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Region: Geopolity

Orange-bourgogne

Geraldine Johnson loses expel case
~ OBBC News

The High Court has, after hearing an application from misses Geraldine Johnson ruled that it cannot overturn the decision taken by the Lower House to expel her from the House for the remainder of the session.

Mrs Johnson, a former Member of the Lower House for The Militia, was “ousted” for throwing a shoe in the direction of another MP, which ultimately resulted in a large fight among parliamentarians. She sought the court to rule that she had a democratic mandate to represent her constituents until the end of the session, and that the Lower House had thus infringed her privilege to attend the service of the House.

However, the court ruled that, although there is a general rule which allows parliamentarians to enter their House without any hindrance, it was also the case that the House could strip a Member of that privilege if it thought fit.

The court went on to rule that it was a political decision to expel a Member of the Lower House, and that no judicial authority could interfere with the ruling made by a political body like a House of Parliament. “That expelling a Member of the House is a breach of privilege, is clear. However, there may well be sound justifications for such a decision. As both Houses are autonomous in the sense that they are fully capable to regulate their own internal affairs, the Court cannot interfere with a decision of such character, even if it is not enacted by Act of Parliament.”

In the same case the Court did rule, however, that if a by-election is called, Mrs Johnson would have the right to stand again if no legislation to the contrary be enacted. This comes as Mrs Johnson has no criminal record and is also not subjected to any other disqualification already recognised by law (such as being a minor). In a statement reacting to the judgment, Mrs Johnson claimed to be “extremely disappointed” to hear that the Court did not consider the action taken by the House as illegal. She also said that “I will stand in the next election held in my constituency, whenever it may be called”.

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