Post by Asairia on Apr 1, 2018 20:05:28 GMT
May 20, 2017
in the case of:
The Socialist Republic of Cosmosplosion [Petitioner]
vs.
The Versutian Federation [Respondent]
Application:
Applicant nation(s): The Socialist Republic of Cosmosplosion
Additional representations: Ghostopolis and Jinwoy
Law in question: Article 6, Section 3 of the Constitution, citing the recent amendment to the section allowing judicial review.
Summary of reasons this law/rule is incompatible: My citizenship was stripped after a parliamentary vote under the original 6.3 section of the Constitution.
Remedy/Remedies sought: I am requesting my citizenship be returned to me as soon as legally possible.
I, Cosmosplosion, hereby certify the above to be correct to the best of my knowledge.
The Minister of Justice has judged your application meritorious. Judicial review follows below.
Judgment
ALAMEI, MoJ
1. In February 2017, Parliament held a vote to expel Cosmosplosion from its ranks under Article 6.3 of the Constitution, which read as follows:
6.3. A two-thirds majority vote of Parliament can ban any member Nation from Parliament permanently.
2. The claimant took issue with this action, citing Article 8.3, which grants all citizen nations the "inalienable" right to vote in elections and in Parliament.
3. Being rather averse to constitutional crises, I opted to enforce his ejection from Parliament by revoking his status as a citizen, pursuant to Article 6.1's definition of Parliament as "all citizen Nations of the Versutian Federation".
4. Earlier this month, Article 6.3 was amended and the language about expelling members of Parliament removed.
5. Where precedent is concerned, a revision or repeal of a law should not necessarily pardon those punished under it as a matter of course; however, the process of expelling a nation from Parliament does not require or constitute a legal judgment, nor is it subject to the same standards of evidence and due process, and therefore cannot be considered equivalent to a decision of the Court.
6. A ban from Parliament is inconsistent with the Constitution in both letter and spirit.
IT IS ORDERED the petitioner's ban from Parliament be overturned and his citizenship restored.
Judgment delivered:
May 31, 2017