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The "judicial review" authority vested in the Council of Elders pursuant to Article X of the Mohegan Constition allows the Council of Elders to declare an action of the legislature or chief executive unconstitutional.
The judicial review powers of the Council of Elders may be exercised in two ways: 1) through the provisions of the Law and Order Code which set forth a specific process for the review of decisions of the Tribal trial and appellate courts; and 2) through the authority vested in the Council of Elders pursuant to Article X, Section 2(a), which empowers the Council of Elders to rule over cases and controversies arising under this Constitution and arising under all laws of the Mohegan Tribe but not to issue advisory opinions or decisions in cases which are moot.
An advisory opinion is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. The Council of Elders cannot issue an opinion advising on the constitutionality or interpretation of a law unless it is in the context of an actual dispute between real litigants. In addition, the Council of Elders cannot issue an opinion in a case which has already been decided or resolved prior to the court’s decision. For example, an appeal of a TERO case might be considered moot where the underlying contract dispute is resolved or settled between the litigants while the appeal is pending.
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