Request for Judicial Review

[Grosseschnauzer]

To The Court of the North Pacific:

As Prime Minister, I am charged as follows:

The following offices shall comprise the Cabinet of The North Pacific Regional Government. Except for the UN Delegate for the Region, the Prime Minister and each Cabinet minister shall have a vote on any Cabinet action. The UN Delegate for the Region, the UN Vice Delegate, each Cabinet-level position, and all other positions established in the Regional Government, has the responsibility to uphold and enforce this Constitution, and to implement and comply with the actions taken by the Regional Government pursuant to this Constitution or The North Pacific Legal Code. Each Cabinet-level position shall have the duties and responsibilities as listed in this Section or as provided elsewhere in this Constitution or in The North Pacific Legal Code. Each Cabinet-level position shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, that position under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.

A - The Prime Minister is the head of the Regional Government. The Prime Minister shall preside at all meetings of the Cabinet. The Prime Minister shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, the Prime Minister under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.

Pursuant to that authority I need to obtain judicial determination whether TNP Law 1, which imposes an oath of office requirement, applies to members of the Regional Assembly once their application has been accepted, and before they begin to exercises any of the rights, powers, and privileges as members of the Regional Assembly. I would note to the Court that at the time TNP Law 1 was adopted, there was no Regional Assembly. I would also note that the oath of application required by the Constitution as a condition of acceptance to membership in the Regional Assembly contains different declarations than the oath prescribed in TNP Law 1.

Likewise, I need to obtain a judicial determination whether ambassadors and other diplomatic appointess are required to comply with TNP Law 1 prior to assuming their duties as diplomatic representatives of The North Pacific. While diplomats are required to be members of the regional assembly, it is also the case that these are appointed officers who serve at the pleasure of the government.

I do not seek an opinion with respect to members of the North Pacific Army, inasmuch as the TNP Law governing the Ministry of Defense, specially imposes a statutory oath on NPA members.

At the time TNP Law 1 was originally enacted, there wasn't a Regional Assembly. However, I believe that the actual language may well apply to Regional Assembly membership, and I am seeking the Court's determination on this matter.

TNP Law 1
Section 1: Scope of Effect

1 - All government officials, including Cabinet Ministers, Deputy Ministers, Prime Minister, UN Regional Delegate, Attorney General, and other offices created through Ministerial Directive, Legislation through The North Pacific Legal Code, or Amendment to The Constitution of The North Pacific, be they elected or appointed to office, to ensure and protect the ideals of Democracy, Freedom, and Regional Security, shall henceforth be required to take the Oath of Office listed in Section 2 of this Act before assuming their elected or appointed role within The Government of The North Pacific.
2 - All Government Officials, as listed in Clause 1 of this Section, shall be required to take the Oath of Office listed in Section 2 of this bill within one week of assuming office. Any Government Officials already in office at the time of this bill's passage shall be required to take the Oath of Office listed in Section 2 of this bill within one week of this bill's passage, or face removal from office, in accordance with Section 3, Clause 2 of this Act.

Section 2: Oath of Office

The following Oath of Office shall be required for all Government Officials, as according to Section 1 of this Act:

QUOTE
I, (insert forum username), do hereby solemnly swear that during my duly elected/appointed term as (insert government position), I will uphold the ideals of Democracy, Freedom, and Justice of The Region of The North Pacific. I will use the powers and rights granted to me through The North Pacific Constitution and Legal Code in a legal, responsible, and unbiased manner, not abusing my power, committing misfeasance, malfeasance, or nonfeasance in office, in any gross or excessive manner. I will act only in the best interests of The North Pacific, not influenced by personal gain or any outside force, and within the restraints of my legally granted power. As such, I hereby take up the office of (insert government position), with all the powers, rights, and responsibilities held therein.

Section 3: Penalties for Violation

1 - This Oath shall be binding on all government officials as previously covered, and violations of said Oath may be ground for indictment of impeachment charges in a legal Court of The North Pacific, pursuant to the guidelines and procedures laid out in Article IV of The North Pacific Constitution, The North Pacific Legal Code, and the guidelines of The Ministry of Justice.

2 - Any Government Official required to take the Oath of Office as listed in Section 1, Clause 1 of this bill that fails to do so within the allotted time set forth in Section 1, Clause 2 of this Act shall be subject to removal from office following a trial as set forth in Article IV of The North Pacific Constitution, The North Pacific Legal Code, and the guidelines of The Ministry of Justice.

I thank the Court for its attention to this matter.

 

[Byardkuria]

The Court takes notice of the petition. Due to the holiday season, and attendant RL responsibilities, the Court shall enter a determination within 7 calendar days from today, December 23, 2006.

 

[Grosseschnauzer]

The Court takes notice of the petition. Due to the holiday season, and attendant RL responsibilities, the Court shall enter a determination within 7 calendar days from today, December 23, 2006.

May Isk what the status is of the determination?

It may have impact on a proposal currently in debate in the regional assembly.

 

[Byardkuria]

Nearing completion.

 

[Byardkuria]

To The Court of the North Pacific:

As Prime Minister, I am charged as follows:

The following offices shall comprise the Cabinet of The North Pacific Regional Government. Except for the UN Delegate for the Region, the Prime Minister and each Cabinet minister shall have a vote on any Cabinet action. The UN Delegate for the Region, the UN Vice Delegate, each Cabinet-level position, and all other positions established in the Regional Government, has the responsibility to uphold and enforce this Constitution, and to implement and comply with the actions taken by the Regional Government pursuant to this Constitution or The North Pacific Legal Code. Each Cabinet-level position shall have the duties and responsibilities as listed in this Section or as provided elsewhere in this Constitution or in The North Pacific Legal Code. Each Cabinet-level position shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, that position under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.

A - The Prime Minister is the head of the Regional Government. The Prime Minister shall preside at all meetings of the Cabinet. The Prime Minister shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, the Prime Minister under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.

Pursuant to that authority I need to obtain judicial determination whether TNP Law 1, which imposes an oath of office requirement, applies to members of the Regional Assembly once their application has been accepted, and before they begin to exercises any of the rights, powers, and privileges as members of the Regional Assembly. I would note to the Court that at the time TNP Law 1 was adopted, there was no Regional Assembly. I would also note that the oath of application required by the Constitution as a condition of acceptance to membership in the Regional Assembly contains different declarations than the oath prescribed in TNP Law 1.

Likewise, I need to obtain a judicial determination whether ambassadors and other diplomatic appointess are required to comply with TNP Law 1 prior to assuming their duties as diplomatic representatives of The North Pacific. While diplomats are required to be members of the regional assembly, it is also the case that these are appointed officers who serve at the pleasure of the government.

I do not seek an opinion with respect to members of the North Pacific Army, inasmuch as the TNP Law governing the Ministry of Defense, specially imposes a statutory oath on NPA members.

At the time TNP Law 1 was originally enacted, there wasn't a Regional Assembly. However, I believe that the actual language may well apply to Regional Assembly membership, and I am seeking the Court's determination on this matter.

TNP Law 1
Section 1: Scope of Effect

1 - All government officials, including Cabinet Ministers, Deputy Ministers, Prime Minister, UN Regional Delegate, Attorney General, and other offices created through Ministerial Directive, Legislation through The North Pacific Legal Code, or Amendment to The Constitution of The North Pacific, be they elected or appointed to office, to ensure and protect the ideals of Democracy, Freedom, and Regional Security, shall henceforth be required to take the Oath of Office listed in Section 2 of this Act before assuming their elected or appointed role within The Government of The North Pacific.
2 - All Government Officials, as listed in Clause 1 of this Section, shall be required to take the Oath of Office listed in Section 2 of this bill within one week of assuming office. Any Government Officials already in office at the time of this bill's passage shall be required to take the Oath of Office listed in Section 2 of this bill within one week of this bill's passage, or face removal from office, in accordance with Section 3, Clause 2 of this Act.

Section 2: Oath of Office

The following Oath of Office shall be required for all Government Officials, as according to Section 1 of this Act:

QUOTE
I, (insert forum username), do hereby solemnly swear that during my duly elected/appointed term as (insert government position), I will uphold the ideals of Democracy, Freedom, and Justice of The Region of The North Pacific. I will use the powers and rights granted to me through The North Pacific Constitution and Legal Code in a legal, responsible, and unbiased manner, not abusing my power, committing misfeasance, malfeasance, or nonfeasance in office, in any gross or excessive manner. I will act only in the best interests of The North Pacific, not influenced by personal gain or any outside force, and within the restraints of my legally granted power. As such, I hereby take up the office of (insert government position), with all the powers, rights, and responsibilities held therein.

Section 3: Penalties for Violation

1 - This Oath shall be binding on all government officials as previously covered, and violations of said Oath may be ground for indictment of impeachment charges in a legal Court of The North Pacific, pursuant to the guidelines and procedures laid out in Article IV of The North Pacific Constitution, The North Pacific Legal Code, and the guidelines of The Ministry of Justice.

2 - Any Government Official required to take the Oath of Office as listed in Section 1, Clause 1 of this bill that fails to do so within the allotted time set forth in Section 1, Clause 2 of this Act shall be subject to removal from office following a trial as set forth in Article IV of The North Pacific Constitution, The North Pacific Legal Code, and the guidelines of The Ministry of Justice.

I thank the Court for its attention to this matter.

30 December 2006

IN THE COURT OF THE NORTH PACIFIC

In the Matter of a Petition for Judicial Determination

(Status of Regional Assembly Members with regard to TNP Law 1)

Before BYARDKURIA, Chief Justice;

It is the opinion of the court that Section 1, Clause 1 of TNP Law 1, to wit:

1 - All government officials, including Cabinet Ministers, Deputy Ministers, Prime Minister, UN Regional Delegate, Attorney General, and other offices created through Ministerial Directive, Legislation through The North Pacific Legal Code, or Amendment to The Constitution of The North Pacific, be they elected or appointed to office, to ensure and protect the ideals of Democracy, Freedom, and Regional Security, shall henceforth be required to take the Oath of Office listed in Section 2 of this Act before assuming their elected or appointed role within The Government of The North Pacific.

does not apply to members of the Regional Assembly holding no other office. The primary determining factor is in the language of the passage itself, namely:

All government officials, . . ., be they elected or appointed to office, . . ., shall henceforth be required to take the Oath of Office . . .

Membership in the Regional Assembly is neither elected, appointed, nor subject to confirmation by anyone other than the Minister of Immigration and Internal Affairs. In addition, language found in other sections of the regional Body of law, such as:

Should any Regional Assembly member believe that the actions of the Delegate, the Prime Minister, or any other official in the Regional Government are inappropriate . . .

The Chief Justice and the Associate Justices shall be Members of the Regional Assembly who shall hold no other office during their tenure as judges.

If and when elected, candidates automatically resign any office they may then hold, other than as a member of the Regional Assembly, unless they have been elected to a consecutive term in that same office.

indicate that the Law does not consider Regional Assembly membership to be equivalent to elected or appointed position, insomuch as it allows (and requires) membership as a condition of, and parallel to, elected or appointed office.

With respect to ambassadors and other appointees, the Court notes the increased responsibilities of such office, as well as the very appointed nature of the position. As such, the Court feels that the Oath of Office requirements of TNP Law 1 should be considered applicable to those positions.

With respect to the language of the Oath of Office given in TNP Law 1 and its variance from the Regional Assembly Oath in Art 2 Sec 2 Clause 4 of the Constitution, the Court does not feel it appropriate to make any determination at this time which language is most appropriate for which roles, and instead refers this question to the Regional Assembly for alteration via standard legislative practice, should it see a need for such.

ENTERED THIS THRITIETH DAY OF DECEMBER, TWO THOUSAND SIX

Byardkuria
Chief Justice of the North Pacific