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  The South Pacific Government District High Court [LQ] [2108.HQ] Legality of the Minister of Culture Making Polls

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Legal Question (interpret the meaning and application of a law) [2108.HQ] Legality of the Minister of Culture Making Polls
  • Offline Belschaft
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#7
01-12-2022, 03:23 PM

HIGH COURT OF THE SOUTH PACIFIC
[2108.HQ] LEGALITY OF THE MINISTER OF CULTURE MAKING POLLS
SUBMISSION 31 DEC 2021 | JUSTICIABILITY 01 JAN 2022 | OPINION 12 JAN 2022

QUESTION
Does the Charter permit the Minister of Culture to create polls on the gameside?

SUMMARY OF THE OPINION
It is the opinion of the Court that it is it is generally lawful for those Officials allotted Regional Officer powers to exercise them, within the confines of any relevant restrictions properly established.
 

JUSTICE BELSCHAFT DELIVERED THE OPINION, SIGNED ALSO BY CHIEF JUSTICE KRIS KRINGLE.

In regards to the question asked by the petitioner the relevant law is not the Charter, which neither grants or denies members of the Cabinet the authority to create polls for the in-game region. It is the Regional Officers Act1 that regulates which Officials of the Coalition may exercise powers over the in-game region and the limitations which may be placed upon the use of said powers. In regards to the Cabinet, Article Two, Section Three of the Regional Officers Act specifies that in addition to the Prime Minister the Cabinet "will be allotted up to three Regional Officer positions and granted Appearance, Communications, and Polls powers."

It is a simple matter of logic that it is lawful for an Official to exercise any particular power that they are granted; it would be absurd for it to be unlawful for them do so, as the act of granting a power contains an inherent authorisation for it's use. The Regional Officers Act makes clear that limitations, additional applicable laws and rules may restrict the use of such powers to particular circumstances and/or purposes, but the High Court is unaware of any such restrictions relating to the use of the power to create polls.

As such we can conclude that it is generally lawful for those Officials allotted Regional Officer powers to exercise them, within the confines of any relevant restrictions properly established.

It is so ordered.
FOOTNOTES AND REFERENCES

[1] Regional Officers Act
2108.HQ.O | Issued 12 Jan 2022
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
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Messages In This Thread
Notice of Reception - by Kris Kringle - 12-31-2021, 08:05 PM
Determination of Justiciability - by Kris Kringle - 01-01-2022, 03:50 PM
RE: [2108.HQ] Legality of the Minister of Culture Making Polls - by Belschaft - 01-12-2022, 03:23 PM



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  The South Pacific Government District High Court [LQ] [2108.HQ] Legality of the Minister of Culture Making Polls


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