[Defeated] GA Resolution: Repeal: “Legal Equality Act”

[Lenlyvit]

General Assembly Resolution

Repeal: “Legal Equality Act”

A resolution to repeal previously passed legislation.

Category: Repeal

Resolution: GA#649

Proposed by: Simone Republic

General Assembly Resolution #649 “Legal Equality Act” (Category: Civil Rights; Strength: Strong) shall be struck out and rendered null and void.

The World Assembly,

Noting that many nations across the multi-verse consider their democratically-elected national legislature(s) to be sovereign and their laws to be non-justiciable;

Concerned by clause 2(1) of this resolution, which failed to define what constitutes a "demonstrabl(e)" case of "public interest" or "the public's interest" in enacting "measures such as commutations and pardons, including refraining from prosecuting a case";

Dismayed by the flaws deriving from the lack of such definitions, which may permit politicians to determine themselves the fate of pardons and prosecutions for crimes in the absence of an independent "public interest" test and undermine due process of law;

Anxious at the same time at the compliance powers derived from GAR#440 and perverse incentives resulting thereof, such as this resolution lacking a provision for police discretion in enforcing minor offences, leading to unnecessary arrests and strain on police resources;

Hereby repeals "Legal Equality Act".

Co-author: Kenmoria

This is the discussion thread. To cast your vote, go HERE

[icethousand]

Strongly opposed. I do not disclaim my bias as the author of the target resolution; yet I strongly disagree with these arguments. The second argument (which I actually didn't notice until this was submitted given the accelerated nature of this repeal's drafting, and not being in the initial draft I reviewed) is especially specious -- if the public interest clause really is that exploitable, "refraining from prosecuting a case" (which explicitly falls under the test) would allow for "police discretion in enforcing minor offences". Even if it isn't that exploitable (I don't think it is), the public has a rather clear interest against "unnecessary arrests", so member nations would have a solid argument for allowing such discretion.

As to the primary argument regarding "public interest", I don't believe it's that subjective. Even a member nation asserts a measure to be in the public interest, it does have to actually be in the public interest (and "demonstrably" so) for it to be permissible; otherwise the member nation would still incur penalties for non-compliance, per GA #440 (which this resolution itself cites). I think this argument is only substantively applicable in edge cases, rather than "allow[ing] Parliament to act in whatever it determines to be 'in the public interest'" as asserted by the repeal author.

[Pantso]

Against. We find the arguments weak and suspect they are meant to provide an excuse to put the repeal vote up, rather than forming a coherent rationale to repeal a reasonable bill.

[Lenlyvit]

Since the forum poll is tied, I've voted along the lines of the on-site vote.

[Vivolkha]

Against. These are some of the weirdest reasons one could use to try to repeal GA#649, and they amount to highly elaborate gibberish.

[Jabberwocky]

Against