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[DISCUSSION] Amendment to Article 4 of the Proscription Act (Judicial Review)
#30

In am attempt to bring move this legislation forward, may i wade in? The feedback from outside of TSP to the last set of Proscriptions was expected on some matters and whilst it was forcefully made from many quarters, the reasoning for the prosciptions seemed sound to me.
As per @sandaoguo, I don't think we should bend to the will of external parties, but by the same token we can't have the situation where threats remain in the region.

I agree with @Belschaft that the court court does take these matters seriously. I think the detail within the EWS decision shows how seriously it was taken.

Whilst I generally love wiggle room in legislation, I generally think we need to be much less loophole-y in proscription legislation. This is because of the nature of the matters. I do have a bit of a worry about the draft currently before us still allows for that wiggle room.

My preference would be to bolster the Proscription Act and to add a secondary PNG act. A PNG act could effectively operate for individuals and could limit the right of appeal.

In terms of the current draft, I would ask if a further restriction on the grounds of appeal as follows could be added:

4. Judicial Review

(1) Individuals, regions or organizations subject to a proscription may only challenge the issuing authority's determination of hostilitproscription in the High Court on the grounds that the proscription fails to accord with Section 3 subsection 2 of the Act.
 
If satisfied that special circumstances warrant it to do so, the High Court may grant an individual special leave to appeal the proscription of a region or organization on the grounds that the proscription fails to accord with Section 3 subsection 2 of the Act.


(2) Individuals subject to a proscription of a region or organization may challenge the issuing authority's determination of their membership in that region or organization in the High Court. 

(3) For the purposes above, the individual or an individual representing the region or organization must be granted adequate permissions to participate in the High Court proceedings for that case.  

I feel that this amendment would allow is to maintain and protect our borders whilst at the same time providing greater certainty for the Court system.


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RE: [DISCUSSION] Judicial Review of Regional Prosciptions - by Beepee - 12-26-2018, 09:27 PM



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