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by Prozera. . 47 reads.

(C.O.18) Judicial Overturn: The Anti-Conventian Act

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Aukumnia
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Court Verdict - OVERTURN of THE ANTI-CONVENTIAN ACT; Debated 15/4/2019, Ruling Issued 16/4/2019

Summary: The Anti-Conventian Act (L.R.54) overturned by the Court for violation of The Senate Powers and Legislation Definition Act (L.R.29)

Presiding Magistrate: Prozera, Associate Magistrate

Assent: Xencovia, Prozera, Gonadez

Dissent: NONE

Final Decision - ILLEGAL

After deliberation amongst the Court of Magistrates, the Court has come to the unanimous decision that The Anti-Conventian Act (L.R.54), or ACA, for short, is illegal in accordance with The Senate Powers and Legislation Definition Act (L.R.29). Clause ii; subclause iii; part ii, iii, iv, and v of The Anti-Conventian Act all issue banishment to individuals, none of which were members of the region at the time. The Senate Powers and Legislation Definition Act specifically outlines the powers and jurisdiction of the Chamber of Representatives (then, the Senate) and according to the conclusion of the Court none of the powers outlined in this Act encompass the banishment of individual nations. This is not within the jurisdiction of the Legislature according to passed law.

The Court considered that clause ii; subclause i of The Senate Powers and Legislation Definition Act ("The power to create any laws governing the rights and behaviours of The Citizenry;") could encompass the banishment of individual citizens, citing the statement that the Legislature has the power to "create any laws governing the... behaviours of The Citizenry." The Court considered that this could indicate that the Legislature has the jurisdiction to ban an individual from the region, effectively curtailing their "behaviour" of movement within the region to the point of disallowing them from holding citizenship.

However, the Court has come to the conclusion that clause ii; subclause i of the Senate Powers and Legislation Definition Act simply establishes that the Legislature may make laws generally governing the rights and behaviours of The Citizenry, which must apply to The Citizenry as a whole as opposed to specifically issuing an action towards a single individual. Thus, this clause, as defined by the Court, simply establishes the Legislatures general jurisdiction over conduct and behaviour of The Citizenry as a whole and may not specifically target individuals with legal action. That is the jurisdiction of the Court when interpreting laws and the Executive when enforcing them.


In conclusion, the Court of Magistrates has come to the interpretation that The Anti-Conventian Act is in contradiction with The Senate Powers and Legislation Definition Act and is thus struck null and void by the Court.

Signed,
Prozera
Associate Magistrate
Kingdom of Aukumnia


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Aukumnia
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Prozera

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