| Legal Question: Define Delegate |
Your honor,
In regards to my legal question, I would like to familiarize everyone with the Elections Act: Quote:7. Separation of PowersWith that in mind, I refer everyone to the nomination of Aumelodia for Minister of Military Affairs, specifically the decline of those offers. Quote:[Aumelodia]However, if Aumelodia were to accept those nominations, he would, in my view, be in violation of the rule that doesn't allow him to hold the office of the delegate. While he isn't technically the on-site Delegate of Lazarus, our government recognizes the Celestial Union / Government in Exile as the real government... In that government, Aumelodia holds the position of delegate. With that in mind I ask the court this. Does the word "Delegate" mean on-site delegate, or the delegate our government recognizes? Also, if he had accepted the nomination, should the Administration of the Elections prevented him from running? Signed,
![[Image: tspsig.png]](https://cdn.discordapp.com/attachments/323623854591180801/329130815340412930/tspsig.png) Positions:
Legislator of The South Pacific King of Machina, Defence Realm of Illuminati Alliance Citizen of The East Pacific Former Positions:
Overlord of Masterz
Seargant of HYDRA Talon of Firehehlm Munifiex of The Roman Empire ![[Image: rv43j5bZ3p1Rs0A01odvThXy-TLzgwlhUTl_mY9E...66-h654-rw]](https://lh3.googleusercontent.com/rv43j5bZ3p1Rs0A01odvThXy-TLzgwlhUTl_mY9EGkiEks-YKf31JOYzp7pyzeivAZlE_6KpcL0UZes=w1366-h654-rw)
I'm not even going to dip into IC with this brief, since this is obvious. Section 2 says that an individual may not hold more than one office within the Coalition's government. Section 5 would apply, but that refers to equivalent offices - Laz Sovereign and TSP Cabinet anything (except maaaybe PM) are obviously not equivalent. QED.
![[Image: XXPV74Y.png?1]](https://i.imgur.com/XXPV74Y.png?1)
(10-03-2017, 11:02 AM)Roavin Wrote: I'm not even going to dip into IC with this brief, since this is obvious. Section 2 says that an individual may not hold more than one office within the Coalition's government. Section 5 would apply, but that refers to equivalent offices - Laz Sovereign and TSP Cabinet anything (except maaaybe PM) are obviously not equivalent. QED. I'd like to add that I actually think this is an interesting question, if rather limited in its scope. While delegate obviously means delegate in regions (since, we cannot have two WA nations), Roavin's suggestion that the "delegate" of a region in exile is equivalent to our PM seems the most likely conflict. Still, if this person would be elected to our institutions, would be assumption be that s/he would return to their previous region when the rightful government would be restored? Do we follow the elected government's determination on when to stop recognizing a government-in-exile or do we have some other criteria?
-tsunamy
[forum admin]
Your honor,
Not to rush your choice, but when can we expect a ruling on this? Signed,
Positions:
Legislator of The South Pacific King of Machina, Defence Realm of Illuminati Alliance Citizen of The East Pacific Former Positions:
Overlord of Masterz
Seargant of HYDRA Talon of Firehehlm Munifiex of The Roman Empire
High Court
Request for Justification The Court requests the Petitioner to provide justification for the justiciability of the present question. Such justification should be provided no later than October 06 at 18:00 EST. Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Your honor,
Thank you for the response. I will kindly reply shortly. Signed,
Positions:
Legislator of The South Pacific King of Machina, Defence Realm of Illuminati Alliance Citizen of The East Pacific Former Positions:
Overlord of Masterz
Seargant of HYDRA Talon of Firehehlm Munifiex of The Roman Empire
Your honor,
Allow me to first apologize for my delayed response. I've been busy in real life, as well as with my campaign for MoRA. I hope that you will still consider my justification, despite its violation of your allotted time. Now, onto the Justification. Defining delegate in the legal context of elections is important for the obvious reasons stated. As I have said before, this court hesitates to define words, although this is something where it would be extremely important to do so. In my opinion, this is a volouminous dark cloud looming over an otherwise effervescant campaign period. Although Aumelodia withdrew from the race, if he didn't, we'd have a big problem. Elections act states: "(5) No person holding a Cabinet office or the office of the Delegate may hold any equivalent office in a foreign region or organisation." If we accept the statement of TSP's cabinet recognizing the Celestial Union as the legitamete government of Lazarus as true, we must note that Aumelodia would be the legally elected delegate of Lazarus. Delegate in Lazarus is obviously the equivalent of our delegate, but that isn't the problem. I'm sure the court fully recognizes this as true. Moving onto the main problem, we must define delegate. If we take the above as true, Aumelodia would be the legitametly elected delegate of Lazarus, though not the on-site delegate, which one matters? This is the question before the court.. The justification is thus: There is no doubt that something like Lazarus is going to happen again. It's inevitable. We will have this scenario again, and we need to be able to do something about it. Signed,
Positions:
Legislator of The South Pacific King of Machina, Defence Realm of Illuminati Alliance Citizen of The East Pacific Former Positions:
Overlord of Masterz
Seargant of HYDRA Talon of Firehehlm Munifiex of The Roman Empire
@Kris Kringle
Your honor, When can we expect a ruling on this matter? Signed,
Positions:
Legislator of The South Pacific King of Machina, Defence Realm of Illuminati Alliance Citizen of The East Pacific Former Positions:
Overlord of Masterz
Seargant of HYDRA Talon of Firehehlm Munifiex of The Roman Empire
Whereas rolandarmstrong requested this Court that a review be conducted on certain issues related to the interpretation of the law with the following question:
Does the word “Delegate” mean on-site delegate, or the delegate our government recognizes?
Whereas this Court has conducted a careful review of the merits of such a request on the basis of its legal necessity and potential to impact present and future policies.
It is resolved with respect to this Legal Question as follows:
Kris Kringle Permanent Justice Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
The petitioner would like to inform The Court that the proposal is still being drafted with much care.
Signed,
Positions:
Legislator of The South Pacific King of Machina, Defence Realm of Illuminati Alliance Citizen of The East Pacific Former Positions:
Overlord of Masterz
Seargant of HYDRA Talon of Firehehlm Munifiex of The Roman Empire |
| Users browsing this thread: |
| 1 Guest(s) |