Ruling on appointment of vice delegate

Cakatoa

Cakatoa

TNPer
On October 1, 2011, then Attorney General Eluvatar asked the Court of The North Pacific to issue a judicial opinion on whether the Delegate has the legal authority to appoint an interim Vice Delegate prior to holding a special election. The Court of The North Pacific has reached the following ruling.

Regarding vacancies in elected offices:
TNP Law 26:
"Vacancy" in an office or position occurs when the holder of an elected office or position resigns, is removed, abandons, or is recalled. Vacancies are filled through a special election unless an special election cannot be completed prior to the beginning of the general or judicial election cycle; or in all cases pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, the Legal Code, or by rule adopted by the appropriate body.
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TNP Law 26:
1. A special election shall be held in the event of a vacancy in any elected office or position in accordance with this Law. A special election cycle shall last for no more than fourteen days, which must be completed prior to the beginning of the next election cycle for the vacated office or position.
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Regarding who constitutes a member of the "Executive":
Constitution:
3. The Delegate is responsible to ensure the good governance of the Executive Branch of TNP and may appoint and remove at will executive officers from the Assembly to serve at his pleasure. Executive officers must maintain membership in the Assembly.
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Bold mine.
TNP Law 29:
b) The Delegate and the Executive officers appointed by him or her shall be delegated the task of informing the Assembly of any governmental action not already disclosed by the respective officers of the Executive.
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Bold ours.

Regarding the importance of the Vice Delegate to regional security:
Constitution:
8. In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.
9. The duty of the Vice Delegate is to have the second highest endorsement count. The Delegate shall exercise discretion in banning nations whose endorsement count exceeds that of the Vice-Delegate.
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Regarding existing laws on Delegate succession:
Constitution:
3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.
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The Court notes that since the establishment of this Constitution, none of the provisions in this section have ever been used.

Given all of this information, the Court believes that the Security Council does have the authority to establish an order of succession which needs to be ratified by the Assembly, and there should be that list in order to ensure that proper security is maintained pending a Special Election. As far as the Court can see, the Delegate does not have the authority to unilaterally designate an interim Vice Delegate, given that the office does not fall under the Executive Branch.

The Court rules that the Security Council draft an order of succession under the legal apparatus of Article V, Section 2, and allow the Regional Assembly to ratify said order of succession.
 
The Court rules that the Security Council draft an order of succession under the legal apparatus of Article V, Section 2, and allow the Regional Assembly to ratify said order of succession.
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Court doesn't really have that authority to order legislation be drafted?
 
Govindia:
The Court rules that the Security Council draft an order of succession under the legal apparatus of Article V, Section 2, and allow the Regional Assembly to ratify said order of succession.
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Court doesn't really have that authority to order legislation be drafted?
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Agree... Also this line of succession is not permanent... The constitution specifically states that this line of succession shall be time to time.

Also how does the court not find that the Vice Delegate position is not in the executive branch of government?
 
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