Application for Judicial Review

[Cormac]

Name: Cormac Somerset

What order or declaration are you seeking from the Pschent of Osiris?: Declaration of Nullification (State Code of Osiris, Section 4.3)

Please provide a narrative of the facts which the Court needs to be aware of, to consider Judicial Review in this instance.: The Deshret of Osiris has overridden a Pharaonic veto and passed the Colonies and Territories Act by the sufficient two-thirds majority. The override is legal, but the Act may be unconstitutional.

Please give a brief summary of the legal grounds warranting Judicial Review in this instance.: Section 1.1 of the Colonies and Territories Act mandates that a colonial governor will be appointed by the Pharaoh or by the previous colonial governor, establishing that the initial appointment of a governor to a colony upon acquisition is always made by the Pharaoh. This places colonial governance firmly under the executive branch of government.

However, in mandating that a colonial governor may appoint their own successor in Section 1.1 and in mandating that a colonial governor cannot be removed except by the Deshret or criminal conviction by the Pschent in Section 3.1, the Act circumvents the power of the Pharaoh to appoint and remove senior executive officials and/or of Scribes to appoint and remove junior executive officials, and contradicts the power of the Pharaoh to further organize the executive branch of government (State Code, Sections 2.3-4).

Moreover, in granting colonial governors broad power to "manage the [colonial] region as they see fit," Section 2.2. of the Colonies and Territories Act contradicts the power of the Pharaoh to serve as the Commander-in-Chief of Osiran military forces (State Code, Section 2.5). The acquisition, maintenance, and defense of colonial territory are acts that have an inherently military component, and insofar as governance of colonial territory can significantly impact the maintenance and defense of that territory, with implications for military commitments and deployments, colonial governance falls under the power of the Pharaoh as Commander-in-Chief.

[r3naissanc3r]

Your application is noted. The Chief Elder is responsible for accepting or dismissing applications for judicial review. I have notified him so hopefully he should be here shortly.

[Theoden Sebastian]

I thank Elder r3naissanc3r for the timely notice.

This application is accepted.