Lawsuit: In Session stinkycow v. The Stratham Republic

stinkycow

Citizen
Lawyer
Donator
stinkycow
stinkycow
Lawyer
In The Supreme Court of The Stratham Republic
CIVIL ACTION
Date: MM/DD/YY

stinkycow

v.

The Stratham Republic

I. Description of Case
The Plaintiff brings forth the following causes of action and alleges the following against the Defendant:

I believe that the Property Tax Act is invalid due to an illegal clause in the commencement section of the bill and that all of those who have been unfairly fined by this bill should be compensated.

II. Parties
1. stinkycow
2. Government of Stratham
3. All those financially effected by the invalidity of this bill

III. Sequence of Events
1. Parliament Member LazyGraepe proposes the Property Tax Act
2. The Act Passes Unanimously

IV. Claims for Relief
1. The Clause in Question reads as follows "Section 2. Commencement... 2. Upon commencement, this bill shall be removed only by a unanimous vote by the Parliament, upon the Prime Minister’s request."
2. This clause gives this bill an almost unappealable status that is not supported anywhere by the constitution.
3. Section 2.2(b) of the constitution states that "The Parliament can create, amend, or remove bills.", by requiring approval from the Prime Minister to remove this bill it is infringing on any future parliament's powers invested to them by the constitution.
4. Furthermore, Section 2.2(f) of the constitution states that "The Parliament shall have the sole authority to levy taxes upon the people of Stratham by a majority vote." Although the wording of this section is not precise I would argue that the "by a majority vote" phrase would apply to creation, amendment, or removal of taxes. Requiring the Prime Ministers assent and the additional "unanimous vote" would infringe on Parliament's powers in this way too.
5. According to section 2.2(l) of the Constitution "The Parliament can not give themselves power or take away power from another branch of government." If parliament is allowed to add clauses like these to any bill it would bolster that specific Parliament's power and effectively reduce the power of subsequent parliaments by making it harder to remove the legislation they passed.
6. Your Honor, clauses like this are clearly unconstitutional and best and dangerous to our government system at worse, they should not be allowed to exist.

V. Damages
1. I am asking for the this bill to be deemed unconstitutional and invalidated.
2. I am asking for those who have paid property tax as a result of this bill to be compensated the full amount they have paid.


 

MegaMinerM

Chief Justice
Justice
Judge
Department of Economy
Department of Public Affairs
Lawyer
Donator
MegaMinerM
MegaMinerM
Justice
@DoubbleKerius is hereby summoned to the court to acknowledge the case. If the Defendant, @DoubbleKerius, does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge MegaMinerM Bear in mind to not reply to court cases unless summoned by the Judge!
 
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