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Bill: MINISTERIAL HIGH COURT: VICTOR CHANN v. ANNA ALOREEN, in her capacity as Governor of the Chann Republic of Kafuristan, 3986 M.H.C. 1.

Details

Submitted by[?]: Chann National Party (CNP)

Status[?]: defeated

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 4080

Description[?]:

SUMMARY: This case is brought on appeal to the MINISTERIAL COURT contesting the soundness of the Court's holding in SAMARA v. CHANN, 3945 M.C. 1 (http://classic.particracy.net/viewbill.php?billid=454979).

ISSUES PRESENTED:

(1) Whether the Court in SAMARA v. CHANN erred in holding that the law granting citizenship after passing a qualifying exam was unconstitutional.

JUDGE PRESIDING:

Sok Chann, Minister of Justice and Chief Justice of the Ministerial Court

ORDER OF PROCEEDINGS:

(Wait for Prompt by Chief Justice to begin argument)

I. Opening by Chief Justice
II. Appellants Argument
III. Respondents Argument
IV. Closing by Chief Justice
V. Decision Published

Proposals

Debate

These messages have been posted to debate on this bill:

Date19:10:03, February 20, 2016 CET
FromChann National Party (CNP)
ToDebating the MINISTERIAL HIGH COURT: VICTOR CHANN v. ANNA ALOREEN, in her capacity as Governor of the Chann Republic of Kafuristan, 3986 M.H.C. 1.
MessageCHIEF JUSTICE SOK CHANN:

We have now before us a case which challenges the 3945 ruling of this Court, 3945 M.H.C. on the unconstitutionality of the qualifying exams provision in the Chann Immigration Reform & Overhaul Act of 3932 (http://classic.particracy.net/viewbill.php?billid=452252).

Attorney for Appellant Chann, you may proceed with your oral argument.

Date19:21:37, February 20, 2016 CET
FromChann National Party (CNP)
ToDebating the MINISTERIAL HIGH COURT: VICTOR CHANN v. ANNA ALOREEN, in her capacity as Governor of the Chann Republic of Kafuristan, 3986 M.H.C. 1.
MessageATTORNEY FOR APPELLANT, VICTOR CHANN:

Thank you, your honor. Over fifty ago, the Chann Government passed the Chann Immigration Reform & Overhaul Act of 3932 ("Act"). Among other things, the Act provided that citizenship would be gained by passing a qualifying exam and that multiple citizenship is allowed. The intent of this law was to begin to thaw and open the doors of Kafuristan to immigrants, although namely this bill was aimed toward benefiting those of Gao-Showan nationality. However, this mechanism was employed because the Chann Government believed citizenship would be more readily available to all who sought it.

However, the Court there accepted the argument that the qualifying exam provision was unconstitutional in that it disenfranchised whole swaths of majatrans and native born Kafuris who could not pass the exam and thus did not meet the citizenship requirement in order to vote.

We argue that the Court in that instance overstepped its constitutional bounds in determining that a game mechanic law was unconstitutional. By doing so, the Court engaged in judicial lawmaking in nullifying that provision. In other words, the Court waded into the area of legislative action, declared something constitutional unconstitutional, and thus created its own RP Law contradictory to the game mechanic law.

In the Common Law, this is clearly unconstitutional. Article 22, clause 3, section 2, states that an RP Law which contradicts a game mechanic law is considered null and void. This is the undelrying basis of our case.

I yield the rest of my time.

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