| Legal Question: On Assembly ammendments via Gameside matters |
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Your honourable Justice:
In the Charter of the South Pacific, the Article on the Local Council states: Charter of the South Pacific, Article V. Wrote:2. The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community. My question is via the second part of that section: If the Assembly cannot enact any law that is related to an issue local to the in-game community, then can the Assembly also repeal or ammend a law where the repeal or ammendment is related to the in-game community?
If the Assembly were to repeal the LC portion of the Elections Act, it would be returning regulation of LC elections to the LC. That isn't proscribed, as it's not passing a new law. It's actually fulfilling the home rule requirement of the Charter, by giving the LC full control over their own elections.
(03-05-2017, 07:35 PM)sandaoguo Wrote: If the Assembly were to repeal the LC portion of the Elections Act, it would be returning regulation of LC elections to the LC. That isn't proscribed, as it's not passing a new law. It's actually fulfilling the home rule requirement of the Charter, by giving the LC full control over their own elections.Your honour, I would like to clarify that what sandaoguo is referring to is a specific matter. My question is in the general sense of the matter.
The only law affected by your LQ is the Elections Act.
If it would please the court, I would like to say something about the scope of this Leal Question.
As a point of law, the High Court isn't a forum to just go ask ambiguous questions on ill-defined concepts. It's to address specific points of law: Quote:4. The High Court has the power to declare any general law or regulation, Cabinet directive, and Local Council law or regulation, in whole or in part, void upon determination that it violates the terms of this Charter or any other constitutional law. Legal Questions shouldn't be about "the general sense of the matter." The High Court can't deliver a controlling and convincing opinion on ephemeral "senses." At issue here is the Elections Act, and whether or not the Assembly can move forward with petitioner Feirmont's proposed amendment: http://tspforums.xyz/thread-4883.html It's the opinion of the Chair of the Assembly that I cannot constitutionally bring that amendment to vote. The Charter very clearly says that the Assembly cannot "enact any law ... that is solely related to an issue local to the in-game community." The time and manner of Local Council elections are probably the most localized issue to the in-game community. The Assembly can no longer pass laws relating to those elections. It can, however, repeal the existing provisions, returning the regulation of the time, date, and manner of Local Council elections to the Local Council itself. Repealing a law isn't "enact[ing] any law." It's, in fact, the opposite. This provides two options: 1. The High Court can strike down the Local Council provisions of the Elections Act, given that it is an act of the Assembly and the Assembly is prohibited in the Charter from having laws solely related to an issue local to the in-game community. Or, 2. The Assembly can repeal the Local Council portion of the Elections Act. Without one of the above options being invoked, however, it's my opinion as Chair of the Assembly that the time, date, and manner of Local Council elections can't be changed. Given the purpose of the Charter amendment on the Local Council, legislative history does suggest that repeal of the Local Council election regulations is the intent of the Assembly. While that bears little relevance to the High Court's decision here, it does show that the Charter amendment did not intend to allow the Assembly to continue regulating LC elections. (03-05-2017, 08:19 PM)sandaoguo Wrote: If it would please the court, I would like to say something about the scope of this Leal Question. You're making this sound really more than it is, and making it look like I'm attacking you with this questions seeing how hard you're trying to get it thrown out. Honestly, I just want to know if it's legal, that's all. There's honestly no hidden scheme to make Sandaoguo here look bad or anything, I just want to make sure the Assembly follows the laws, as written. Sure, the closest matter at hand is the Elections Act, but I want to make sure that whatever the Courts Decide doesn't set a precedent for all laws that the Assembly repeals or ammends; thus the Justice could either word it so it's that specific law, or answer my question with also the other laws pertaining to the gameside. Honourable Justice, I do apologize for the posts that have arisen thus far, as they are neither amicus briefs or in any way helpful, seeing as you have not even accepted the question yet.
I simply don't think it's possible to reach a good opinion on broad and vague questions. There probably isn't a universal rule to craft, so it's better to ask about specific laws.
The High Court acknowledges the receipt of this legal question and is currently considering whether to hear it.
The High Court has chosen to hear this legal question, hereafter designated HCLQ 1704. Interested parties are invited to submit an amicus brief on the matter
The High Court wishes to remind everyone that HCLQ 1704 deals only with the scope of the petitioner's original question, and will not address any further issues as part of its ruling. This includes matters such as specific laws that may be affected by a ruling. Should concerns on these issues be raised by the verdict of HCLQ 1704 they should be raised in later Legal Questions. |
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