| [LEGAL QUESTION] Duties of the Chair |
Esteemed Justices:
In view of the recent debate in the Assembly of the South Pacific, I'd like to submit the following legal question for your consideration: Does the Chair of the Assembly have the power under Article 3, Section 2, Clause 1 of the Charter of the Coalition of the South Pacific, which relates to his or her duties in administrating the drafting, debate and passage of legislation, to correct spelling and numbering mistakes, once bills are being voted on, or once legislation has been passed? 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
The High Court will hear this legal question. We do not yet have rules and procedures for judicial review established, but I will set a few rough guidlines;
1. Only interested parties - the original petitioner and individuals submitting amicus briefs - should post in this thread. Off topic posts will be dealt with harshly. 2. Amicus briefs should always refererence the Charter and CoL by Article/Section/Clause when discussing them. I don't want to have to go searching for the relevant sections to find out what you're talking about. 3. An amicus brief may refer to the original question or any other amicus brief submitted - feel free to rebut someone else's arguments. Timeline wise, nothing is fixed. It'll take us a few days to discuss it however, so I'll open an initial period of three days for amicus breifs. Try to keep to that if you can, but if you need more time let us know and it will be considered. - Belschaft, Chief Justice of the High Court Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator ![[Image: B9ytUsy.png]](https://i.imgur.com/B9ytUsy.png)
These guidelines will suffice, thank you Chief Justice.
My apologies for the delay; The High Court has reached a decision in regards to this matter, but is currently debating the precise language we wish to use.
Our decisions will hopefully be with you shortly. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator HCLQ1401
- 09.05.14 - Petitioner Kringalia Presiding Justice Belschaft Associate Justices Rebeltopia, Unibot "Does the Chair of the Assembly have the power under Article 3, Section 2, Clause 1 of the Charter of the Coalition of the South Pacific, which relates to his or her duties in administrating the drafting, debate and passage of legislation, to correct spelling and numbering mistakes, once bills are being voted on, or once legislation has been passed?" Majority Opinion Belschaft, Rebeltopia, Unibot The High Court, having considered the question referred to it by Delegate Kringalia in regards to the powers of The Chair of The Assembly granted by Article 3, Section 2, Clause 1 of the Charter (C-3.2.1) has reached a unanimous decision that these powers do not grant the authority to correct spelling and numbering mistakes, or alter in any other way a legal document, once bills have been voted on or legislation passed. C-3.2.1 states as follows; "The Assembly will elect a Chair which will be responsible for the administration of all aspects of the drafting, debate, and passage of legislation." The identification of the specific areas of drafting, debate and passage of legislation as being under the purview of The Chair of The Assembly, and the usage of the term "all aspects", unambiguously grants broad discretionary powers in these areas to the Chair, but cannot be construed as granting any powers - discretionary or otherwise - over any element of the law once it has been voted on by The Assembly. The High Court believes that the powers of The Chair exist only during the legislative process, and the administrative powers of The Chair do not apply to legislation once it has been enacted. Once a bill has been voted on and enacted in law it is no longer in drafting, debate or passage and as such does not fall under the purview of The Chair. More broadly, the High Court believes that the discretionary powers of The Chair cease to be in effect once a bill has been brought to vote. Whilst The Chairs discretionary powers are extensive up until this point once a vote has been initiated they no longer posses such powers. Just as The Chair may not alter legislation after it has been enacted, they may not alter legislation whilst it is being voted upon. To conclude, The High Court finds that The Chair of The Assembly does not posses the authority or power to make any alterations to the law - such power is reserved to The Assembly itself by Article 3, Section 1 of the Charter. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
I want to thank the High Court for taking the time to answer this legal question, given its relevance to recent discussions in our Assembly, and for doing so in a manner that makes it clear that there are certain limits to the discretionary powers of the Chair. I would also like to congratulate all three Justices on the swift manner in which they have began conducting business, and wish them the best of luck for the remainder of their term.
- Kris Kringle, Delegate of the South Pacific 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
It was our pleasure.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator |
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