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Legal Question: Removal of Legislator Status
#1

Your Honor:

I submit the following legal questions on the removal of legislator status. These questions are based on Article IV, Sections 3-4 of the Charter of the Coalition of the South Pacific as well as precedent established by the High Court in HCLQ1611.

Article IV, Sections 3-4 of the Charter Wrote:3. All residents of the Coalition are eligible to attain legislator status through application with the Chair, predicated on the Chair ensuring they are not seeking membership in bad faith, are not attempting to obscure their identity, are not attempting to join with multiple nations, and the Council on Regional Security does not declare them a significant risk to regional security. Any member of the Assembly may publicly petition the Chair for or against a prospective legislator’s admission.

4. Within the first week of each calendar month, the Chair will remove legislator status from any person absent for more than half of all votes finished in the previous calendar month, if a minimum of two votes occurred. The Chair may exercise their discretion and not remove legislators who have participated in assembly debate, but are below the voting threshold.

HCLQ1611 Wrote:HCLQ1611:

The Court finds that the Deputy Chair does have the power to approve legislature applications unless otherwise determined by the Chair of the Assembly.

My questions are as follows:

1. Despite not explicitly being given the power to do so under Article IV, Section 4 of the Charter, does the Deputy Chair of the Assembly have the power to carry out the mandated monthly removal of legislator status, unless otherwise determined by the Chair of the Assembly, according to the precedent established by HCLQ1611, and, if so, does the power to do so continue following resignation of the Chair from office?

2. Given that Article IV, Section 3 of the Charter requires that only "residents of the Coalition" are eligible for legislator status, is maintaining a nation resident in the South Pacific also required to maintain legislator status, and can legislator status be removed during the mandated monthly removal of legislator status for failure to maintain a nation resident in the South Pacific even if an individual has satisfied legislative activity requirements?

I respectfully request that the High Court address these legal questions with all possible haste, as the mandated monthly removal of legislator status is scheduled for next week, and we have entered an election period. I thank the High Court for its consideration.


Messages In This Thread
Legal Question: Removal of Legislator Status - by Cormac - 04-27-2017, 03:24 PM



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