| Review Request (overturn a decision by a government institution or official) [2209.HR] In-game consent for A2205.05 Amendment to Article XIV |
HIGH COURT OF THE SOUTH PACIFIC
[2209.HR] IN-GAME CONSENT FOR A2205.05 AMENDMENT TO ARTICLE XIV SUBMISSION 02 JUN 2022 | JUSTICIABILITY 05 JUN 2022 CHIEF JUSTICE KRINGLE DELIVERED THE ORDER, SIGNED ALSO BY JUSTICE GRIFFINDOR. Whereas this Court is empowered by Article 9 of the Judicial Act to make use of temporary injunctions compel an individual or institution to do or refrain from specific acts, it is ordered as follows: BACKGROUND On 29 May 2022 Chair of the Assembly The Haughtherlands certified the passage of A2205.05 Amendment to Article XIV — Great Councils, an amendment to the Charter that revamped the process to convene and hold Great Councils, without referring the same to a gameside vote. On 02 June 2022 Belschaft submitted a review request on the matter contenting that, owing to the fact that the amendment removes the mechanism of gameside consultation as a requirement to convene a Great Council, the Chair ought to have referred the matter to a gameside vote as per Article III, Section 5 and Article XIII, Section 2 of the Charter. Given the magnitude of a Great Council and the ambiguity should one be convened without clarity on its legal legitimacy, preventive action is necessary to ensure an orderly process within the bounds of the law. TEMPORARY INJUNCTION The Chair of the Assembly is hereby ordered not to certify the passage of A2205.05 Amendment to Article XIV — Great Councils and of any resolutions that may have been brought to a vote pursuant to it. In the event that either the amendment or any resolutions that may have been brought to a vote pursuant to it have already been certified, the Chair of the Assembly is hereby ordered not to bring to a vote any resolution pursuant to the amendment and the Chair of the Great Council is hereby ordered not to convene said meeting. This injunction will remain in force until the High Court issues a ruling on the underlying case, at which point the same shall take precedence, or until two weeks have expired and no extension shall have intervened, whichever happens first. It is so ordered.
2209.HR.SO | Issued 07 Jun 2022 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 |
| Users browsing this thread: |
| 2 Guest(s) |