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By Bernadette
H. Carreon
Horizon news staff
The Appellate Division of
the Supreme Court affirmed the decision of the Trial Division limiting
the functions of the Koror House of Traditional Leaders to proposing bills
to state legislature and engaging in dialogues with other bodies.
In a nine-page opinion, the role of the HOTL as "the supreme authority
of the State of Koror," has been reduced.
Prior to the lawsuit some of the many roles of the HOTL included the power
to submit proposed bills to the Legislature, to veto bills passed to it
by the governor, to line-item veto appropriations bills, to engage in
dialogue with other states and foreign entities and to approve any major
agreement to which Koror State was a party.
The trial court ruled in favor of the state legislature but the HOTL appealed
the case arguing that amendments changing the status of the traditional
leaders can only be passed by citizens initiatives not legislative
resolutions.
HOTL also claimed that the trial court erred in finding that the legislative
manner in which the amendments were passed does not affect their constitutionality
and that the Koror State citizens were granted the right to determine
what role traditional leaders would play in the structure of their state
government and one the role was determined, it could not be changed.
The appellate court however said that the HOTLs argument has no
merits because where legislative power is vested in both referendum and
legislature, "there is no superiority of power as between the two."
The court said that not only did the state legislature pass a constitutional
amendment but the citizens of that sate also approved the amendment in
a referendum.
The appellate division also agreed with the trial division that it seems
unquestionable that the right of the people to choose the structure of
their government also includes the right to change the structure if they
so choose.
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