San Andreas Judicial Branch "HERE FOR YOU | SAFE FOR YOU" |
IN THE SUPREME COURT
FOR THE STATE OF SAN ANDREAS
FOR THE STATE OF SAN ANDREAS
- Docket Number
[LEAVE FOR THE JUDGE]
Date Filed
22/APRIL/2023
Nature of petition
Judicial Review
Tony McFornell
v.
Law Review Committee
H. R. 4 Business Licensing Bureau Regulatory Enhancement Act
PETITION FOR JUDICIAL REVIEW
I. Challenged Provision
- Challenged Provision
Identify the provision, law, decree, estatute or regulation that should be declared unconstitutional.
Name of Provision: Business Licensing Bureau Regulatory Enhancement Act
Portion of the provision being challenged:
Paste the provisios that are being challenged.Provisions
Business Licensing Bureau Regulatory Enhancement Act
((I can't quote the thread so I'm pasting the link instead))
II. Constitutional Violations
- List the articles, principles, constitutional rules or constitutional precedent set by the Supreme Court that is being violated by the challenged provisions. This is not a place for arguments, these belong in the next section.
- Separation of powers
- Article III - Section 6
- 5th amendment
III. Arguments
- State briefly and precisely the damages that you sustained and the reliefs that you expect to receive from the defendant. Include the amount of damages that you sustained, punitive or not, and the reasons why you are claiming such amounts as a relief.
Honorable members of the Supreme Court. In exercise of my constitutional rights, as vested on me and all citizens of San Andreas, established in Section 3 - Article 3.2 Judicial Review of the San Andreas Constitution, I present this Petition for Judicial Review. With this in mind, I respectfully request that the Business Licensing Bureau Regulatory Enhancement Act, which modified our Penal Code, is declared unconstitutional and, thus, removed from all applicable law for the arguments outlined hereinafter.
Violation of the Separation of Powers Principle
Although the principle of Separation of Powers is not explicitly enshrined in our constitution, the structure of the constitution, and its necessary separation into distinct articles to establish the creation of the executive, legislative, and judicial branches, it allows for a clear conclusion that our state - like any modern state - finds this principle as a fundamental basis of its legal system. With this in mind, it is clear that said principle is binding and of necessary application by all of our courts, specially by our highest one - the Supreme Court.
The law that is being subject of this Petition for Judicial Review breaches the principle of separation of powers by granting an entity belonging to the Executive Branch -Business Licensing Bureau- the power to define the content and scope of a criminal law, thus creating a direct conflict with the constitution, which clearly separates our legislative, executive, and judicial branches of power.
Said law allows the Business Licensing Bureau to define specific parts of the law that should have been done by the Law Review Committee, even though this entity does not have legislative powers or the ability to create criminal laws. The law creates citations, misdemeanors, and felonies but leaves it to the Business Licensing Bureau to define the specific conduct that constitutes each offense. This can be clearly noticed when, in repetitive occasions, the law states the following:- "(...) as defined by the Business Licensing Bureau."
This is a clear violation of the principle of separation of powers as it allows an executive branch entity to perform a legislative function, therefore it is unconstitutional for breaching the Separation of Powers principle, and thus, must be struck down.
Addendum: Transferring this type of legislative competence is not permitted in any way by our Constitution. In fact, our Constitution only allows for ONE SITUATION (very different from the Bill subject of this Petition) in which this is a possibility, found in the second paragraph of Section 8 of Article 1 of our Constitution. This provision allows the Law Review Committee to grant provisional competence to the Board of Governors for a maximum of 2 days to "propose taxes, duties, imposts," among others.
Violation of Article III - Section 6
The Prosecutor's Office, presided by our Attorney General, was given the power to "(...) ex officio, or by means of complaints, to investigate the crimes and to accuse the alleged offenders before the competent courts and tribunals (...)". With this in mind, I find that the Bill subject of this Petition violates Section 6 when it limits the application of the fines, misdeamenors and felonies created by it in the following terms:- SECTION 2. ADDITION OF A NEW CATEGORY FOR PENAL CODE
(...)
All charges within the aforementioned section shall ONLY be issued by authorized members of the Business Licensing Bureau, the Attorney General as directed by the Business Licensing Bureau, or by the head of the Executive Government.
When required or called upon to execute the authority of the laws in question, Law Enforcement agencies may interact with the charged individual only for the purposes of detainment (Including the procedures required for detainment) or legal questioning."
(Bolded text added by the author of this Petition)
This section of the law not only limits the powers of the Attorney General, to the extent that it subjects his power to the orders of the Business Licensing Bureau, but also provides that an entity of the executive branch (head of the Executive Government) may apply criminal charges, which in addition to violating the Section that is the subject of this chapter of the Petition, also violates the principle of Separation of Powers.
Violation of the 5th amendment
The 5th amendment of the constitution states that, should the Penal Code be violated, a member of any San Andreas Law Enforcement Agency may submit an individual for punishment to the Department of Corrections.
The bill subject of this Petition in its Sections 3b, 3c, 4b, 4c, 5b and 5c determines a list of behaviours that require the incarceration of those that commit them. However, as quoted in the previous chapter of this Petition, the Bill restricts the application of these felonies to authorized members of the Business Licensing Bureau. This means that a legal disposition (H. R. 4) limits the powers vested to Law Enforcement Agencies in the 5th amendment, which is not reasonable at all, given that legal provisions can't and never will be able to abolish constitutional provisions.
IV. Request- With all of this in mind, I respectfully request that you:
- Declare House Bill H.R. 4 - Business Licensing Bureau Regulatory Enhancement Act completely unconstitutional, and thus void and null.
- Advise the Law Review Committee, should they wish to regulate the Business Licensing Matters within this bill again, to create a new Bill that establishes fines of EXECUTIVE and NOT JUDICIAL nature that are independent (in other words, NOT PART) of our Penal Code (which has JUDICIAL AND CRIMINAL NATURE) and clearly determine whether this should be applied by EXECUTIVE officials (or officials of a different nature), and create a method that guarantees due process to contest said fines.
V. Certification and Closing- Under the rules of Court Procedure, by signing below, I, Tony McFornell, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly presenting reckless requests in this court could result in criminal charges being added to my record and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))
