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**Belschaft** · 06-02-2022, 02:31 PM

HIGH COURT OF THE SOUTH PACIFIC
CASE SUBMISSION

I, Belschaft, respectfully submit the following case for consideration by the High Court. I hereby state that the information within this submission is true to the best of my knowledge, and that there is no malicious intent or vexatious nature to it. I further promise to make myself available to any future questions or request from the Court in order to ensure that this case is fairly considered.

REFERENCE NAME
In-game consent for A2205.05 Amendment to Article XIV (V.2)

ARGUMENT
Article Three, Clause Five of the Charter states;

"(5) No law may be passed by the Assembly that directly affects the activities of the in-game community without the consent of the in-game community."

Article Thirteen, Clause Two of the Charter states;

"(2) Any amendment to the Charter or constitutional laws that directly affects the gameside community or its home governance, as determined by the Chair of the Assembly, must also receive the consent of the gameside community before coming into force, where the consent shall not require more than a three-fifths supermajority in a vote. Additionally, the Local Council may originate amendments to its structure in the Charter, which must receive the consent of the Assembly before coming into force."

A2205.05 Amendment to Article XIV — Great Councils has removed a specific protection in Article 14, Clause Five of the Charter which stated;

"(4) Any and all changes to regional law proposed by a Great Council may be adopted by a three-fifths supermajority of the Assembly, which must be confirmed by a majority vote of the game-side community."

An amendment removing a clause specifically protecting the right of game-side consent is an unambiguous breach of Article Three, Clause Five of the Charter - as it directly affects the activities of the in-game community, specifically the activity of providing consent.

It is a further breach of Article Thirteen, Clause Two of the Charter as the home governance of the gameside community is clearly and directly affected by any amendment which limits - or in more extreme cases removes - the right of consent.

Whilst the Chair is responsible for determining which amendments directly affect the gameside community this determination cannot be arbitrary or contrary to established law and protected rights. It would be unlawful for a Chair to determine that a law dealing solely with internal Assembly procedure requires the agreement of the gameside community; at the same time it is unlawful for a Chair to determine that a law explicitly granting the gameside community community a particular right or power does not effect that very community.

Article Three, Clause Six states;

"(6) The High Court may strike down any general law or action that violates any right or freedom found in this Charter."

It is my contention that the act of not referring the amendment in question to the gameside community is a clear violation of the right of gameside consent. The Charter provides a simple and clear redress in situations where a right or freedom is violated; for the Court to strike down the general law or action that has caused the violation.

I ask the following;

1. For the Court to review the action of the Chair to not refer A2205.05 Amendment to Article XIV — Great Councils to the in-game region for consent and consider whether this action violates the rights protected by Article Three, Clause Five of the Charter.

2. For the Court to issue a temporary injunction preventing the adoption of A2205.05 Amendment to Article XIV — Great Councils as law and any subsequent vote under it's provisions until this case has been decided.

REQUEST
Does the action of the Chair to not refer A2205.05 Amendment to Article XIV to the in-game region for consent violate the rights protected by Article Three, Clause Five of the Charter?

Submitted to the High Court of the South Pacific

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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(This post was last modified: 06-02-2022, 03:42 PM by Kris Kringle.)