Question
3. The Republic of Zoolandia is a democratic Commonwealth Caribbean State with a written Constitution containing within its preamble two fundamental pillars relating to the
3. The Republic of Zoolandia is a democratic Commonwealth Caribbean State with a written Constitution containing within its preamble two fundamental pillars relating to the existence of the Rule of Law and the Supremacy of the Constitution.
Section 10 of the Constitution provides:
"The Parliament is the supreme lawmaking body of Zoolandia and can make laws for the peace, order and good government of Zoolandia."
Further, Section 20 of the said Constitution expressly provides:
"All the provisions of this Constitution relating to the fundamental rights of persons can only be altered or amended by a two-thirds majority of all the members of the parliament of Zoolandia."
The Government of Zoolandia has recently observed a lot of chatter and what they considered, disrespect to them, on Facebook and other social media platforms. The Government, ostensibly wanting and arguing that order needs to be restored in the society, has quickly moved Parliament to amend the Constitution of Zoolandia making it unlawful to post matters on social media which is disrespectful of the Government, thereby curtailing the right to free speech. Minister Q, the Minister of National Security and Social Order, moved an amendment in Parliament to this effect, which was passed unanimously by a simple majority of the members of parliament and was approved by the appropriate Speaker's certificate.
The Speaker then issued a statement that: 'we control our own affairs in parliament and no court can question our action.'
The Association of Concerned Citizens of Zoolandia has consulted you to advise them as to whether there exists an arguable, or any case, for a constitutional breach; and whether the actions of the speaker can be challenged.
Advise this Association by reference to relevant case law as to the prospect of successfully commencing a constitutional claim challenging the enactment.
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