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Legal Question: Legality of the Election Act
#1

Dear Justices,

The Charter of the South Pacific states:

Quote:Section 2 - Chair of the Assembly and Duties of the Chair.
1. The Assembly will elect a Chair which will be responsible for the administration of all aspects of the drafting, debate, and passage of legislation.
2. The Chair of the Assembly has the clerical duty to maintain the Charter, Code of Laws, and all subsidiary documents, ensuring that all laws comport with proper standards and formatting, and all minor changes made are publicly recorded.
3. The Chair of the Assembly will serve on the Cabinet and act as the Legislative Liaison between the Cabinet and Assembly.
4. The Chair will serve a term lasting four months.
5. Procedures for the election of the Chair must be defined in Code of Laws.

Article 4: The High Court of the South Pacific


Section 1 - Composition and Powers
1. The High Court shall consist of four Court Justices.
2. The Court Justices shall select one of themselves to serve as Chief Justice.
3. Three Justices of the High Court, determined by a rotating schedule created by themselves, shall be responsible for determining innocence or guilt in criminal cases, and issuing sentence.
4. The High Court may declare any whole General Law, or portions within such law, that conflict with the Charter defunct, and to reconcile contradictions within the Charter.
5. The High Court holds the sole power to remove citizenship outside of regular legislation that outlines reasonable upkeep requirements or security imperatives.
6. Procedures for the Election of High Court Justices will be defined in the Code of Laws.
7. The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific.

Section 1 - Cabinet and Powers of the Cabinet
1. The Cabinet shall consist of senior and junior members.
2. The senior Cabinet members shall be the Delegate, Vice Delegate, Minister of Foreign Affairs, Minster of Regional Affairs, Minister of the Army, and Chair of the Assembly.
3. The junior Cabinet members shall be all appointed Deputies.
4. Senior members of the cabinet are the only members with voting rights within the Cabinet.
5. The Cabinet shall strive to promote activity in the region and shall remain cognizant of the well-being of all nations in the Coalition of the South Pacific.
6. The Cabinet may adopt Executive Policy in cases where no law exists; Executive Policy may not conflict with the Charter, Bill of Rights, or Code of Law.
7. The Cabinet will serve a term lasting four months, excepting appointed Cabinet Deputies, who serve at the discretion of their respective Senior Cabinet member.
8. Procedures for the election of the senior Cabinet must be defined in the Code of Laws.

However, the procedures for electing these officials are stipulated in the Election Act, and although the Code of Laws says:

Quote:Article 1: Elections

1. The procedures for all elections in The South Pacific shall be stipulated in the Election Act.

The procedures are not defined in the Code of Laws, but in the Election Act.

So I ask the justices: Are Article 1 of the Code of Laws and the Election Act valid, or are they null and void by the Charter?

Thank you for hearing(I hereby apologize if this is not a Legal Question. Sorry).
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)

Local Council Member(April 24-August 11)

Court Justice of TSP(August 15-December 7)


#2

The election procedures are very much defined in the code of laws, that definition being that they are defined by the Election Act. Is it redundant? Yes. Is it still a definition? Still yes.
#3

As I notice this was not resolved, the Court dismisses this case due to not being a legal question.




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