We are working on a brand new version of the game! If you want to stay informed, read our blog and register for our mailing list.
Bill: Leigh v Reik (2766)
Details
Submitted by[?]: Constitutionalist Imperial League (IA)
Status[?]: passed
Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: April 2814
Description[?]:
| Mr Patrick Leigh, a resident of Laloquon, Yodukan, is pursuing a lawsuit against the civil government of the duchy of Yodukan, represented by Ducal Solicitor Mr Connor Reik. Mr Leigh alleges the defendant is violating his rights under the 1st Ammendment by ordering that the land he owns and where his business is established be confiscated by the government of Yodukan for the construction of a police station. Mr Leigh is not challenging the legality of the action but the constitutionality of the law, which states that the government can seize private land for vital government works. Mr Leigh claims the 1st Ammendment forbids the governemnt from seizing private land and asks that the Imperial Supreme Court review his case. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 17:47:58, June 03, 2009 CET | From | Constitutionalist Imperial League (IA) | To | Debating the Leigh v Reik (2766) |
| Message | IC: The seating of the Imperial Supreme Court in the year 2766 is the following: Minister of Justice, leading the court: His Lordship Paul Muldoon (LDP) The Liberal Democratic Party: 2 justices (including the minister of justice) The Constitutionalist Imperial League: 7 justices In particular: The Geharon Conservatives: 3 justices The Homeland Libertarians: 1 justice The Free-Marketeers: 3 justices As per the Code of Address, all justices on the Imperial Supreme Court are to be reffered to as "His/Her Lordship/Ladyship". OOC: I know the bill of rights hasn't passed yet, but can we please say it did (it will), its more convenient for me relating to time zones :) |
| Date | 14:37:43, June 05, 2009 CET | From | Liberal Democratic Party of Luthori | To | Debating the Leigh v Reik (2766) |
| Message | His Lordship, the Rt Hon. Paul Muldoon: "The Imperial Supreme Court officially opens the case of Leigh vs Reik on the issue of the legality and constitutionality of eminent domain. Would the Plaintiff stand to make his opening statement. I remind you that you have five minutes to make your point. After that time, the red light in front of you will glow and anything you say from that point onwards will be disregarded by the Court." Opening statement of the Plaintiff Mr Patrick Leigh, represented by lawyer Mr Mark Mallory: "Ladies and Gentlemen of the Imperial Supreme Court, It is with great displeasure that I am in your company today. However, justice must prevail and we will not give up on this fight until the very end. My client, Mr Patrick Leigh, is facing the end of his livelihood. The business which he has based his life, and the lives of his family, on is about to be taken away from under his feet - literally. To make matters even worse, it isn't criminals threatening the business Mr Leigh. It isn't even greedy corporations. No, instead, it is the fault of the Government which he elected and which he has paid his taxes to since he came of age. This very Government is attempting to assume control of Mr Leigh's property, with which his livelihood is based upon, to use for government works. The role of the Government is to protect the rights and liberties of its citizens. It is that very belief which forms the basis of the Bill of Rights, which was voted in unanimously by the Imperial Diet just three months ago. The Bill of Rights aims to act as a check and balance to ensure that the Government cannot violate the rights of the citizens it is charged with protecting. The argument adopted by my learned colleague in Defence, Mr Reik, will no doubt be that the Common Bill of Rights has not yet been applied to the legislature and so the current legal status allows this unjust act to occur. On the contrary, the Common Bill of Rights acts as an ammendment to current legislature and it, now, forms the basis of the laws. The 1st Ammendment to Luthori legislation, which I remind you all was accepted unanimously by the Imperial Diet, states quite clearly that the "government may not deprive anyone from their property". The Imperial Supreme Court is charged with the role of ensuring that the Government does not overstep is authority, as outlined by the Constitution. The Bill of Rights forms a significant part of the Constitution and the Supreme Court should not - no, must not - allow the Government to abuse its powers as outlined by this document. What the Government is attempting to do to Mr Patrick Leigh is morally reprehensible, socially unjust and most importantly unconstitutional. For the sake of Mr Leigh and for the sakes of all the Governments future intended-victims, you must act - and you must act now - to ensure that the Government is bound by the Constitution and cannot destroy the lives of its very own citizens." With a disgusted look on his face, the Plaintiff returned to his chair. His Lordship, the Rt Hon. Paul Muldoon: "Mr Reik, it is time for your opening statement. The same rules apply to you - five minutes and then the red light. You may begin." |
| Date | 16:07:17, June 05, 2009 CET | From | Constitutionalist Imperial League (IA) | To | Debating the Leigh v Reik (2766) |
| Message | Connor Reik, an individual in line for a Ducal peerage and an expert in Luthori protocol and law, bowed very low to each of the members of the Supreme Court, acknoledging their noble status: "My noble Lords and Ladies of His Majesty's Supreme Court, The government of Yodukan was perfectly within its rights as established by Luthori common law to practice eminent domain on the land where Mr Leigh's business was located. Furthermore, one can argue that the Constitution is intentionaly vague in its description of property and that the government mentioned is the Imperial government, not the Ducal one of Yodukan. This assembly must also protect the rights of Ducal government and make sure that the Imperial government does not infringe on those, as layed out by article 8 of the Common Bill of Rights. If Mr Leigh disagrees with the law, he may become a candidate for the Imperial Diet and attempt to change the law. The current law was democraticaly chosen by the members of the Parliament and thus in agreement with the will of the people, who deem it necessary that certain pieces of land be confiscated for the common good. I hope the Lords and Ladies of this august assembly will side with the Duchy of Yodukan in this case." Once again, Mr Connor bowed low to the SUpreme Court before sitting down again. |
| Date | 17:21:08, June 24, 2009 CET | From | Liberal Democratic Party of Luthori | To | Debating the Leigh v Reik (2766) |
| Message | His Lordship, the Rt Hon. Paul Muldoon: "Mr Reik, Mr Mallory, your statements have been considered by the Court. I now ask Mr Mallory to return to the stand to make his second statements. You will have five minutes to lay out the legal precedence and legality of your arguments to myself and my fellow Justices. I remind you that the red light will come on at the end of your time and nothing you say after that happens can be considered when making our verdict - so don't waste your time. You may begin." Second statement of the Plaintiff Mr Patrick Leigh, represented by lawyer Mr Mark Mallory: "Ladies and Gentlemen of the Imperial Supreme Court, My learned colleague in Defence, Mr Reik, has made it clear to the Supreme Court that the Constitution has been made to be intentionally vague. The obvious lack of clarity within the Common Bill of Rights places full responsibility of interpreting the eight ammendments in you, the Ladies and Gentlemen of the Supreme Court. It is the responsibility of this Court to determine when the Government - be it the Imperial or a Ducal Government - oversteps their powers and violates the rights of a citizen. Today, the Court is being asked to do just that. The First Ammendment states that "the Government may not deprive anyone from their property". I repeat, "the Government may not" - meaning, it is unconstitutional for the Government to - "deprive anyone" - meaning, a citizen of the Holy Luthori Empire regardless of the Duchy of their residence - "from their property" - meaning, the land or products which they have rightfully purchased and rightfully reside in. So according to the First Ammendment, which was voted in unanimously by the Imperial Diet, it is unconstitutional for a Government of Luthori to seize control of land or property which rightfully and legally belongs to a citizen of our nation. Nowhere within the "vague" First Ammendment is there any reference to this rule applying ONLY to the Imperial Government and not the Ducal Government of Yodukan. The Imperial Diet voted uninamously to outlaw the ability of Government to unjustly take away a citizens property. This was done with the rights and freedoms of our citizens at heart. The validity of this law must be applied to all levels of Government for the sake of our people. A Ducal Government has overstepped their power and has infringed upon the most basic and essential of rights. Considering the relative youth of this constitutional ammendment, the Imperial Supreme Court must act and must act immediately to set a precedence and ensure that this travesty can never occur again, lest the Ducal Governments will continue to violate the rights of their own people. I ask the following questions to each and every of the honourable Justices in front of me: What if this was you? What if your house, your business, your property was being threatened in such a way as Mr Leigh's? What if your only hope to maintain possession of the property which you rightfully own and legally paid for was in the hands of a group of individuals like yourselves? What would you want them to do? Government must be held to account. The Imperial Supreme Court is charged with that very responsibility. Don't allow the Government to destroy it's own citizens lives. I, Mr Leigh and all citizens - both current and future - will thank you eternally for it." Mr Leigh returned to his seat as the red light appeared. His Lordship, the Rt Hon. Paul Muldoon: "Thankyou Mr Mallory. Mr Reik, the same rules apply. Don't waste your time. You may begin." |
| Date | 12:49:47, June 26, 2009 CET | From | Constitutionalist Imperial League (IA) | To | Debating the Leigh v Reik (2766) |
| Message | Solicitor Connor Reik stepped forward. Once again, he bowed to every member of the Court before speaking: "My noble Lords and Ladies of His Majesty's Supreme Court, You have heard the eloquent arguments of the gentleman from the prosecution. Although my colleague is correct on many points, he assumes that it is implied that the Constitution regulates on the same level the Imperial government and the Ducal governments. There is no clause permitting implied powers in the Constitution, thus, if we are to guard against Imperial abuse in ducal affairs, we can only assume that the Constituion limits the powers of the Imperial government and this at least on the matter of eminent domain. It is however clear that the COnstitution does not regard eminent domain as a government's right, rather a privilege. For this reason, I suggest that the laws of eminent domain be localized away from the Imperial government and to the duchies, which would both confirm eminent domain's status as a privilege and not a right and confirm the government of Yodukan in its use of this law." Mr Reik bowed again as the red light appeared and returned to his seat. |
| Date | 08:27:51, August 06, 2009 CET | From | Constitutionalist Imperial League (IA) | To | Debating the Leigh v Reik (2766) |
| Message | *The League votes unanimously in favour of Mr. Patrick Leigh, henceforth outlawing eminent domain.* |
| Date | 19:02:36, September 06, 2009 CET | From | Constitutionalist Imperial League (IA) | To | Debating the Leigh v Reik (2766) |
| Message | OOC: The Supreme Court passed this some time ago, so please just support it. |
subscribe to this discussion - unsubscribe
Voting
| Vote | Seats | ||||||
| yes |
Total Seats: 200 | ||||||
| no | Total Seats: 0 | ||||||
| abstain | Total Seats: 0 |
| Random fact: The majority of nations in Particracy are "Culturally Protected" with an established cultural background. Only the "Culturally Open" nations are not bound by the rules surrounding culture. The Cultural Protocols Index should be consulted for more information about the cultural situation of each nation. |
| Random quote: "We're the first society in history with the option of living in a world without poverty. The fact poverty still exist says more about our political leaders than I can." - Clint Borgen |