Chapter Eighty Three: Further Legal Arguments

INT. INSIDE THE CHAMBER OF THE JUDICIAL AND BAR COUNCIL - DAY

The respondents to the case is now ready to cross examine the Secretary of Parochial Concerns regarding his testimony on the Treaty of Gawkins. After huddling with his legal team for a while, the Main Barrister stood up to approach the witness stand. Everybody was waiting with anticipation.

MAIN BARRISTER

(Glancing at the Members of the Judicial and Bar Council before questioning his witness)

Mr. Secretary, can you state for the record your knowledge of the long-standing legal concept of unjust enrichment?

SECRETARY OF PAROCHIAL CONCERNS

(Nodding)

Of course. When someone was enriched at the expense of another which the law sees as unjust, that is unjust enrichment.

MAIN BARRISTER

(Walking back and forth in front of the witness stand)

And are you in a position to testify that the principle of unjust enrichment applies universally, with the same legal effect as all other laws contained in the constitution, treaties, and other enacted statutes?

SECRETARY OF PAROCHIAL CONCERNS

(Glances at the petitioners' table with a curious gesture, then answered truthfully)

Yes. There is equal protection of the law. All legal matters apply to the whole class universally if the law pertains to the reasonable restraints or for the general welfare when a particular segment qualify or covered as the subject matter.

MAIN BARRISTER

(Pleased with the testimony so far)

Right, of course. Mr. Secretary, are you in a position to say that the Treaty of Gawkins, when the Council finds merit in the analogous arguments being made in these proceedings, for which the Treaty may apply in this particular cause of action, should consider all other laws, in particular the principle of unjust enrichment, when making an interpretation of the presented facts and evidence before this honorable Council?

SECRETARY OF PAROCHIAL CONCERNS

(Hard agree)

Yes. Of course.

(The question and answer continued unabatedly, with the partial flow of the transcript as follows):

MAIN BARRISTER

Mr. Secretary, does the parochial concerns, and all other related appointments to the several realms, cover matters related to managing their local economy by imposing trade policies to balance mercantile interests, without actually infringing the flow of goods within the Commission for all intents and purposes, as the real matter that was resolved in the controversy that gave rise to the Treaty of Gawkins?

SECRETARY OF PAROCHIAL CONCERNS

This is a matter reserved for judicial interpretation. But the argument you presented is not unfair, in my honest opinion.

MAIN BARRISTER

Then, you do agree that the imposition any economic policy, such as the imposition of tariffs, does not limit nor prohibit the free-flowing of goods in the established logistics within the Commission that could affect the supply chain?

SECRETARY OF PAROCHIAL CONCERNS

Any commercial policy that permanently hinders the movement of goods violate the Treaty of Gawkins.

MAIN BARRISTER

But it is not unconstitutional for any realm to protect its individual appointments from unjust enrichment. You do agreed with this earlier in your testimony.

SECRETARY OF PAROCHIAL CONCERNS

That is correct.

MAIN BARRISTER

So this means that the Treaty of Gawkins must give full faith and credit to the principles of unjust enrichment while any impairment of the relevant provisions of the Treaty was being alleged?

SECRETARY OF PAROCHIAL CONCERNS

If the commercial policy constructively limit the free-flowing of goods with the same intent of manipulating the supply chain, then it violates the Treaty of Gawkins even though unjust enrichment is being alleged.

MAIN BARRISTER

Of course. It depends on the intent of the instrument. But the Commission recognizes economic freedom in protecting the appointments reserved to the realms, especially if a trade imbalance exists. Do you agree with this statement?

SECRETARY OF PAROCHIAL CONCERNS

Again. This depends on judicial interpretation. The intent of any trade barrier, such as the imposition of tariffs, must be clearly established by the one invoking the provisions of the Treaty of Gawkins.

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