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[Legal Challenge]Access to Abortion

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Liberimery
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Founded: May 27, 2018
Ex-Nation

[Legal Challenge]Access to Abortion

Postby Liberimery » Mon Apr 27, 2020 12:49 pm

Challenge addresses Section 8 of the proposal which reads as follows under the Contradictions Rule, the Blocker Rule, and the House of Cards Rule :

Interpretation. In this resolution: older resolutions overrule conflicting provisions of this resolution; provisions of this resolution found to contradict previous resolution do not render unenforceable several provisions of this resolution; singular words include the plural unless otherwise indicated; and section headers have no effect.


1. Contradiction Rule: This clause is in and of it's self a contradiction of the no contradiction rule as it specifically attempts to immunize this proposal from contradictions that may otherwise get it thrown out by General Secretariat. While this is not an exhausted list, several sections of the proposal are in conflict with with GAR#68 (National Economic Freedom) by mandating governments must fund abortion clinics and may not impose any tax specific to providing abortion services. GAR#68 grants Nations the right to regulate internal commerce within their territorial holdings, which includes taxation and spending on specific industries and services provided. Furthermore, the author of the proposal is the same person who manages the list of all passed and repealed resolutions and is in a unique position where it can be presumed that he is well aware of this contradiction as well as many possible others in this proposal and is deliberately trying to circumvent the challenges to contradiction to pass this law. The rules of the GA are quite clear that no proposal may contradict an extant Resolution and where contradictions exist, they render the law illegal. There is no rule that states contradictions shall be tolerated when a proper Interpretation is given, and giving such a mandated interpretation is in violation of the long held principle of creative compliance with Resolutions. It also opens a Pandora's box of where the line in similar clauses that would immunize scrutiny from other laws would be attempted if allowed. The rules for proposals are clearly defined and immutable and a proposal should not be allowed to immunize itself from breaking these rules. If anything, Section 8 is tacit admission that the author is writing a non-compliant law and should be excused.

2. Blocker Rule: This rule is a violation of the Blocker rule, as it specifically blocks repeals of prior Resolutions to have the intended consequences. Should any provision in this resolution be rendered null by a contradiction, the repeal of the prior resolution now enforces this law in it's place. Thus repeals of any contradicting law (as demonstrated in argument 1, contradictions need not exist in laws related to medical services or specifically abortion and can run a whole host of laws that do not, on their face, have any direct impact on this subject) will bring into force this law and immunize it against any replacement proposals that seek to fix other aspects of the resolution, while leaving the contradicting rule in place or modifying it to make clarifications. Furthermore, another resolution by the author has faced numerous attempts at repeals for a number of contradictions it introduced and while unsuccessful, and may be used to block or invoke an Honest Mistake challenge on any repeals that seek to point out that the proposal is contradicting and should not have been allowed in the first place. In addition, what is to prevent proposal that criminalizes abortion, but will only be effective where it is in compliance with previous resolution.

3. House Of Cards: This section creates a violation of the House of Cards rule as it legislates in that this proposals sections and clauses could change as prior Resolutions are repealed and will thus be changing what is in effect and not in effect. For every repeal of a Resoulution following this one's passage, the developers will have to go and change numbers so that not only are the changes for the repealed resolution are adjusted, but also for this extant resolution. In the simplest sense, Section 8 means this law's numbers outcome could change with every Repeal of all the Resolutions that come before it and create for the code team additional work that this rule and the Amendment Rule were designed to prevent. No where does this proposal say it is in perpetuity and must be treated like a repealed older law still exists, nor does it allow for a zero sum where either it's all complaint or nothing is (it specifically states, only the portions in conflict are null and void). There is no good faith read of section 8 that allows this proposal to stand on it's own and not rely on any other Resolutions to be in effect and preserve it's effects at the time it was voted on.

In short, It is my argument that this resolution seeks to undermined long held rules for writing proposals. Per the GA Rules, a Proposal cannot be written in a way that violates these rules, and thus, writing in any immunities to illegal proposal rules such as Section 8 violate both the spirit and letter of the GA Rules and open a Pandora's box of future clauses that try to skirt around the rules for writing legal proposals.

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Wallenburg
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Founded: Jan 30, 2015
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Postby Wallenburg » Mon Apr 27, 2020 1:17 pm

Liberimery wrote:Challenge addresses Section 8 of the proposal which reads as follows under the Contradictions Rule, the Blocker Rule, and the House of Cards Rule :

Interpretation. In this resolution: older resolutions overrule conflicting provisions of this resolution; provisions of this resolution found to contradict previous resolution do not render unenforceable several provisions of this resolution; singular words include the plural unless otherwise indicated; and section headers have no effect.


1. Contradiction Rule: This clause is in and of it's self a contradiction of the no contradiction rule as it specifically attempts to immunize this proposal from contradictions that may otherwise get it thrown out by General Secretariat. While this is not an exhausted list, several sections of the proposal are in conflict with with GAR#68 (National Economic Freedom) by mandating governments must fund abortion clinics and may not impose any tax specific to providing abortion services. GAR#68 grants Nations the right to regulate internal commerce within their territorial holdings, which includes taxation and spending on specific industries and services provided. Furthermore, the author of the proposal is the same person who manages the list of all passed and repealed resolutions and is in a unique position where it can be presumed that he is well aware of this contradiction as well as many possible others in this proposal and is deliberately trying to circumvent the challenges to contradiction to pass this law. The rules of the GA are quite clear that no proposal may contradict an extant Resolution and where contradictions exist, they render the law illegal. There is no rule that states contradictions shall be tolerated when a proper Interpretation is given, and giving such a mandated interpretation is in violation of the long held principle of creative compliance with Resolutions. It also opens a Pandora's box of where the line in similar clauses that would immunize scrutiny from other laws would be attempted if allowed. The rules for proposals are clearly defined and immutable and a proposal should not be allowed to immunize itself from breaking these rules. If anything, Section 8 is tacit admission that the author is writing a non-compliant law and should be excused.

The clause is a catch-all to surrender any effects that would contradict existing legislation. That's the exact opposite of a contradiction violation. That it makes it impossible to challenge the proposal on any contradiction basis is a problem for you and everyone else that might want to shut down this policy, not for the author.

Regarding this, specifically:
There is no rule that states contradictions shall be tolerated when a proper Interpretation is given, and giving such a mandated interpretation is in violation of the long held principle of creative compliance with Resolutions.

Actually, you are totally wrong here. Where a resolution may either be interpreted to contradict or not contradict active resolutions, the interpretation by which it doesn't contradict them must be adopted. This is longstanding interpretive procedure.

Also, National Economic Freedoms does not do what you seem to think it does. Reread its mandates. None of them grant member states exclusive jurisdiction over internal commerce. If they did, dozens of passed resolutions since then would have been illegal.

Finally, regulation of commerce does not include tax policy. That's a different matter.
2. Blocker Rule: This rule is a violation of the Blocker rule, as it specifically blocks repeals of prior Resolutions to have the intended consequences. Should any provision in this resolution be rendered null by a contradiction, the repeal of the prior resolution now enforces this law in it's place. Thus repeals of any contradicting law (as demonstrated in argument 1, contradictions need not exist in laws related to medical services or specifically abortion and can run a whole host of laws that do not, on their face, have any direct impact on this subject) will bring into force this law and immunize it against any replacement proposals that seek to fix other aspects of the resolution, while leaving the contradicting rule in place or modifying it to make clarifications. Furthermore, another resolution by the author has faced numerous attempts at repeals for a number of contradictions it introduced and while unsuccessful, and may be used to block or invoke an Honest Mistake challenge on any repeals that seek to point out that the proposal is contradicting and should not have been allowed in the first place. In addition, what is to prevent proposal that criminalizes abortion, but will only be effective where it is in compliance with previous resolution.

This resolution does not block repeals of prior resolutions. That's also not how the blocker rule works at all. It prohibits repeal-proof resolutions, resolutions legislating on entire categories of law, and pure blocker resolutions. The challenged proposal is none of these. Please revisit the ruleset.

Regarding immediate activation of otherwise contradictory effects upon the repeal of a prior resolution, the resolution is not written that way, and I struggle to come up with a way to write a clause such that it blocks legislation in fields occupied by resolutions repealed after the resolution passes.
3. House Of Cards: This section creates a violation of the House of Cards rule as it legislates in that this proposals sections and clauses could change as prior Resolutions are repealed and will thus be changing what is in effect and not in effect. For every repeal of a Resoulution following this one's passage, the developers will have to go and change numbers so that not only are the changes for the repealed resolution are adjusted, but also for this extant resolution. In the simplest sense, Section 8 means this law's numbers outcome could change with every Repeal of all the Resolutions that come before it and create for the code team additional work that this rule and the Amendment Rule were designed to prevent. No where does this proposal say it is in perpetuity and must be treated like a repealed older law still exists, nor does it allow for a zero sum where either it's all complaint or nothing is (it specifically states, only the portions in conflict are null and void). There is no good faith read of section 8 that allows this proposal to stand on it's own and not rely on any other Resolutions to be in effect and preserve it's effects at the time it was voted on.

No effect of this resolution depends on the continued existence of past resolutions to function. Again, you need to revisit the ruleset.
In short, It is my argument that this resolution seeks to undermined long held rules for writing proposals. Per the GA Rules, a Proposal cannot be written in a way that violates these rules, and thus, writing in any immunities to illegal proposal rules such as Section 8 violate both the spirit and letter of the GA Rules and open a Pandora's box of future clauses that try to skirt around the rules for writing legal proposals.

Good thing this proposal doesn't write in immunities to GA rules. That would also violate the metagaming rule.
Last edited by Wallenburg on Mon Apr 27, 2020 1:28 pm, edited 1 time in total.
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Imperium Anglorum
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Left-Leaning College State

Postby Imperium Anglorum » Mon Apr 27, 2020 1:30 pm

Cites: https://bit.ly/gensec-catalogue

The claims above are meritless on the wording of the rules and existing precedent at almost every point. Agricultural Invasive Species Act, [2018] GAS 4 (explaining the scope of NEF's extreme hazard and implications on what a "restriction" is, into which duty-free zones do not fall); National Control of Elections, [2016] GAS 2 (constraining the Blocker rule only to cases where the violator is repeal-proof or entirely blocks off a category); Safeguarding Nuclear Materials, [2017] GAS 12 (constraining House of Cards only to substantive reliance on past proposal text); Protection of Nuclear Armaments, [2017] GAS 1 (distinguishing Amendment violations from Contradiction ones). See also Firearms and Intl Travel, (2011) 1 IAM 14 (constraining blockers to only those that cut off the entire category); Legalizing Prostitution, (2011) 1 IAM 15 (finding that regulation means imposing standards/restrictions upon commerce); Freedom from Want, (2011) 1 IAM 16 (constraining also blockers to only those that cut off the entire category); Against Suicide Seeds, [2016] MOD 16 (ruling that NEF only applies to general restrictions on commerce); Choice in Education, [2016] MOD 18 (concurring with ante).

The precedent which complainant wishes to set would drive a stake through modern legislative practice. See generally search.php?st=0&sk=t&sd=d&sr=posts&keywords=subject+to&t=30 (some resolutions falling within the search term, of course, excepted). I am not aware of any direct statement from the post-2016 Secretariat as to broad "subject to previous extant legislation" clauses. That said, the claim that contradiction is made even when the provisions of a proposal are excepted with a clause of the sort quoted above was explicitly rejected by moderators. Habeas Corpus Act, (2012) 1 IAM 19.

EDIT: Re-numbered.
Last edited by Imperium Anglorum on Mon Apr 27, 2020 4:43 pm, edited 6 times in total.

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Separatist Peoples
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Postby Separatist Peoples » Mon Apr 27, 2020 4:30 pm

Wally has articulated my reading. No dice from me.

EDIT: I like it when somebody does my reasoning for me.
Last edited by Separatist Peoples on Mon Apr 27, 2020 4:30 pm, edited 1 time in total.

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