reject the Claimants’ submission that section 40 of the Constitution is capable of being breached as described in their statement of case. [87] As it regards the alleged breach of Sections 35 and 8(8) of the Constitution, I am of the view that from the facts as stated in this case there is an issue as to whether the Speaker’s action in declaring the Claimants’ seat vacant warrants judicial intervention.  [88] I am of the view that there are issues raised and matters that are justiciable and should be answered. The first question requires the interpretation of the Standing Orders of the House of Assembly of Dominica as against sections 8(8) and 35(1). The second issue would be the applicability of the legal doctrine of legitimate expectations as it regards the Claimants rights and benefits as elected members of the House. The third question would be whether or not the correct procedure was utilized by the Claimants in informing the Speaker of their intended absence from the House, or whether the Speaker used the correct procedure in all the circumstances of the case. [89] A decision on these questions will have the practical effect of settling the issue once and for all as to whether the Speaker acted within the rules of natural justice or not and whether the correct procedures were used.  [90] There is no other forum in which these legal questions could be determined in an authoritative manner and accordingly I am of the view that there is a Claim for the Speaker to answer as to whether her actions in declaring the Claimants’ seats vacant were in breach of sections 8(8) and 35(1) of the Constitution. THE CLAIM IS MOOT OR ACADEMIC: [91] This Claim was filed one day before the by-election was held to fill the seats declared vacant and the Claimants’ both participated in the by-elections and emerged successful and were returned as the elected representatives of their respective constituencies and were subsequently sworn in and have taken up their seats in the Parliament. [92] Counsel for the Defendant therefore contends that the declarations sought by the Claimants are now moot in that the Claimants have both been re-elected and that they   25