Thread by @mrobsiye

🧵 “Somalia’s Looming Constitutional Crisis”

Does the Constitution allow for the dismembering & fracturing of established provinces (i.e. whole regions)?

Let’s analyze the highest law of the land: #Somalia’s Provisional Constitution.

The Constitutional requisite for establishing a FMS (federal member state) is:

“Based on a voluntary decision, two or more regions may merge to form a Federal Member State.” 

– Provisional Fed. Const. June 12, 2012, art. 49, §6 (Som.).

We must utilize the legal technique known as “statutory interpretation” to properly analyze and interpret this law.

The “Plain Meaning” rule is one of the cannons of construction (a vital legal doctrine used to interpret and apply laws).

“Plain Meaning” stipulates that the words used in the statute should be understood how a “reasonable & ordinary” person would interpret them.

It also holds that if the words in the statute are “clear & unambiguous,” then no further interpretation or inquiry should be sought.

Another cannon of construction we need for our analysis is “Noscitur a Sociis” (it is known from its associates).

“Noscitur a Sociis” provides guidance to ambiguous terms by reference to words associated with the rest of the statute.

When we use the plain meaning of the word “more” & reference it with the words associated in Article 49(6) of the Constitution, it is evident that “more” does not mean bits & pieces of regions.

The legal interpretation of “two or more regions” means two or more whole regions.

To interpret the Constitution to mean anything else is intellectually dishonest.

Thus, a FMS needs 2, 3, 4, etc. whole regions to legally establish its jurisdiction.

It is unconstitutional to claim bits & pieces of a region; a FMS must claim jurisdiction of the whole region.