Salaxalans
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Bow Before the Almighty Potato
Delegate
Posts: 318
Likes: 56
Nation: The Salaxalans
Discord ID: Salaxalans#6003
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Post by Salaxalans on Feb 27, 2021 0:37:19 GMT -5
Advisory Opinion Request Form1. Name of Petitioner: The Salaxalans 2. Question(s) for the Court: Recently Spiritus joined the Partnership for Sovereignty. The Charter for the organization states, in section II.1.: "Each member region may appoint a delegation to participate in private discussions about voting with other member regions of the Partnership for Sovereignty." My question is, given how World Assembly and Foreign Affairs authority are split between the Delegate and the Chief Executive, respectively, who gets to appoint said delegation?
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Rogamark
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Chief Executive
Posts: 735
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Gender: Male
Discord ID: Rogamark#1427
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Post by Rogamark on Feb 27, 2021 4:02:01 GMT -5
Before I decide what to do with that request, I'm inviting the Attorney General (and Petitioner, if he wants to) to briefly address the Court on the question whether it has jurisdiction to interpret the terms of a treaty under the Judiciary Amendment and/or the Judiciary Act.
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TimS
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Citizen
Posts: 219
Likes: 23
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Post by TimS on Feb 27, 2021 18:00:04 GMT -5
Brief for Spiritus as Amicus Curiae Section one of the Judiciary Amendment gives this Court the power to interpret "any and all laws and regulations of Spiritus." The Judiciary Act allows the Court " in addition to the jurisdiction vested in the Court by the Constitution and other statutory law" (emphasis added) to issue "non-binding advisory opinions without the force of law requested by any citizen of Spiritus." The first, more general, question is whether the Court has the jurisdiction to interpret the terms of a treaty. A treaty, on its own, is not itself a law as would normally be passed under the Constitution, but it does require the approval of both the Legislature and the Executive similar to a law. Further, a treaty can, as the one in question did, grant a power to the Government similar to a law. It is potentially believable that a power or restriction that a treaty places on the Government could fall into the category of law or regulation that this Court can interpret, but a full and detailed answer to this question may need to wait until a clearer situation arises. Here, a non-binding advisory opinion is being requested. This power is separate from this Court's ability to interpret the laws and regulations of Spiritus. The Court is acting as essentially as a formal advice-giver and in this capacity it can give its opinion on any question presented to it. In short, the Court is fully able to look at a treaty agreed to by the Government of Spiritus and give its opinion on what a part of it means for the region. Timothy Snyder Attorney General of Spiritus
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Rogamark
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Chief Executive
Posts: 735
Likes: 73
Gender: Male
Discord ID: Rogamark#1427
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Post by Rogamark on Feb 27, 2021 18:35:03 GMT -5
I thank the Attorney General for his very helpful brief. The request as presented is GRANTED, and I will now meditate on how best to proceed.
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Rogamark
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Chief Executive
Posts: 735
Likes: 73
Gender: Male
Discord ID: Rogamark#1427
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Post by Rogamark on Mar 3, 2021 21:33:31 GMT -5
Assigned to the full Court, the Chief Justice presiding.
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