(ii) “…To examine” the circumstances of the case to determine if it is worthwhile to allocate scarce judicial resources to resolve the moot issue” (iii) “ to be sensitive to the effectiveness or efficiency of judicial intervention and demonstrate a measure of awareness of the judiciary’s role in the political framework” [99] Learned Counsel, Mrs. Baron- Royer, made reference to the cases from our jurisdiction that have declined to decide on issues which were purely academic in nature in support of her submission in this regard33.   [100] Counsel’s further submission raised the following issue: whether there were collateral consequences of the outcome which will provide the necessary adversarial context? In other words, do the circumstances of the case at bar “have some practical effect on the rights of the parties notwithstanding that it will not have the effect of determining the controversy which gave rise to the action?”34  [101] Learned Counsel, Mrs. Baron- Royer, submitted that the Claimants are asking to the court to declare that the Speaker’s action of declaring their seats vacant was unconstitutional null and void and of no effect, they are also asking this court to quash that decision and to declare that they have not ceased being lawfully elected members of the House as returned on the 19th December, 2009. Further that the Claimants are asking that the subsequent election writ issued by the President of Dominica was unconstitutional null and void. The factual situation in this regard is that the Claimants have since taken part in the said by-elections and won their respective seats and have taken up their positions in the House. That if the court were to make the declaration sought then the court would in effect be setting aside the by-election which has taken place as the consequence of the declaration that the elections writ for the by-elections was null and void. That in essence this would be challenging the validity of the by-election which could 33  Attorney General of St Lucia, Monica Joseph –v‐ Dr Vaughn Lewis, Civil Appeal no 12 of 1997 (St Lucia),  Lalibai Pagarani et al –v‐ I Choithram International S.A. et all Civil Appeals numbers 10,11 and 15 of 1997  of the Virgin Islands.  34      28

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