Noting the previously failed attempt to enshrine into law a system for formalised commendations and condemnations issuable by the Assembly body which included the assembly rejecting these measures by a majority, also noting calls to issue commendations anyway and a viewpoint voiced along the lines of "As a crucial part of a democratic system, we retain the right to issue commendations and condemnations without a formal system to do so", I bring the Court these following questions:

1: Has the assembly limited it's ability to issue commendations and condemnations by rejecting the formal ability to do so?
2: Do Assembly matters previously rejected by a majority of the Assembly need explicit confirmation of ability by the Assembly in order to be enacted later?
3: Is the ability to issue commendations and condemnations considered a crucial part of the democratic system that is retained without a formal system to issue them?

Thank you your honors.

Legislator
Minister of Media
Former Deputy Chair of the Assembly (x3)
Former MoRA
Former Deputy MoRA
Ambassador to XKI
Anti-Establishment Populist

(This post was last modified: 02-12-2021, 11:31 AM by Kris Kringle. Edit Reason: [Chief Justice Edit] Updated the title of the thread with the DN. )

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HIGH COURT OF THE SOUTH PACIFIC [2101.HQ] CONCERNING ASSEMBLY POWERS SUBMISSION 12 FEBRUARY 2021 Notice is given that this question has been received by the High Court and has been assigned all the necessary identifying information as follows: DOCKET NUMBER 2101.HQ REFERENCE NAME Concerning Assembly Powers QUESTION Has the assembly limited it's ability to issue commendations and condemnations by rejecting the formal ability to do so? Do Assembly matters previously rejected by a majority of the Assembly need explicit confirmation of ability by the Assembly in order to be enacted later? Is the ability to issue commendations and condemnations considered a crucial part of the democratic system that is retained without a formal system to issue them? The petitioner and other interested parties are invited to explain the necessity of a decision on this matter no later than 14 February 2021 10:00 UTC, but the Court reserves the right to make a determination before then. Briefs Amicus Curiae on the preferred eventual outcome of this case are not required at this time. 2101.HQ.NR | Issued 12 February 2021

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:
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(This post was last modified: 02-12-2021, 11:30 AM by Kris Kringle.)

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The reason i brought this to your attention your honor, was because we have discussed commending people since the failed legislation at varying points, and im interested in which view is applied here.

I had came to the court in order to help accentuate and increase my and others understanding of the region. I decided to bring this along without an accompanying commend attempt or legislation to create a system for such, because it is my understanding that the court can find legal questions without a current issue justiciable.

The kind of guidance and reckoning the court can provide here is greatly needed: If delivered, an opinion on these questions will shine a light into the abilities and powers of the Assembly, and make the vague and unclear suddenly certain and readable.

Thank you

Legislator
Minister of Media
Former Deputy Chair of the Assembly (x3)
Former MoRA
Former Deputy MoRA
Ambassador to XKI
Anti-Establishment Populist

(This post was last modified: 02-12-2021, 03:33 PM by islands_of_unity.)

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Would you like to reconsider the phrasing of your questions to refer to specific sections of the law?

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

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I submit the following additional question to please the court: Does the "legislative supremacy" given to the assembly by the charter include the right to issue commendations and condemnations?

Legislator
Minister of Media
Former Deputy Chair of the Assembly (x3)
Former MoRA
Former Deputy MoRA
Ambassador to XKI
Anti-Establishment Populist

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Your honours,

The legal basis of the prerequisite arguments of this case are lacking at best, or frankly absurd at worst. This case seems to be derived entirely from assumptions with little to no basis in law.

Regarding questions (1) and (2), the notion that the Assembly has voted against a specific proposal means it has explicitly voted for the reverse is a patently absurd notion. Drawing on a recent example, if question (2) was interpreted as the petitioner intends, then by the Assembly voting against A2102.03, then the Assembly would have rejected its ability to create a World Assembly ministry and perhaps even reject the legality of the already existing Office of WA Legislation entirely. This is, of course, an absurd notion with no basis in regional law.

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HIGH COURT OF THE SOUTH PACIFIC [2101.HQ] CONCERNING ASSEMBLY POWERS SUBMISSION 12 FEBRUARY 2021 | JUSTICIABILITY 16 FEBRUARY 2021 Whereas this Court has been asked to exercise the judicial power vested in it by Article VIII of the Charter of the South Pacific, it is resolved as follows: DETERMINATION OF JUSTICIABILITY This case is not found justiciable. SUBMISSION OF REQUESTS FOR AN IN-CHAMBERS OPINION Interested parties may request the Chief Justice to provide an opinion with the reasons that led to this determination no later than 24 February 2021 10:00 UTC. It is so ordered. 2101.HQ.DJ | Issued 16 February 2021

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

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