Public Discussion on the Supreme Court Cases (Avoid Cluttering Case Threads) (user search)
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  Public Discussion on the Supreme Court Cases (Avoid Cluttering Case Threads) (search mode)
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Author Topic: Public Discussion on the Supreme Court Cases (Avoid Cluttering Case Threads)  (Read 72048 times)
Deep Dixieland Senator, Muad'dib (OSR MSR)
Muaddib
Sr. Member
****
Posts: 3,054
Australia


« on: April 15, 2020, 09:29:37 PM »

Preambles have had an effect over law in other jurisdictions. The preamble to Australia's constitution is an act of the British Parliament creating the Commonwealth. It literally established the creation of national self government. How is this relevant to Atlasia? It's just a relevant as Truman's citation of the legal impact of the preamble to the USA's constitution. US Law isn't Atlasian law anymore than Australian law is Atlasian law.

If preambles are so meaningless why did you vote in favor of a meaningless change?



Quote from: Preamble to the Constitution of Australia
An Act to constitute the Commonwealth of Australia
[9th July 1900]

WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:

And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Short title
This Act may be cited as the Commonwealth of Australia Constitution Act.

2. Act to extend to the Queen's successors
The provisions of this Act referring to the Queen shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom.

3. Proclamation of Commonwealth
It shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Australia, shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia. But the Queen may, at any time after the proclamation, appoint a Governor-General for the Commonwealth.

4. Commencement of Act
The Commonwealth shall be established, and the Constitution of the Commonwealth shall take effect, on and after the day so appointed. But the Parliaments of the several colonies may at any time after the passing of this Act make any such laws, to come into operation on the day so appointed, as they might have made if the Constitution had taken effect at the passing of this Act.

5. Operation of the Constitution and laws
This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth.

6. Definitions
The Commonwealth shall mean the Commonwealth of Australia as established under this Act.

The States shall mean such of the colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western Australia, and South Australia, including the northern territory of South Australia, as for the time being are parts of the Commonwealth, and such colonies or territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called a State.

Original States shall mean such States as are parts of the Commonwealth at its establishment.

7. Repeal of Federal Council Act
The Federal Council of Australasia Act, 1885, is hereby repealed, but so as not to affect any laws passed by the Federal Council of Australasia and in force at the establishment of the Commonwealth.

Any such law may be repealed as to any State by the Parliament of the Commonwealth, or as to any colony not being a State by the Parliament thereof.

8. Application of Colonial Boundaries Act
After the passing of this Act the Colonial Boundaries Act, 1895, shall not apply to any colony which becomes a State of the Commonwealth; but the Commonwealth shall be taken to be a self-governing colony for the purposes of that Act.

9. Constitution
The Constitution of the Commonwealth shall be as follows:
Source: Australian Parliament House website



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Deep Dixieland Senator, Muad'dib (OSR MSR)
Muaddib
Sr. Member
****
Posts: 3,054
Australia


« Reply #1 on: November 08, 2022, 01:13:23 AM »

Supreme Court of Atlasia
Nyman, DC
Dwarven Dragon vs the South

Opinion of the Court.

(Chief Justice Windjammer delivered the opinion of the Court)
After consideration of the submitted briefs and the facts of the case, the Court has come to a unanimous decision.
It’s the opinion of the Supreme Court "Promoting Holy Courts Act" relies explicitly on religious references (for example, « pursuant to leviticus ») and can not be implemented without it. Thus, it is a clear violation of the following clause of the Atlasian Constitution :
Quote from: Atlasian Constitution
The Senate shall make no law respecting the establishment of religion, nor obstructing the freedom of worship.
By passing legislations relying on the Bible’s scriptures, « Promoting the Holy Courts Act » de facto establishes Christianity as the religion of the South. For that reason, « Promoting the Holy Courts Act » shall be struck down in its entirety.
The Supreme Court would like to thank Wulfric and Blackraisin for their full cooperation.

LOL, what a joke. Would make more sense to argue that it established Judaism based solely on the scripture referenced in that bill.
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