Duval v. Quebecshire

Quebecshire v. Duval
Court	High Council of Quebecshire
Full case name	Administration for International Cooperation and Diplomacy of Quebecshire v. Terraconserva Foreign Policy Institute in Quebecshire
Decided	April 1, 2020 (2020-04-01)
Case opinions
Decision by	André Bellerose

Quebecshire v. Duval was a modern landmark court case in Quebecshire determined by the High Council. The case established further precedent on the authority of international law in Quebecshire.

Prelude

On March 31, 2020 the Terraconserva Council of Nations passed Resolution 015 which established a global Joint Education Committee. The Quebecshirite delegation to the TCN voted against Resolution 015 on the basis that it would likely be unconstitutional.

"We believe the resolution is well-intended and that the Kingdom of Faro has the development of many disadvantaged people at heard. However, the Quebecshirite delegation must vote against as this resolution most likely contradicts the Constitution of Quebecshire. Title I Clause VI of the Constitution reads "National sovereignty is absolute and resides in the will of the Quebecshirite population," and Title I Clause VII states No section of the Quebecshirite population or any individual therein may expropriate the popular sovereignty of Quebecshire. If this resolution does pass, it will likely lead to a lawsuit before the High Council which would determine Quebecshire's specific response to it, but as of this time, we must vote in opposition. Quebecshire participates and abides by many internationally directed TCN resolutions for the diplomatic advancement of the world, but this is likely to be a domestic policy infringement in an unconstitutional fashion."

— Quebecshirite Delegation, March 31, 2020

Despite the protests of several delegations, Resolution 015 passed the TCN with a vote count of 7-5-4. Sometime after this passage Cesout Bonhom announced that Quebecshire would not enforce the resolution domestically due to possible conflictions with the Constitution of Quebecshire. Shortly after this announcement the Terraconserva Foreign Policy Institute in Quebecshire filed a lawsuit against the Administration of International Cooperation and Diplomacy before the High Council, asserting that they had to abide by and enforce Resolution 015 and its contents.

Arguments

On April 1, 2020 both the Terraconserva Foreign Policy Institute in Quebecshire (TFPIQ) and Administration of International Cooperation and Diplomacy presented their arguments to the High Council of Quebecshire.

Terraconserva Foreign Policy Institute Argument

The Terraconserva Foreign Policy Institute in Quebecshire argued that it was the legal mandate and duty for the Administration of International Cooperation and Diplomacy to ensure Quebecshire abides by TCN Resolution 015.

"The decision of the Administration of International Cooperation and Diplomacy to refuse to abide by TCN Resolution 015 is not within their jurisdiction to do so. It is the opinion of the Terraconserva Foreign Policy Institute that the resolution itself holds no contradictions to our Serene State's Constitution. The Establishment of the Joint Education Committee is fully constitutional and compatible with the values of Quebecshire.

Of the four binding operative clauses, the second and third are the most simple and inoffensive, simply awarding a seat to the member nations of the Council of Nations and establishing when the committee is to meet. Neither of these poses any contestable nature to the Constitution as they do not have any bearing on the status of popular sovereignty in Quebecshire.

The first operative clause establishes the Joint Education Committee with the intent to “regulate and explore ways of enhancing collaboration in various sectors of education.” While the government would assert that this violates the Constitution, it is compatible with Constitutional legislation. While the Constitution asserts that national sovereignty resides in the will of the people, the same clause (Title I Clause VI) clearly establishes that sovereignty is “maintained by the governing bodies of Quebecshire” - therefore not directly by the populace themselves. The Quebecshirite Delegation to the Council of Nations maintains this by abiding by the international order which they are a member of and thus it is Constitutional for Quebecshire to abide by this resolution despite the protests of another institution within our government.

The final operative clause establishes an international visa system to allow travel between nations for the purpose of “educational enrichment,” this visa system being established under the Council of Nation as the “Education Visas.” It is the opinion of our institute that the same logic as the prior operative clause can be applied and that the government of Quebecshire has the authority and duty to abide by this resolution as part of the maintenance of sovereignty and jurisdictional law.

As a result of this, we would like to request the High Council mandate that the Administration of International Cooperation and Diplomacy abide by TCN Resolution 015 as it is the legal expectation that international law is valid in our Serene State."

— Stéphane Duval, April 1, 2020