| Legal Question: CoA powers when cabinet does not act |
Under The Legislator Committee Act, does Article 4 section (1) "Upon passage of this bill, the sitting Chair of the Assembly shall automatically become the initial member of the Legislator Committee." give the sitting CoA Nakari the power to review and approve Legislator applications until such time as a the cabinet appoints and the Assembly approves a Legislator Committee?
I note that this would be in keeping with the Charter's Article IV procedures in place prior to the passage of the Legislator Committee Act, and contend that the CoA has this power in the absence of cabinet action to implement the new Act. I am concerned that leaving applicants in administrative limbo violates the express spirit of the law that applicants will be reviewed within one week and effectively is giving cabinet a power to deny members the right to vote or run for office in the January campaigns without any legal recourse. Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services
I believe the law refers only to the sitting CoA at the time of passage of the bill. At that time Sandaoguo was still the sitting CoA. I was chosen for a position that everyone knew would not include legislator applications - as much as I would like to help clear the backlog, the intent was never to give me that power.
(12-26-2017, 05:32 AM)nakari Wrote: I believe the law refers only to the sitting CoA at the time of passage of the bill. At that time Sandaoguo was still the sitting CoA. I was chosen for a position that everyone knew would not include legislator applications - as much as I would like to help clear the backlog, the intent was never to give me that power. I believe we ascribe to a principle that "the law is what the law says"... to me that means the approval power is invested in the position not the person. Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services
The law is extremely clear on the subject.
"Upon passage of this bill," Meaning the clause applies exactly once, at the moment the Act passed. "the sitting Chair of the Assembly" The sitting Chair at the time this section came into effect, which was Sandaoguo, would be made a member of the committe.
(12-26-2017, 09:37 AM)Farengeto Wrote: The law is extremely clear on the subject. Except that technically he resigned at the same time voting closed... meaning the argument could be made that at the time of passage there was no sitting CoA. Or are we to assume that the close of voting resulted in the immediate and simultaneous coming into force of the law, even though it was not announced and posted to the law archive as passed until 12-18-2017, 10:20 PM, some 10 days later (obviously owing to the vacancy in the CoA position)? I argue that the principle of minimal disruption in our Charter (VIII. - 5. The High Court may reconcile contradictions within the Charter, constitutional laws, and general laws, maintaining the least amount of disruption to the intended purposes of the contradictory parts.) would allow a high court ruling affirming the responsibility of the sitting CoA to perform the administrative function of processing legislator applications until the cabinet appoints and the assembly affirms a new Legislative committee would seem appropriate, since, as we all agree, the intended purpose was to have the CoA continue this duty until a committee was in place. A government should not cease to function due to the departure of one person. Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services (12-26-2017, 09:50 AM)Volaworand Wrote: Or are we to assume that the close of voting resulted in the immediate and simultaneous coming into force of the law, even though it was not announced and posted to the law archive as passed until 12-18-2017, 10:20 PM, some 10 days later (obviously owing to the vacancy in the CoA position)? Yes.
(12-26-2017, 10:54 AM)nakari Wrote:(12-26-2017, 09:50 AM)Volaworand Wrote: Or are we to assume that the close of voting resulted in the immediate and simultaneous coming into force of the law, even though it was not announced and posted to the law archive as passed until 12-18-2017, 10:20 PM, some 10 days later (obviously owing to the vacancy in the CoA position)? And a legal precedent exists outlining the timing of coming into force of new laws where exactly? Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services
The implication is certainly that the bill passes into law when the vote is over. Either way, I'm not going to process legislator applications when I don't have the administrative ability to, and when I don't think it's legal. I will wait for the legal question to be answered - since it won't be answered since 1st January at least, I expect there will be someone on the legislator committee by then who is legally able to accept legislators.
Assumming Cabinet acts, then yes, this question might become moot.
If they don't act I wanted to ensure this was filed beforehand to clarify that in the event of one person's unexpected resignation, the approval power continues to exist within government. Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services
Volaworand is invited to present their legal question as an actual question, since the Court is struggling to comprehend it as currently written. It will also appreciate confirmation of their intention to continue to pursue this question.
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 |
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