Reference re inquiry by Ministry of Justice dated 13 May 2021
SUPREME COURT OF THE EMPIRE OF IUSTUS
CITATION: Reference re inquiry by Ministry of Justice dated 13 May 2021
DATE: 17 MAY 2021
IN THE MATTER OF a Reference relating to an inquiry given by Rachel Burklandssen on behalf of the Ministry of Justice relating to changes to the Iustus Armed Forces, the Ministry of Immigration and Tourism, as well as the Ministry of Foreign Affairs.
BACKGROUND
On 13 May 2021, 1:27 AM Eastern Daylight Time, the Supreme Court received a message from Rachel Burklandssen on behalf of the Ministry of Justice (842271721575022593). In the message, Burklandssen wrote:
“To the Supreme Court from the Minister of Justice: In accordance with Iustus proceeding to join Sentallares, I strongly advice that you abolish the Ministry of Foreign Affairs and the Iustian Armed Forces; reform the Ministry of Immigration and Tourism to the Ministry of Tourism (which could later be absorbed into the Ministry of the Interior), and transform the National Guard into a State Guard. The Ministry of Justice believes these steps are necessary to not interfere with Sentallares sovereignty.”
This request relates to various laws, specifically: The Ministry of Foreign Affairs and Ministry of Immigration and Tourism are under Section X, Article 5, as well as Section X, Article 6 of the Constitution of Iustus; The Iustian Armed Forces are under the Iustian Armed Force Act, 2020; Matters relating to Sentallares are listed under §2, Article 2 of the Sentallares Act, 2021. This act is reinforced with the Directive on Confederation referendum, held on 12 March 2021, with the results of 83% yes and 16% no.
OPINION OF THE COURT
| Majority | LYCON, join by XIA |
|---|
The Supreme Court hereby rejects this request on the holding of:
“The Amending Clauses of the Constitution of Iustus relating to the document itself, as well as to Acts of Parliaments prohibits the Supreme Court of Iustus to fulfill such a request. It is clear that there is much time until the establishment of the Empire of Sentallares, with a referendum happening on 8 June 2021 in the Confederation of El Dorado and the Parliament of Iustus still planned to assemble in the near future. Inquiry is rejected.”
The opinion is written by Jayden Lycon and was agreed by Matthew Xia.
Reason 1: Pursuant to Section II, Article 4, of the Constitution of Iustus, the Court does not have the power to fulfill a request abolishing ministries affected.
As matters relating to the Ministry of Foreign Affairs and the Ministry of Immigration and Tourism are outlined under Section X, Article 5:
“The Cabinet will have five Government Ministers which shall be known as: the Minister of foreign Affairs, the Chancellor, the Minister of the Interior, the Minister of Immigration and Tourism, the Minister of Justice.”
...as well as Section X, Article 6:
“The five Government Ministries shall be known as: the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of the Interior, the Ministry of Immigration and Tourism, and the Ministry of Justice.:”
...of the Constitution of Iustus. As such, it will require an amendment. Matters relating to amending the aforementioned document are stated in Section II, Article 4 of the Constitution of Iustus. This states as follows:
“This Constitution shall not be amended, edited, or suspended in any way except by consent of the Monarch and over 55% of the House of Representatives. In the case of an absolute emergency the Monarch shall make changes to the Constitution deemed necessary that shall be reversed once crisis is over.”
No emergency has been declared by the Monarch. Noting that H.R.M. Austin Jaax stated that a Sentallares referendum for the Confederation of El Dorado is planned for 8 June 2021, we do not personally deem such emergency is warranted.
Reason 2: Pursuant to Section VIII, Article 4, of the Constitution of Iustus, the Court does not have the power to repeal the Iustus Armed Force Act, 2020.
As matters relating to the Iustus Armed Forces are mandated through the Iustus Armed Force Act, 2020. Repealing it is under Section VIII, Article 4, which states:
“Acts of Parliament may not be amended, or repealed except by other Acts of Parliament.”
Parliament has failed to pass an act relating to the repealment and/or amendment of the Iustus Armed Force Act, 2020.
Reason 3: §2, Article 2 of the Sentallares Act is not considered enforced.
Matters relating to Sentallares are listed under §2, Article 2 of the Sentallares Act, 2021. Said article states:
“Any government structure, cabinet position, or parcel issued by the national government that contradicts or interferes with the sovereignty of the Empire of Sentallares shall hereby either cease to exist upon ascension or shall be reformed as per the Sentallarean constitution.”
The Government of the Empire of Iustus, the Government of the Principality of Posaf, and the Government of El Dorado have not yet presented a constitution for the proposed Empire of Sentallares. The Constitution of Iustus is still considered the constituting instrument for the Empire of Iustus. The Empire of Iustus has not joined the Empire of Sentallares. As such, the court does not deem that the current state of the Empire of Iustus fulfills “upon ascension or shall be reformed as per the Sentallarean constitution”.
Reason 4: The Parliament of Iustus can still propose a bill relating to the inquiry.
On 12 May 2021, the Emperor, H.R.M. Austin Jaax, added an agenda to Parliament. The agenda stated:
“Motion 1.3 Northern Aenderia bill”
This agenda means that the Parliament of Iustus is still operating. The request to abolish the ministries and armed forces institutions can still constitutionally be done through the legislature.
RESOURCES CITED
- Section X, Article 5, Constitution of Iustus
- Section X, Article 6, Constitution of Iustus
- Section VIII, Article 4, Constitution of Iustus
- §2, Article 2, Sentallares Act, 2021
- Message sent on 12 May 2021 by Austin Jaax on “Empire of Iustus”
- ID 842098215885078578
- Message sent on 10 May 2021 by Austin Jaax on private direct messages to Jayden Lycon
- ID 841469243265777725
- Message sent on 28 April 2021 by Nicolás Millán on “El Dorado National Server”
- ID 836917639019364372
WE THE UNDERSIGNED HEREBY AGREE ON BEHALF OF THE SUPREME COURT OF THE EMPIRE OF IUSTUS THE OPINION WRITTEN IN THIS DOCUMENT.
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File:Screenshot 397.jpg |
| Sir Jayden Lycon
Chief Justice 17 May 2021 |
Matthew Xia
Associate Justice 17 May 2021 |
