Ruling of the Court of the North Pacific
In regards to the Judicial Inquiry filed by Mahaj on the Limitations set by the Council of 5 in regards to World Assembly Voting
The Court took into consideration the Inquiry filed here by Mahaj.
The Court took into consideration the Relevant sections of the Bill of Rights of the North Pacific:
The Court took the following into consideration:3. Participation in the governmental authorities of the region is voluntary. Participation in the World Assembly shall not be a condition of participation in the governmental authorities of the region.
9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of the Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.
10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.
The Bill of Rights allows for equal and fair protection of any nation of the North Pacific under the terms and provisions of the Constitution as well as stipulating that World Assembly participation shall not be a condition for participation in the government authorities of the region. The Bill of Rights also protects a nations right to vote in any manner under the fundamental laws of the region.
Before making a decision the Court had to answer the following questions:
- Is the Delegate voting in the World Assembly a "government authority"?
- Is voting in the World Assembly protected under the "fundamental laws" of the region?
In response to the above questions the Court has determined the following:
As to the first question, The Delegate and all elected or appointed officials are Government Authorities however the Delegate's vote in the World Assembly is not and shall not be considered a "government authority". It is the belief of the Court that Clause 3 of the Bill of Rights was meant to allow a nation to serve in the Government without having a World Assembly nation in the Region and does not protect a nations right to determine the Delegate's World Assembly Vote.
As to the second question, The Court reviewed the Constitution and Legal Code and came to a conclusion there is no law whatsoever dictating how the Delegate must vote in World Assembly matters.
The Court therefore opines the following:
The law enacted by the Council of 5 does not break a nations rights or any law as set out by the Bill of Rights, Constitution and/or Legal Code. The right to vote in World Assembly matters is not protected under any provision in the Bill of Rights, Constitution, or Legal Code. Therefore the Council of 5 was not in violation of a nations rights under the legal documents of the North Pacific.
Ruling delivered on 25 September 2012.