Please note that this draft is heretofore proposed for the purposes of establishing and enforcing the concept of legislative supremacy, in consideration of the fact that many World Assembly Members currently wish to pass or have previously passed legislative mechanisms which significantly further the policies expressed within General Assembly Resolutions, but, due to the absence of any Resolution within said Chamber that would allow a Member Nation to enforce the more complimentary legislation, Member Nations are relegated to being forced to circumvent better policy with the enforcement of weaker legislation, much to the detriment of the multitude of policy areas the G.A possesses jurisdiction in.
THE LEGISLATIVE SUPREMACY AND ENFORCEMENT ACT
Category: Regulation | Area of Effect: Legal Reform
DEFINING, “legal supremacy” as the preferential status of one one piece of legislation over another, given by a governing body which has been legally established as superior-in-effect over another in a shared jurisdiction, by virtue of that body’s status, despite the similarities between each piece of legislation, or the complimentary nature one piece of legislation may better share with the similar policies expressed in each;
FURTHER DEFINING, “enforcement” to mean the legal responsibility of a subordinate state to enact into law, legislation emanating from a governing body, superior-in-effect as defined above, despite the presence of more complimentary legislation, similar in nature to the presently superior policy, which emanated from the legislature, or other lawmaking body, of the subordinate state;
RESPECTFUL, of this Assembly’s status as the governing body, superior-in-effect, within the jurisdiction of international lawmaking;
NOTING, however, that said status often subjugates the national legislatures and governing executives of Member States into a position where they must either enforce legislation from this Assembly which, though similar to that which emanated from the subjugate lawmaking body, is otherwise weaker than the subjugate policy in question; or resign from the Assembly altogether in order to remove the legal responsibility defined above;
AS SUCH, THIS ASSEMBLY;
REJECTS, the paradox presented above;
RESIGNS, its status as the governing body of supremacy in cases where a Member State’s lawmaking entity and governing executive majoritarily agree that a piece of legislation emanating from its efforts, is superior to that which emanated from this Assembly, and otherwise meets the following criteria;- Is similar in effect and purpose to the legislation proposed by this Assembly,
- Is, in the opinion of the lawmaking entity and governing executive of the Member State, complimentary to the Assembly’s legislative alternative, pursuant to the rules outlined above;
DIRECTS, Member States which now, or in the future, possess legislation which meets the rules, situational allowances, and criteria outlined above, to enact said legislation in lieu of the corresponding Resolution passed by this Assembly;
REMINDS, Member States that, in all cases which do not precisely meet the; rules, situational allowances, and criteria set forth above, the Assembly remains the governing body of supremacy, and as such, Member States continue to possess a legal responsibility to enforce Assembly legislation;
ALLOWS, governments, both subjugate and superior, to challenge the state of a legislation’s status under this Resolution via joint arbitration.
