Post by Deleted on Jan 15, 2013 7:59:49 GMT -6
Here, before me comes Judah Levi Benjamin, with petition for judicial relief for a matter requiring redress under the laws of the Kingdom of Talossa. S:reu Benjamin, seeking emergency injunction to block certain actions by the Secretary of State, comes before me in prayer for said remedy as permitted by the Organic Law Article XVI: Section 13:
Any judge or justice may issue court orders or injunctions according to the generally accepted principles of Anglo-American law…the final arbiter of the organicity of the injunctions is the Uppermost Cort of Talossa.
Background of the case
On or about 14 January 2013 a petition was brought forth by Eruc S Bornatfiglheu, on behalf of petitioner, seeking a grant of citizenship in accordance with statute 37RZ3 The O Promise Me Act. Secretary of State Sir Iustu Canun did, upon said petition, issue a grant of citizenship.
That same day, said grant of citizenship was withdrawn by Sir Iusti and his corresponding post on Witt removed and replacing with the following:
Grant of citizenship withdrawn by the Chancery due to irregularities
Sir Iusti further clarified that this was because he had not received a complete and correct oath of citizenship as required by 37RZ3 and, as such, was executing the law and that citizenship would be restored upon successfully returning the correct and complete oath of citizenship. Petitioner then came seeking remedy.
Analysis
37RZ3 is quite clear. No grant of citizenship shall be issued until the oath is received. However, if a grant is issued erroneously, it provides the Secretary of State no authority to rescind said grant. Indeed, upon issuing the grant, the petitioner ceases to be a Cestour and becomes a lawful citizen of Talossa with all protections under the Organic and Statutory laws.
Article XVIII: Citizenship and Rights thus applies to S:reu Benjamin. Here, in Section 5, it is clear that fraudulent misstatement of fact in a citizenship petition is grounds for revocation of citizenship, but this course of action is a remedy of the courts of this realm, not of the Secretary of State.
Under the present law, Sir Iusti would have been well justified to deny a grant of citizenship to Mr. Benjamin given that the provisions of 37RZ3 were not met. However, he didn’t refuse the grant. He issued the grant. At that moment, the SoS’s authority in the matter ceased. From there, the SoS would be required to seek judicial relief from his error. The law grants the SoS a wide brush with which to paint citizenship, and an extremely narrow brush with which to revoke citizenship.
Under present law, the SoS may revoke a citizenship only as an acknowledgment of a renunciation. He lacks as a matter of statute and organic law, means to revoke, rescind or disable the citizenship, or the rights thereof, once granted, even if the error is discovered seconds after the grant is issued.
Ruling
I hereby enjoin the Chancery, and any of its agents, from taking unlawful action against S:reu Benjamin or any other citizen. I henceforth order any citizen issued a grant of citizenship to be entered onto the rolls of citizens as required by law while any attempt by the Chancery to rescind a grant of citizenship to be considered null and void and acting contrary to the laws of this realm. I further order the chancery to cease in the rescinder of any grant of citizenship. Once issued, it cannot be taken back save through actions of the court.
In accordance with Organic Law Article XVI: Section 13, I hereby present this matter before the remaining Justices of the Uppermost Cort. Petitioner and any other affected parties shall obtain legal representation forthwith, or petition the court to have counsel appointed to them for any further proceedings as the Uppermost Cort may direct.
To all of which, I do sign into effect immediately:
Justice T.M. Asmourescu
Any judge or justice may issue court orders or injunctions according to the generally accepted principles of Anglo-American law…the final arbiter of the organicity of the injunctions is the Uppermost Cort of Talossa.
Background of the case
On or about 14 January 2013 a petition was brought forth by Eruc S Bornatfiglheu, on behalf of petitioner, seeking a grant of citizenship in accordance with statute 37RZ3 The O Promise Me Act. Secretary of State Sir Iustu Canun did, upon said petition, issue a grant of citizenship.
That same day, said grant of citizenship was withdrawn by Sir Iusti and his corresponding post on Witt removed and replacing with the following:
Grant of citizenship withdrawn by the Chancery due to irregularities
Sir Iusti further clarified that this was because he had not received a complete and correct oath of citizenship as required by 37RZ3 and, as such, was executing the law and that citizenship would be restored upon successfully returning the correct and complete oath of citizenship. Petitioner then came seeking remedy.
Analysis
37RZ3 is quite clear. No grant of citizenship shall be issued until the oath is received. However, if a grant is issued erroneously, it provides the Secretary of State no authority to rescind said grant. Indeed, upon issuing the grant, the petitioner ceases to be a Cestour and becomes a lawful citizen of Talossa with all protections under the Organic and Statutory laws.
Article XVIII: Citizenship and Rights thus applies to S:reu Benjamin. Here, in Section 5, it is clear that fraudulent misstatement of fact in a citizenship petition is grounds for revocation of citizenship, but this course of action is a remedy of the courts of this realm, not of the Secretary of State.
Under the present law, Sir Iusti would have been well justified to deny a grant of citizenship to Mr. Benjamin given that the provisions of 37RZ3 were not met. However, he didn’t refuse the grant. He issued the grant. At that moment, the SoS’s authority in the matter ceased. From there, the SoS would be required to seek judicial relief from his error. The law grants the SoS a wide brush with which to paint citizenship, and an extremely narrow brush with which to revoke citizenship.
Under present law, the SoS may revoke a citizenship only as an acknowledgment of a renunciation. He lacks as a matter of statute and organic law, means to revoke, rescind or disable the citizenship, or the rights thereof, once granted, even if the error is discovered seconds after the grant is issued.
Ruling
I hereby enjoin the Chancery, and any of its agents, from taking unlawful action against S:reu Benjamin or any other citizen. I henceforth order any citizen issued a grant of citizenship to be entered onto the rolls of citizens as required by law while any attempt by the Chancery to rescind a grant of citizenship to be considered null and void and acting contrary to the laws of this realm. I further order the chancery to cease in the rescinder of any grant of citizenship. Once issued, it cannot be taken back save through actions of the court.
In accordance with Organic Law Article XVI: Section 13, I hereby present this matter before the remaining Justices of the Uppermost Cort. Petitioner and any other affected parties shall obtain legal representation forthwith, or petition the court to have counsel appointed to them for any further proceedings as the Uppermost Cort may direct.
To all of which, I do sign into effect immediately:
Justice T.M. Asmourescu
