khc:2024-03
Table of Contents
High Court v. Emperor Keith: Elections
This case shall be known as High Court v. Emperor Keith: Elections
The case's reference code shall be KHC:2024-03
Facts
- On 25th Tresmar 22 IY the Emperor with approval from the Chancellory dissolved the National Assembly using powers granted under the Constitution in Title VII Article 9
- Title VII Article 9 calls for a special election with-in a month should the Emperor dissolve the National Assembly
- The Emperor has called for a special election with-in the end of the week, leaving only 4 days to prep for such election
- There is no legislation in the event of a dissolution that states the minimum timing of a special election
- No legislative or constitutional authority allows the Emperor to set the timing of a special election
- There currently is no National Assembly to pass legislation
- Title II Article 4 assures the separation of the legislative branch from the other branches
Findings
Under constitutional authority granted by Title VIII, Article 2 the High Court has found the Emperor's call for a special election constitutional.
- There is no constitutional or legislative provision which stipulates an election cannot be held sooner if a with-in date is only given
- The Emperor does not have the direct authority to set the timing of an election nor pass bills into law, but does have the authority to create bills using the Imprimatur process
- Without a National Assembly, the Emperor is the only remaining position in the legislative process
- The High Court does not have the authority to legislate from the bench
- An unanswered legal authority question such as this is best solved with new legislation, which cannot occur without a National Assembly
- A quick and speedy election allows for a new National Assembly to pass such legislation
Ruling
- The special election shall occur by the end of the week as ordered by the Emperor
- The new National Assembly, once elected, shall pass legislation which covers:
- the minimum timing to a dissolution special election
- the Emperor's authority to set or not set the timing of such an election
- a process for succession of legislative powers should a dissolution occur
Adjournment
This case is closed as of 26th Tresmar 22 IY
khc/2024-03.txt · Last modified: 2024/03/26 13:13 by keith