Supremacy Clarification, Jan 2022

Proceedings

Orinnari:

Would like to request a clarification from the High Justice regarding the interplay between Ololtic Law made via proposals and Council Law made via Charter Articles 2.4 and 2.9:

Council Law is by its nature considered inferior to Ololtic Law given than Ololtic proposals are the direct will of the people. Thus there is a question as to whether the Council can modify Ololtic Law, or whether Ololtic proposals, when modifying Council Law, it gets elevated to Ololtic Law status.

For example, Township Incorporation was introduced with Council Law 1.4, but then was modified by Proposal 8, so there's a question about whether Council Law can amend or repeal Township Incorporation should it need or want to.

But there's also the more general question as to whether Council Law can amend or repeal Ololtic Law.

Just discovered a similar situation with Recall Elections.

Council Act 7.1 establishes Recall Elections, but Proposal 30 (#passed-proposal-recall-elections-ammendments) amended 7.1, so the same question arises about whether the Council is now unable to amend Recall Elections.

SpaceVolcano:

Orinnari, the way the court would handle a case if a conflict arose would be weighted one way or another dependant upon the situation in which the case arose. As for the ability to amend or not amend each others laws we currently do not have a clear text on the books saying what is or isn't allowed. The council is allowed to create and change laws as well as the Ololtic. By nature Olotlic law does carry the weight of the people, however the council is elected by the people and carries the peoples weight through represention. The interplay between the two has been and currently seems to be acceptable, checking each other's power and if an unacceptable exchange were to happen between the two bodies over any proposal or amendment it would fall to the court. Any further clarification would have to come from an amendment to the constitution passed by the Ololtic with a written clause.

Brief version currently allowed either way, Ololtic can amend council, council can amend ololtic