REQUEST FOR JUDICIAL REVIEW - DANGEROUS DRUGS ORDINANCE, 1813

[Stevie 1597]

    REQUEST FOR JUDICIAL REVIEW

    CHESTER BURWELL PULLER

    As Represented by GEOFF TURGON

     

    DESIRES TO SEE THE LEGAL CONTEXT OF THE FOLLOWING REVIEWED:

    The Dangerous Drugs Ordinance, 1813

“BE IT ENACTED, that all hallucination or personality affecting drugs for recreational use are to be considered illegal substances for the purpose of O.R.C. CH 204.04 and, therefore, they are prohibited in the Holy Orenian Empire. “ 

     

“BE IT ENACTED, that violators of this Ordinance shall be charged with Contraband (O.R.C. 204.04).”

 

     

    ON THE BASIS OF THE FOLLOWING PRINCIPLE(S), DOCTRINE(S), EDICT(S) OR ARTICLES OF LAW:

   

601.04 - On the Rights and Obligations of the Solicitor-General 

601.04A - The duty to develop and maintain the system of Imperial Courts, and to safeguard and uphold the proper and fair application of the law across the country and in its judicial system.

601.04B - The duty to draft laws, both civil and criminal, for consideration by the Crown. 

 

601.02 - On the Rights and Obligations of the Archchancellor 

601.02H - The power to unilaterally issue edicts and decrees provided they remain consistent with the jurisdiction of the office as enumerated by the relevant instruments of government.

Section I of The Foreign Trade and Cacti Prohibition Act, 1751

On the Prohibition of Foreign Tobacco and Cacti     

The import, sale, possession, and consumption of foreign grown and/or produced tobacco and cacti are hereby prohibited. Those found in noncompliance shall be charged with a Class I Class E (Basrid Amendment 1751) offence (see Title I).

 

 

---

 

The arguments presented by this party is summarized below:

1. The Solicitor-General does not have the authority to interpret the law. He has the authority to uphold the law. 

2. The Solicitor-General does not have the authority to enact legislation, only draft for consideration by crown. 

3. The Solicitor-General in this edict has circumvented both the legislative houses and the courts. 

4. The Archchancellor's signature does not legitimize this, his seal upholds Edicts by the various Ministries if they are acting within their means. The MoJ is not, therefore the Archchancellor's seal does not uphold their Edict. 

5. The Archchancellor only assumes the duties of the crown if no proxy for the Emperor is available. Prince Regent John was available.

6. The Foreign Trade and Cacti Prohibition Act only prohibits foreign grown tobacco and cacti. This is the only defined contraband and it was defined by the Imperial Diet, not the Ministry of Justice.

 

It is the opinion of this party that the Ministry of Justice, in enacting the Dangerous Drugs Ordinance, have unlawfully gone beyond the authorities and responsibilities issued to the Solicitor-General. The Solicitor-General’s duty is to safeguard and uphold the proper and fair application of the law, not create his own. It is his duty to also draft laws for consideration by the Crown, not to create his own. The lack of a proper definition on Contraband (204.04 O.R.C.) does not give the Solicitor-General the authority to define it himself. His chief duties are to uphold the law, not define it. The definition and passage of laws is left to the legislature, i.e. the Imperial Diet. 

The Dangerous Drugs Ordinance directly contradicts the Prohibition of Foreign Tobacco and Cacti Act of 1751, wherein it outlines what substances are considered contraband. The law specifically cites that the only tobacco or cacti products that shall be outlawed are those that are imported beyond our borders. The Ministry of Justice has been using the Dangerous Drugs Ordinance to confiscate drugs and arrest their possessors indiscriminately, in direct conflict of the law passed by the Imperial Diet and assented by the Crown. 

Furthermore, the Archchancellor’s signature to the Ordinance may be thought of as a way to provide validity to the Ordinance, but it in fact is also another unlawful overstepping of authority issued to the Archchancellor. The jurisdiction of the office, in this case the Ministry of Justice, is not afforded the ability to create laws in the absence of clearly defined laws. That jurisdiction is afforded to the aforementioned legislature. The Archchancellor’s signature therefore bears no significance or validity to the Ordinance, because it was not done through the relevant instrument of government (the Imperial Diet).

Lastly, while the incapacitation of Emperor Joseph II does give the authority of the Crown to the Archchancellor (601.02B), His Imperial Majesty appointed Prince John Charles as his regent, granting John Charles the authority to act as the Crown in the Emperor’s absence, therefore providing no further authority to the Archchancellor.

 

To deny the legislature their duty is to ignore the system of government we champion and take pride in, and to allow the Solicitor-General or anyone else to dictate the law and interpret it at their own will is a further threat to the representative and egalitarian systems this Empire has binded itself to by law.

 

YOURS HUMBLY,

C.B. Puller

Geoff Turgon, Legal Counsel

 

[Shmeepicus 454]

"Can we make this class-action?" Queried Caspian as he heard of the lawsuit.

[TheIchorDruid 976]

A Lady Gwynevere sneers at the contents of the lawsuit, evidently finding clear enjoyment at the incompetence of the Solicitor-General, a digit lofting to rid a singular tear that rolled down her cheek - her ringing laughter remaining. "G-Godan, how my poor papa would writhe in his grave, knowing that his hard works and efforts as Solicitor General was for naught. Simply to see it fall in the palm of a mule -- Godan help the MoJ."

[Valecius 76]

5 hours ago, TheIchorDruid said:

A Lady Gwynevere sneers at the contents of the lawsuit, evidently finding clear enjoyment at the incompetence of the Solicitor-General, a digit lofting to rid a singular tear that rolled down her cheek - her ringing laughter remaining. "G-Godan, how my poor papa would writhe in his grave, knowing that his hard works and efforts as Solicitor General was for naught. Simply to see it fall in the palm of a mule -- Godan help the MoJ."

Valent would hear about the about the judicial review against the MoJ and the SG - as the people who consume and make profit through the substances would cheer and spread hatred towards his excellency. "Well I've served under four SG's - there's not single one who was better than Charles Galbraith, the worse one was Ophelia van Wick's and her employees who didn't even care enough to educate new Law Clerks, as that happened to me!" Sighs the Attorney General.

[Moochael 727]

Perry just wants to give away Cactus Green brownies in peace.

[Basil Moroul 2059]

"If this turns out to be true then all those arrested or set upon by the MoJ deserve compensation and all those forced to pay fines to the MoJ ought to take the them to court for their hard earned mina back." remarked Basil.