Request for Review

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Request for Review; Constitutionality of Pre-Constitutional Treaties
Tweet Topic Started: Jul 13 2015, 08:31 AM (559 Views)
Cormac	Jul 13 2015, 08:31 AM Post #1
Lazarene Posts: 398 Group: Members Member #9 Joined: Apr 8, 2015 Alignment Chaotic Neutral Military Stance Raider Political Views Independent Nation in Lazarus Cormactopia II Skype cormac.ns Discord Cormac#9408	Honorable Judges of the Grand Court: I am petitioning the Court for a constitutionality review of treaties carried over from the People's Republic of Lazarus. Article III, 3 of the Constitution specifies that "[t]he Grand Assembly may ratify or repeal treaties with foreign powers negotiated by the executive by a simple majority vote, unless the treaty specifies its method of termination." In the case of the FRA Charter, as well as all other treaties excepting the Bethany Accords and the Lazarus-Osiris Non-Aggression Pact, the Assembly has not ratified these treaties. They were instead continued from the People's Republic of Lazarus, ratified by the elected, representative People's Congress established by Mandate 8. The Constitution makes no provision for the continuation of treaties from the People's Republic of Lazarus, and in fact no mention of the PRL, previous laws, previous treaties, or previous governments at all. My questions for review are therefore as follows: 1. Is it constitutional for treaties to be carried over from the People's Republic of Lazarus without a ratification vote in the Assembly? 2. Are the treaties listed as "active treaties" that have not been subject to a ratification vote in the Assembly currently in force? I thank the Grand Court for its time. Edited by Cormac, Jul 13 2015, 08:33 AM.

Replies:
Powthran	Jul 28 2015, 02:05 AM Post #21
Lazarene Posts: 523 Group: Members Member #103 Joined: Apr 22, 2015 Alignment Lawful Neutral Military Stance Uninterested Political Views Conservative Nation in Lazarus Powthran	Just to reinforce what Belschaft said, this definitely seems like busy work, but it is in the best interest to uphold the Constitution. We wanted democracy, and this is it. Sometimes there can be a lot time consuming voting. This may amount to rubberstamping, but it is the voters' right to do so, not the Court's.



The Silver Sentinel	Jul 28 2015, 11:55 AM Post #22
Lazarene Posts: 53 Group: Members Member #177 Joined: Jul 5, 2015	Belschaft Jul 25 2015, 06:25 PM As such, The Court recommends that all treaties established under The Peoples Republic be brought immediately before The Assembly for ratification. - Justice Belschaft - Justice Powthran Your honors, Given that this is merely a recommendation, I see no reason why the new Delegate needs to abide by it. Most of those regions were the allies who helped liberate Lazarus from the NPO, and I believe maintaining those embassies is the only way to show proper credence to those regions which helped the citizens of Lazarus regain their homeland. I am all for voting on new embassies in the future, but our current embassies should remain. /bow



Kazmr	Jul 28 2015, 03:07 PM Post #23
Lazarene Posts: 987 Group: Members Member #85 Joined: Apr 22, 2015 Alignment Lawful Good Military Stance Neutral	Unless I'm mistaken, its not that they'recommend' invalidating the treaties, the paragraphs before say they already are. Its them making a friendly recommendation at the end that we do in fact go through with the process (and not, I assume, just leave it hanging).



Guy	Jul 28 2015, 03:19 PM Post #24
Lazarene Posts: 43 Group: Members Member #40 Joined: Apr 10, 2015	The Silver Sentinel Jul 28 2015, 11:55 AM Belschaft Jul 25 2015, 06:25 PM As such, The Court recommends that all treaties established under The Peoples Republic be brought immediately before The Assembly for ratification. - Justice Belschaft - Justice Powthran Your honors, Given that this is merely a recommendation, I see no reason why the new Delegate needs to abide by it. Most of those regions were the allies who helped liberate Lazarus from the NPO, and I believe maintaining those embassies is the only way to show proper credence to those regions which helped the citizens of Lazarus regain their homeland. I am all for voting on new embassies in the future, but our current embassies should remain. /bow The effect of the Court's opinion is that Lazarus is no longer a party to those Treaties, the ratification thereof being ineffective. Hence following the recommendation, as misplaced as it is (a classic example of judicial overreach), is the only way to maintain the status quo. Edited by Guy, Jul 28 2015, 03:19 PM.



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