khc:2024-03
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| khc:2024-03 [2024/03/26 13:00] – [Facts] keith | khc:2024-03 [2024/03/26 13:13] (current) – [Facts] keith | ||
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| - 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 | - 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 | - Title VII Article 9 calls for a special election with-in a month should the Emperor dissolve the National Assembly | ||
| - | - No legislative or constitutional authority allows the Emperor to set the timing of a special election | ||
| - The Emperor has called for a special election with-in the end of the week, leaving only 4 days to prep for such election | - 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 | - 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 | - There currently is no National Assembly to pass legislation | ||
| - Title II Article 4 assures the separation of the legislative branch from the other branches | - Title II Article 4 assures the separation of the legislative branch from the other branches | ||
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| - There is no constitutional or legislative provision which stipulates an election cannot be held sooner if a with-in date is only given | - 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 | - 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, | - An unanswered legal authority question such as this is best solved with new legislation, | ||
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| ===== Ruling ===== | ===== Ruling ===== | ||
| - The special election shall occur by the end of the week as ordered by the Emperor | - 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 a dissolution special election | + | - The new National Assembly, once elected, shall pass legislation which covers: |
| + | - the minimum timing to a dissolution special election | ||
| + | - the Emperor' | ||
| + | - a process for succession of legislative powers should a dissolution occur | ||
| ===== Adjournment ===== | ===== Adjournment ===== | ||
| + | This case is closed as of 26th Tresmar 22 IY | ||
khc/2024-03.1711458014.txt.gz · Last modified: 2024/03/26 13:00 by keith