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Bill: 3945 M.C. 1 - SAMARA v. CHANN
Details
Submitted by[?]: Chann National Party (CNP)
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: August 3946
Description[?]:
| (Court opinions are submitted to vote for archive purposes. A vote does not nullify the decision) Cite as: 3945 M.C. 1 MINISTERIAL COURT OF THE CHANN REPUBLIC OF KAFURISTAN YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan CHIEF JUSTICE CHANN delivers the opinion of the Court. This case is brought on appeal to the MINISTERIAL COURT contesting the validity of the March 3945 election results. Appellants claim foul play and undue influence on the part of the Chann Government in the outcomes, whereby the Channs have maintained a super majority of 63 senate seats despite winning only 9.8 million as compared to the Thubats winning only 30 senate seats despite winning 10.4 million votes. Appellant raises two issues, that (1) the Chann government has engaged in the disenfranchisement of Majatrans through its 3932 legislation, the Chann Immigration Reform and Overhaul Act (http://classic.particracy.net/viewbill.php?billid=452252) and the Language Curriculum and Mandate Act of 3932 (http://classic.particracy.net/viewbill.php?billid=452332), and that (2) the Chann government has created a general political atmosphere in Kafuristan which is discouraging to Majatran participation in the political process. However, before I delve any further into the real contentions at issue, I would like to address Appellant's lack of candor for the Tribunal. A recusal can occur either in the discretion of the tribunal or if the party seeking recusal has presented clear and convincing evidence that would lend to the tribunal's inability to act with impartiality and bias. I find it terribly lacking in candor that the attorney for Appellant would engage in stereotyping and assume that simply because I am of Channese origin and share a last name, and while yes I am a distance cousin of many Channs, that I am unable of making an impartial judgment. If there was a Majatran in my place who happens to share the last name of a distance Majatran cousin, would the same argument by a Channese stand up in a court of law? I state here and now that this is a court of law - not a court of politics. It is a court for reasoned arguments, not mere conspiracy. It is a court where candor is required toward the tribunal. If Appellant cares to look at the legislative history prior to the increase in the Ministry of Justice's budget, he will find that the Senate has recently passed the Judicial Branch Reforms Act of 3944 (http://classic.particracy.net/viewbill.php?billid=454790) whereby the court system has been split into regional courts and national courts. The increase in the Judicial Branch's budget was in direct relation to the need to build and provide administration for a greater number of courts. To show that a tribunal must recuse himself, the party seeking recusal must prove with clear and convincing evidence that the tribunal will not be able to decide a case impartially and without bias. Now to the issues at hand. I. Disenfranchisement I am faced with a daunting task, as there is little precedent to aid in my determining of what role the Ministerial Court has in addressing an issue involving disenfranchisement. Appellant has argued that two pieces of legislation have resulted in the disenfranchisement of native Majatrans. The Chann Immigration Reform and Overhaul Act (Immigration Act) and the Language Curriculum and Mandate Act (Language Act). Appellant argues that both laws in conjunction have served to disenfranchise Majatrans, who constitute 55% of Kafuristan's population, while giving preference to Channese by adopting Solentian as the official language for Governmental affairs and education. I am inclined to agree. Prima Facie (ooc: on its face - i.e. looking at the plaint text alone), the section pertaining to passing a qualifying exam as a condition of citizenship for ALL citizens, whether they have been born here or have immigrated here, is unconstitutional. Those born in this nation, regardless of their race or national origin, are citizens of this nation and should not be subjected to an exam in order to prove so. The Government's attempt to caste this as an as-applied challenge, rather than a facial challenge, is wholly incorrect. The law, on its face, does not state that it does not apply to native born Kafuris. Therefore, I must strike it down as unconstitutional. If the Government wishes to allow immigrants to to qualify for citizenship after taking an exam, then it must draft a separate law detailing that immigrants and immigrants only are to take an exam to gain citizenship. Now, I hold that persons born within the nation or to Kafuri parents, whether within the nation or overseas, prior to and henceforth from this holding shall be considered citizens . However, because there are a good number of immigrants who have already gained citizenship by passing the exam, this holding is not to be construed as to nullifying their citizenship as doing so would be counter to public policy and would result in undue hardship. With regard to the Language & Curriculum Act, I strike only that portion which states "shall be the official language for the Government in all of its affairs," leaving in tact the mandate for Solentian to be used in educating the populace. If indeed the Government's position that the Spirit of the Law is to promote a multilingual language, then the Government shall conduct its affairs in a multilingual fashion. If the Government can prove without a doubt that the majority of Kafuris speak Solentian, then perhaps it can reinstate the language. But as of now, there is no clear evidence and no statistics on what Kafuris speak. I only see before me statistics categorizing kafuris by race - not language. II. UNDUE INFLUENCE IN ELECTIONS Appellant argues that the Chann government has engaged in creating a climate of fear which represses voter turnout. But I am hard pressed to see how the voter turnout has been affected, given that voter turnout throughout Kafuristan history has been low. The largest turnout within the last century or so was in 3835, with a turn out of 76% (http://classic.particracy.net/viewnews.php?newsid=458698). In 3841, that dropped to 53% (http://classic.particracy.net/viewnews.php?newsid=459981). In 3846, that number dropped to 16% (http://classic.particracy.net/viewnews.php?newsid=460927). Again in 3852, that number jumped to 71%. In 3858, 16% (http://classic.particracy.net/viewnews.php?newsid=463694). In 3871, 16%. In 3872, 17% (http://classic.particracy.net/viewnews.php?newsid=467145). In 3887, 16 % (http://classic.particracy.net/viewnews.php?newsid=470506). In 3903, 15% (http://classic.particracy.net/viewnews.php?newsid=474045). In 3908, 15% (http://classic.particracy.net/viewnews.php?newsid=475323). In 1913, 15% (http://classic.particracy.net/viewnews.php?newsid=476528). When the Chann's first came to power in 3931, before the Immigration and Language Act, voter turnout remained much the same, with 16% voting in elections (http://classic.particracy.net/viewnews.php?newsid=480804). In fact, there has been larger turnout on average since the Chann's came to power then prior. A 31% turnout compared to the history of turnout under non-Chann government seems to prove the opposite of Appelant's argument. We do find however that the Chann Dragon Assassins, as the exist now as a paramilitary force, is illegal. The Chann Government is either ordered to disband the units or integrate into the Kafuristan army. Finally, we say that perhaps the voter turnout is not the result of an undue influence, as it is the manner in which the votes are apportioned. As is stated in the statute with regard to The method used to determine the number of seats each region receives in the national legislature, the apportionment is decided by a proportional algorithm that gives a very small advantage to larger regions. Perhaps Appellant should look at this to determine whether moving forward with a change in how seats in the senate are apportioned is a better route then to claim conspiracy. III. HOLDINGS In closing, I hold that a party seeking recusal of a tribunal must show clear and convincing evidence that the tribunal cannot decide the case impartially or without bias. I hold that the qualifying exams law is unconstitutional and that those born in Kafuristan or to Kafuri parents are deemed citizens of Kafuristan in the eyes of this Court. In addition, those who have passed the exam prior to this holding are still considered citizens. I hold that the language establishing Solentian as the official language for the Government in all its affairs, leaving in tact education language, is contrary to the spirit of the Law and is against public policy given the lack of statistics about language in Kafuristan (there is only categorization by race, not language, as in other nations). Finally, I hold that the Chann Government either disband or integrate the Chann Dragon Assassins into the Kafuristan Army and subject to overall government and public oversight. |
Proposals
Debate
These messages have been posted to debate on this bill:
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| Vote | Seats | |||
| yes |
Total Seats: 93 | |||
| no | Total Seats: 0 | |||
| abstain |
Total Seats: 7 |
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