Petition: Request for a Judicial Review

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Lord Erion
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Petition: Request for a Judicial Review

Post by Lord Erion » Thu Aug 25, 2016 9:11 pm

Your Honours,

As Chancellor I am obliged to bring your attentions to the following Resolution that has been passed by the Frenzy:
[Resolution] Extraditing the Leonid Guard to Shireroth

I respectfully respect a Judicial Review of this Resolution as it appears to be in contravention of certain clauses of the Caprine Code, namely Section 8.A.2 and 3. In addition, clause 3 of the Resolution appears to usurp the exclusive right granted by Section 1.1.6.

Until the Judicial Review is either denied or concluded, I also respectfully request than an Injunction is issued in order to prevent the implementation of the Resolution.

Respectfully yours,
Prince Erion, Chancellor.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

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Ivo Angus
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Re: Petition: Request for a Judicial Review

Post by Ivo Angus » Thu Aug 25, 2016 10:15 pm

Your Most Gracious Excellency,

the Court will consider this request with immediate alert. The request for injunction is considered of highest priority.

The Timeless Shadow
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Joined: Wed Jan 27, 2016 10:45 pm

Re: Petition: Request for a Judicial Review

Post by The Timeless Shadow » Thu Aug 25, 2016 10:56 pm

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In the Supreme Court of the Natopian Nation

THE MATTER

between

HIS IMPERIAL HIGHNESS THE CHANCELLOR OF THE BOVIC EMPIRE OF THE NATOPIAN NATION

and

THE FRENZY

On Judicial Review of the Leonid Guard Resolution:


AN ORDER

The Chancellor has petitioned the Court to grant an injunction to the execution of the Resolution of the Frenzy to extradite all members of the Leonid Guard to the Imperial Republic of Shireroth [“the Resolution”], pending the judicial review of the same resolution.

The Resolution has three operative clauses:

  1. The Frenzy orders the immediate detention of all current and former members of the Leonid Guard, without discrimination and without exception, at the nearest jails.
  2. The Frenzy orders that following the detention, the detained Leonids shall be shipped to Zy-Rodun or any port of Goldshire, whichever is most convenient.
  3. The Frenzy orders that whosoever fails to adhere to this Resolution commits contempt of Frenzy.
It is impossible for the Court to order an injunction to clause 1, as the effect of that clause has already been decided in Waffel-Paine v Leonid Guard (12.13.1639).

In holding the view that any transfer of members of the Leonid Guard to Shireroth under clause 2 would be impossible to revoke should the judicial review find this clause illegal, it is prudent for the Court to grant injunction to clause 2. As clause 3 depends on the execution of clause 2, that clause ought to be held under injunction as well.

Therefore, the Court grants the petition for an immediate injunction to the execution of clauses 2 and 3 of the Resolution of the Frenzy to extradite all members of the Leonid Guard to the Imperial Republic of Shireroth, and denies the petition for an immediate injunction to the execution of clause 1 of the Resolution.


Done at the Palace of Law, in Lindström, this 12 Tasneber 1639.[/justify]

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The Timeless Shadow
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Joined: Wed Jan 27, 2016 10:45 pm

Re: Petition: Request for a Judicial Review

Post by The Timeless Shadow » Sat Aug 27, 2016 9:17 pm

The Court is now in session in the matter between HIS IMPERIAL HIGHNESS THE CHANCELLOR OF THE BOVIC EMPIRE OF THE NATOPIAN NATION and THE FRENZY on Judicial Review of the Leonid Guard Resolution.

The Court invites the Chancellor to make a submission to the Court, outlining, for each clause, which sections of the Caprine Code he believes that clause violates, and why he believes so.

Following that submission, the Court, seeing that the Frenzy has no representative, invites any person to make submissions as friends of the Court to agree or disagree with the Chancellor's assessment. The Chancellor will be given opportunity to respond.

Your Imperial Highness -- the floor is yours.
NGHAFH CTAGD
THE TIMELESS SHADOW

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Lord Erion
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Re: Petition: Request for a Judicial Review

Post by Lord Erion » Sun Sep 04, 2016 9:33 am

Your Honours,

I submit that, for Clause 1 of the Resolution, this may comprise an offence under section 8.A.2. and 8.A.11 of the Caprine Code, as the action mandated under the said Clause could self-evidently not be implemented without the consequences from which the offence arises, and the Frenzy otherwise has no power to mandate such actions as it is not a Court of Law.

I submit that, for Clause 2 of the Resolution, that the same applies as it follows on directly from Clause 1.

I submit that, for Clause 3 of the Resolution, this may disregard section 1.6 of the Caprine Code, as the Clause creates an offence that does not exist in law under the Caprine Code, while simultaneously ignoring the established legal process for governing the functioning of the Frenzy.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

The Timeless Shadow
Posts: 214
Joined: Wed Jan 27, 2016 10:45 pm

Re: Petition: Request for a Judicial Review

Post by The Timeless Shadow » Fri Sep 23, 2016 2:27 pm

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In the Supreme Court of the Natopian Nation

THE MATTER

between

HIS IMPERIAL HIGHNESS THE CHANCELLOR OF THE BOVIC EMPIRE OF THE NATOPIAN NATION

and

THE FRENZY

On Judicial Review of the Leonid Guard Resolution

The Court, consisting of His Imperial Highness Ivo Angus-Moonoak of Waffel-Paine KBH COM, Prince of Natopia, Chief Justice, and Her Eminence, Kurai Darkmoon, The Timeless Shadow of Leng, Metrobosarch of Benacia, Associate Justice, has heard the Request and the arguments for it, and makes the following judgment:

The Chancellor petitioned the Court to bring the Resolution of the Frenzy to extradite all members of the Leonid Guard to the Imperial Republic of Shireroth [“the Resolution”] under judicial review. The Chancellor alleged that all three clauses of the Resolution may be illegal under the Caprine Code, and requested that the Court settle the matter.

His Majesty Noah, King of Uppland, Associate Justice to this Court, took no part in the proceedings because of conflict of interest.

The Court will adress each clause of the Resolution, before delivering the summary of the judgment.

Clause 1 of the Resolution:
“The Frenzy orders the immediate detention of all current and former members of the Leonid Guard, without discrimination and without exception, at the nearest jails.”

The question to the legality of clause 1 has two dimensions. The first one is that notwithstanding the legality of the clause, the effect will remain the same. The Leonids in Natopia are all detained, but the legal basis is not in the Frenzy resolution, but in a judgment of this Court (see Order of the Court in Waffel-Paine v Leonid Guard, 1639).

However, it is important for the Court to deal with the question of legality of this clause. The first reason is that if there is cause to believe that the Frenzy has overstepped its bounds, it is necessary to clarify the boundaries. With a clear separation of powers in the Empire, the legislature may legislate better.

Section Eight of the Caprine Code deals with restrictions on what anyone may do to another in Natopia. Not abiding by the restrictions is an offence. Subsection A describes it as thus: “No person, nor persons, organization, government, group, or other legal entity, may cause harm to another within the Empire, whether to a Citizen or a foreigner, by means of the following:” Thereafter follows a list of offences.

Clauses 2 and 3 are of especial interest to this case.

“2. Causing physical harm to either a person or their property, or otherwise depriving them of their property or assets without a specific or direct order of a court of law.”

“3. Invading the privacy of a person unless under a specific and direct order of a court of law.”

The detaining of the Leonid Guard, had it been performed under the Resolution, would have deprived the Guardsmen from their liberty without “a specific or direct order of a court of law”. The very act of detaining persons is a deprivation of liberty. When people cannot exercise their liberty, when they by physical force (as in a jail) are denied the exercise of liberty, they will be subjected to force. Force is upheld by the threat of harm, either through violence or through fines (“harm to property”). The Frenzy had no authority to detain persons, and had it done so, and exercised its powers in detaining the Leonid Guard, the Frenzy would have committed an offence.

Clause 1 of the Resolution is therefore illegal and null and void. The detention of the Leonid Guard, however, remains, because of the order in Waffel-Paine v Leonid Guard.

Clause 2 of the Resolution:
"The Frenzy orders that following the detention, the detained Leonids shall be shipped to Zy-Rodun or any port of Goldshire, whichever is most convenient."

The Leonid Guard were detained for their alleged involvement in a murder, and are wanted by authorities in Shireroth, who appealed to the Empire with a request for the extradition of the Leonid Guard (See Imperial Decree 812, Kaiser’s Court, Imperial Republic of Shireroth). As the detention awaiting trial was legal under Waffel-Paine v Leonid Guard, an extradition request will not involve any questions of deprivation of liberty. The alleged offence took place in the jurisdiction of the Imperial Republic of Shireroth, and therefore the appropriate court for trial of the accused should take place there, under the norms of international law. Although the Natopian Empire is only under obligation to give recognition “to all public acts, records, contracts and judicial proceedings in the field of civil law” in Shireroth (Treaty of the Matrimonial Palace, Article VI), there exists an objective interest in having an investigation and subsequent trials for the alleged murder. The interest is even stronger for Natopia as the persons killed were Natopian citizens.

There is no law barring the extradition. The order of detention of the Leonid Guard is valid, and Natopia is not the appropriate jurisdiction for their trial. As such, the extradition of the Guardsmen to Shireroth is reasonable and legal.

The objections of the Chancellor to Clause 2 are therefore dismissed.

Clause 3 of the Resolution
“The Frenzy orders that whosoever fails to adhere to this Resolution commits contempt of Frenzy.”

This clause directs “whosoever” to not act against the clause.

Section One of the Caprine Code, subsection 3 deals with directing resolutions. Although the Caprine Code “only contains the permanent and long-term laws of the Empire” (3.2), the Frenzy has powers to make short-term and directing one-time laws in the form of resolutions. “Decisions that require the approval of the Imperial Government but are not appropriate to enshrine in the Empire's legal code are considered Resolutions.”

As such, a Resolution is not an inappropriate mode to effect decisions that are not covered by permanent law.

However, “Resolutions may direct Imperial officials to act in accordance with the Caprine Code … or any other similar action to ensure effective governing” (3.2.1).

To direct imperial officials not to go against the Resolution is therefore a legal way for the Frenzy to ensure that its decision will be adhered to, or in the words of the Caprine Code, “to ensure effective governing.” That clause in the Code, though, extends only to imperial officials. Imperial officials would by extension mean any person under the agency of the Empire who is tasked to uphold the laws and decisions of the Empire. It cannot extend to “whosoever” as the Resolution wants.

Clause 3 is therefore legal only so far as it directs Imperial officers, and shall by this judgement be reinterpreted as such.


Summary of Judicial Review

  1. Clause 1 of the Resolution is illegal, but the matter has no practical effect as the detention of the Leonid Guard is effected by other way.
  2. Clause 2 of the Resolution is legal.
  3. Clause 3 of the Resolution is legal in so far that it only applies to Imperial Officers.
  4. The injunction to the execution of the Resolution is lifted.

Done at the Palace of Law, in Lindström, this eighth day of the twelfth month of the year sixteen and hundred and forty.[/justify]

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