Courelli v. Brys Questions (November 2020)

IN THE COURT OF JUSTICE OF

THE SOCIAL LIBERAL UNION

CIVIL COMPLAINT

In the matter of:
Courelli, in their capacity as Speaker of the Union, Plaintiff
v.
Brys Questions, a Member State, Defendant

Preliminary Statement
1) On or about 2 November 2020, upon the conclusion of the November 2020 Ministerial Election, Member State and Candidate Brys Questions published the following statement, which demanded, under threat of legal action, that electoral ties be resolved as established in the Constitution of the Social Liberal Union, even if an Act of Parliament establishes other procedures:

Dear Courelli,

Please take notice that it is the opinion of my campaign that the provisions of Article 5, Section 3 of the Voting Reform and Fair Political Practices Act related to the breaking of a possible electoral tie by means other than by the Cabinet of the Social Liberal Union, insofar as they negate the provisions of Article 8, Section 5 of the Constitution, are either facially unconstitutional or unconstitutional as-applied. Therefore, in the course of your canvass of the vote as required by law as Election Administrator I demand that ties be resolved as required by Article 8, Section 5 of the Constitution, notwithstanding any inferior Act of Parliament to the contrary. If you do not, I may take legal action.

Regards,
Brys Questions

2) I did not immediately reply; instead, the service of this complaint to the Defendant shall constitute my reply.

Jurisdiction
1) The Court of Justice has territorial jurisdiction over the government and officers of the Social Liberal Union per Article 3, Section 2 of the Legal Fundamentals Act.
2) The Court of Justice has subject-matter jurisdiction over this action because it is a controversy arising from an Act of Parliament pursuant to Article 3, Section 4, Clause 5 of the Legal Fundamentals Act.

Parties
1) Plaintiff Courelli is a Member State of the Social Liberal Union, which has commenced this action in their official capacity as Speaker of the Union and Election Administrator of the November 2020 Ministerial Election.
2) Defendant Brys Questions is a Member State of the Social Liberal Union, which is being sued in this action in their private capacity as a Member State.

Claim for Relief
1) The primary claim for relief is sought pursuant to Article 5, Section 2, Clause 1 of the Legal Fundamentals Act, which states:

Declaratory judgements are the legal determination of the Court that resolves legal uncertainty for the parties. It is a form of legally binding preventive adjudication by which a party involved in an actual or possible legal matter can ask the Court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a case.

2) The conflicting provisions of the Constitution and the Voting Reform and Fair Political Practices Act, as described in the Defendant's statement, create such a legal uncertainty, which prevents me from executing, in good conscience, my duties as Speaker of the Union and Election Administrator of the November 2020 Ministerial election.
3) Furthermore, this legal uncertainty is delaying the canvass of the results of the aforementioned election and hindering the business of the Open Parliament.

Request for Relief
Because the law, due to conflicting provisions, does not already provide a clear and specific remedy or mechanism for resolving this dispute and doing so would not disserve the public interest, we ask this Court to:
1) Issue a declaratory judgement affirming that the Constitution takes precedence over the provisions of Article 5, Section 3 of the Voting Reform and Fair Political Practices Act.

I, Courelli, declare under penalty of perjury under the laws of the Social Liberal Union that the foregoing is true and correct.

Respectfully submitted this 2nd day of November in the year 2020.

The Republic of Courelli