09 PM

Apad's concerns were ones I share as there is a danger of the Court looking in a poor light by potentially disqualifying elected representatives, although legally I think we're all quite clear on our views of what must happen and the Charter's Bill of Rights trumps the LC provisions.

I don't think the representatives of the LC will be impacted right now given that Ryccia and Darkstrait (both citizens) are the appointed representatives as far as I'm aware? I think more by luck (and the failure of the LC to take off) than anything else we've avoided disqualifying anyone as a result of the ruling. That being said, the Assembly will need to act quickly to resolve this matter or the next LC elections will be a farce. In the decision we probably need to encourage the Chair of the Assembly into starting the debate on sorting this out quickly.

TAC Saxton · 07-27-2015, 06:56 PM

If necessary, I will carry out the discussion myself to ensure it passes as soon as possible.

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Apad · 07-27-2015, 08:29 PM

Okay then i think we are in agreement. How do we word this?

Apad
King of Haldilwe

TAC Saxton · 07-28-2015, 01:34 AM

[Image: HCSeal.png]

HCLQ1515

July 28th, 2015

Petitioner

Kris Kringle

Presiding Justices

Hopolis, Hileville, TAC

Non-Presiding Justice

Apad

Question: Does Article 8.1.1 of The Charter contradict Article 2.11 of The Charter?

Majority Opinion

Hopolis, Hileville, TAC

The Court has unanimously agreed that the Bill of Rights carries greater precedence among the articles of The Charter, therefore, making the recent amendment to Article 8.1.1 of The Charter illegal and it is to be stricken from The Charter. The Court also recommends that:

1.) Article 2.11 of The Charter should be amended to exclude Local Council elections.

2.) The aforementioned amendment to Article 8 of The Charter should be reinstated upon passage of the previous recommendation.

3.) The Assembly should draft a resolution to reaffirm the elected/appointed members of the Local Council.

Thoughts?

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Hileville · 07-28-2015, 10:32 AM

Sounds good to me.