| Legal Question: On Assembly ammendments via Gameside matters |
Given my duties as Chair to bring bills to the floor once they've received a motion and a second, I must request that the Court deliver an opinion speedily, preferably before March 11, when the motion to repeal the Elections Act must be brought to vote.
I would like to mention to the Court that the item before the Assembly which our honorable Chair is referring to does not have to be brought to a vote on March 11th, that is simply the earliest it could be brought to a vote. I would ask this honorable court take time in determining a ruling on this important question it faces.
Above all else, I hope to be a decent person.
Has Been What's Next? CoA: August 2016-January 2017
Minister of Foreign Affairs: October 2019-June 2020, October 2020- February 2021
Will the court be making a ruling? Or have I missed something?
-Griffindor/Ebonhand
-Current Roles/Positions -Legislator 2/24/20- -High Court Justice 6/7/20- -South Pacific Coral Guard 11/17/20- -Minister of Engagement 6/17/22- -Past Roles/Positions -Legislator 7/3/16-4/10/18 -Secretary of State 4/3/20-2/24/21 -Chair of the APC 9/24/16-5/31/17 -Vice-Chair of the APC 6/1/17-4/10/18 -Local Council Member 7/1/17-11/17/17 -Citizen 5/2012-12/2014 and 2/26/16-7/3/2016 HCLQ1704
March 24th, 2017 Petitioner Feirmont Presiding Justice Farengeto Your honourable Justice: In the Charter of the South Pacific, the Article on the Local Council states: Charter of the South Pacific, Article V. Wrote:2. The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community. My question is via the second part of that section: If the Assembly cannot enact any law that is related to an issue local to the in-game community, then can the Assembly also repeal or ammend a law where the repeal or ammendment is related to the in-game community? Ruling
After consideration it is the opinion of this court that Article 5.2 of the Charter solely refers to the creation and passage ("enactment") of new pieces of legislation ("laws"). Throughout the Charter the term "law" is consistently used to refer to full legislative documents (e.g. Article I. Constitutional Laws) and it is the opinion of the Court that this usage extends to Article V. For "enact" the Court interprets it according to the relevant standard dictionary definitions of the term, such as Merriam-Webster's definition of "to put into effect through legislative or authoritative action". After consideration is was the opinion of this Court that "enact" therefore only covers new pieces of legislation and Article 5.2 does not apply to the amendment or repeal of these laws. |
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