Table of Contents
High Court v. National Assembly: Persona non grata
This case shall be known as High Court v. National Assembly: Persona non grata
The case's reference code shall be KHC:2023-01
- On 1st Unomar 21 IY the National Assembly at the request of the Emperor passed into law the Persona non grata statute, or KCN-2023-01
- The statute excludes certain nations from preemptive diplomacy by the Dominion
- Section §1d calls for exclusion due to “notorious deeds of misconduct against other nations”
- Section §1d calls for the exclusion of the following nations:
I. People's Front of Zeprana II. Kingdom of Zeprana III. Republic of Zeprana IV. Federal Republic of Zeprana V. United Commonwealth of Zeprana VI. Federal States of Arcadia VII. Grand Principality of Arcadia VIII. Second Republic of Kamore IX. Self-Governing States of Zeprania A. Runnmede B. Pearlocha C. Sharlino D. Yaspastine
Under constitutional authority granted by Title VIII, Article 2 the High Court has found section §1d unconstitutional.
- The rational for §1d's exclusion is dubious at best because it does not declare which nations the alleged misconduct took place against. Because of this,
- those nations are not officially recognized Dominion nations, which excludes them from the purview of the National Assembly.
- Had such nations been Dominion recognized, such as in section §1b (Republic of Molossia & Westarctica) and §1c (Kingdom of Salanda), such a law would be constitutional.
- The High Court further objects to banning diplomatic communications with nations the Dominion has not directly interacted with.
- The Emperor is granted authority in matters of foreign relations under Constitutional Title III, Article 7; but
- Title 5 Article 5 trumps that authority
- By prohibiting diplomacy before any communication has taken place, the Dominion is essentially declaring a crime before one has been committed.
- While similar, the Dominion does have a right in the cases of §1b and §1c, as described in §1b of this finding.
- Nihil Obstat is revoked from KCN-2023-01 until the statue is brought into compliance.
- §1d shall be removed from the statue effective immediately.
- The Emperor is hereby warned to err on the side of caution and moderation when emergency situations arise.
This case is closed as of 2nd Unomar 21 IY