Elements Of Agnostica's Federal Constitution
PLEADINGS
I. REVERENTIA’S ENCOURAGEMENT OF THE EAST AGNOSTICAN REFERNDUM VIOLATED AGNOSTICA’S TERRITORIAL INTEGRITY, THE PRINCIPLE OF NON-INTERVENTION, AND THE UNITED NATIONS CHARTER GENERALLY.
A. Reverentia’s encouragement constitutes a threat or use of force against the territorial integrity and the political independence of Agnostica.
Article 2(4) of the United Nations states, “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.” In the present case Reverentia’s indirect or use of force and the threat or use of force constitutes a violation of the territorial
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Under Agnostica’s constitution, control over cultural affairs and education was devolved to the provinces, while all other matters were left to the federal government. The constitution empowers the federal parliament, by a three-quarters vote, to dissolve the union and create two independent states. Therefore the constitutional structure does not permit East Agnostica to unilaterally secede. On the front of secession, the constitutional procedure had been followed as it was designed to and accordingly Thomas Bien presented the resolution in the Agnostica parlaiment by proposing the dissolution of the nation. The resolution was however defeated as the earlier resolution calling upon the Prime minister Moritz to de-escalate the police and military presence in East Agnostica . The East Agnostican provincial parliament voted on 16 January 2013 to schedule a plebiscite and the plebiscite was held. This was not at all in line with the Constitutional procedures. The secession was not envisaged by the Constitution of Agnostica, it was held without the authorization and acknowledgement of its state. The rule of self determination for secession cannot thus be availed under international law. The East Agnosticans as the secessionist may follow from the Quebec case before the Supreme Court of Canada where the unilateral secession in the Quebec case was unconstitutional and illegal. The Supreme Court determined that the quebec secessionist were not a “people”, they lacked a clear majority of the people of Quebec. And furthermore there is no evidence that the rights of the East Agnostican people have ever been subject to flagrant human rights violation from the government of Agnostica. And the response of the international community which did not provide official recognition as the secession was led by few inhabitants the Igbo people of south eastern Nigeria to the attempted secession of Biafra from Nigeria in the
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