question to the AJ/MOJ

Flemingovia

TNPer
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I am not sure whether this is an appropriate question to ask the AJ, but I am unsure who else to ask.

At the moment we are in a runoff situation for the position of Prime Minister, and will not have a PM at least until 9th September, assuming there is a clear winner then.

In the meantime, our government finds itself without a head and, should a crisis arise, the cabinet has nobody to provide leadership.

This would not be too much of a problem in any other ministry, but the PM is THE key person in out government

So I suppose my question is: in the opinion of ministry of Justice, who is in charge at the moment?
 
*raises hand*

O - O - I know! Kirby is in charge until a new guy is certified by Elections. Since Polts has nobly and selflessly withdrawn from the race, despite his excellent showing, that would be Haor Chall.
 
For this question, we go back to the Constitution for guidance. Article 3, Section 2, Subsection 2, Paragraph B states (emphasis mine):

B - In the event of a vacancy in the Office of Prime Minister, the Cabinet shall nominate a new Prime Minister, from among any of the Nations that meet the eligibility requirements for election, within seven days. The designation of the Nation nominated by the Cabinet is to be confirmed in a referendum of the Regional Assembly, in which a quorum participates, through a motion of confirmation. The nomination and referendum election shall be conducted as expeditiously as practicable. The Nation nominated for Prime Minister shall meet all qualifications for the office, and the nominated Nation is subject to any and all limitations for service provided in this Constitution or The North Pacific Legal Code. During the interim period between the creation of the vacancy in the office of Prime Minister and the confirmation and installation of a successor to the office of Prime Minister, the Cabinet shall collectively have the authority to exercise the duties and responsibilities of the office.

It does appear that this particular section was written with a resigned PM in mind. Of course, the difference is that we WILL have a PM soon, and our need is only temporary. However, this can serve as a good model, and there appears to be no attenuating reason why this passage cannot cover any period where we lack someone serving as a PM.

Therefore, in my opinion, the Cabinet as a whole holds the authority of the Prime Minister in the interim. As far as I'm concerned, this can be carried out legally in two ways. One is where the Cabinet carries out the Prime Ministerial duties through majority vote on each issue that comes up. Another would be where the Cabinet appoints a Prime Minister Pro Temp (likely from within the Cabinet ranks) who would carry out the Prime Ministerial duties.
 
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