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[Legality Challenge] Reducing Statelessness [GAR#386]

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Makko Oko
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[Legality Challenge] Reducing Statelessness [GAR#386]

Postby Makko Oko » Fri May 06, 2022 8:46 pm

Link To Resolution: viewtopic.php?f=9&t=30&p=30367063&hilit=emigration#p30367063

Violation: Amendment/Contradiction

GAR#386 states under Article 2:
Expands the remit of the Global Emigration, Security, Travel And Passport Organisation, hereafter referred as the Passport Organisation, to include the issuance of World Assembly identification documents and passports to the former nationals of member states who have been deprived of their nationality by their government;


This violates the amendment/contradiction rule because it is attempting to expand upon a previously enacted resolution, GAR#76, "Standardised Passport Act". Link To Original Resolution: viewtopic.php?f=9&t=30&p=1639327&hilit=emigration#p1639327

Under GAR#76, it states:
FOUNDS the Global Emigration, Security, Travel And Passport Organisation.
a) This organisation will establish minimum requirements of details to be included into passports, including but not limited to passport numbers, facial representations of the owner, name, date of birth, validity, and anti-forgery features;
b) Members states are required to abide by these requirements.


Under GA proposal rules, it clearly states that:
Contradiction: From the verb 'to contradict' - to state opposite or deny a concept or idea. Proposals which conflict with explicit clauses within an active resolution will be removed.


If I understand this correctly, it is saying that if a resolution is to conflict with a clause within an active resolution, that said resolution will be removed. In this case, if GAR#76 is repealed successfully at ANY MOMENT, then every other resolution, including this one, that has no support standing and quotes the "Passport Organization" as GAR#386 does, will collapse, at least in the portion where it is mentioned. It will lead to a much easier repeal as well, even if it's not illegal, so either way, it may end up on the chopping block.

Furthermore, GA proposal rules clearly state that:
Amendments: A supplementary set of clauses that either enhance or modify an active proposal's text. Proposals cannot amend existing resolutions because the game's coding does not allow for it. To introduce new legislation, the active resolution must be repealed. This applies to appeals as well.


This means that GAR#386 is ILLEGAL because it is very clearly enhancing the powers of which the "Passport Organization" was originally established to have. This is all my evidence on this matter, I thank the World Assembly for considering my challenge.
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Desmosthenes and Burke
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Corporate Bordello

Postby Desmosthenes and Burke » Fri May 06, 2022 8:59 pm

Primo: You cannot challenge a resolution that has already passed, for multiple reasons, not least of which is the fact that there is no remedy GenSec is capable of providing.

Secundo: All passed resolutions are legal by virtue of being passed, even if they would be illegal if brought forward now. You cannot challenge the legality of a past resolution, nor does GenSec have the power to remove it, were they to take leave of their collective senses and allow it.

Tertio: If you bothered to read the entire ruleset you would have noticed this bit:
A committee continues to exist after its resolution is repealed if it's used in another resolution


Which provides plainly that even if GAR 76 were repealed, the Passport Organisation would continue to exist. This also is a pretty strong suggestion that re-using and expanding committees is not considered an amendment (nor a contradiction unless you were to attempt to give it mutually exclusive tasks).

Quarto: You will notice that longstanding practice complies with the ability to re-use and expand committee powers. Numerous resolutions do this. There is no issue here.

In short, there is nothing to see here, and even were it possible to bring a challenge (which it is not), there is not even the faintest sliver of an argument for illegality anyway.
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Outer Sparta
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Postby Outer Sparta » Fri May 06, 2022 9:12 pm

If this bothers you, you're always welcome to repeal the target resolution.
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Honeydewistania
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Postby Honeydewistania » Fri May 06, 2022 9:34 pm

Even if this resolution was complete gibberish and illegal at the time or now, if it passed, it's considered legal and can't be removed by GenSec (and you can't use illegalities as a reason to repeal)
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WayNeacTia
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Ex-Nation

Postby WayNeacTia » Sat May 07, 2022 2:04 pm

Imagine having GenSec remove a resolution passed 4 years before they came into existence, which was written by a GenSec member? I heard somewhere this is how black holes are actually created....
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Fachumonn
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Postby Fachumonn » Sat May 07, 2022 6:57 pm

If you really have a huge problem with this resolution (which I don't) you can repeal it, you can't challenge past resolutions.
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