Formal Judicial Review Request

Westwind

TNPer
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In Accordance with The North Pacific Constitution, I hereby formally request a Judicial Review of Cabinet inaction and inactivity. Is the Cabinet, and or individual Ministers, in violation of their Oath to uphold the Constitution ?

Section 8. Right to Judicial Review.

A - Any nation may request the Court to review any statute, law, or other government action to determine whether that action, statute, or law is in conformity with or is in violation of a provision of this Constitution.

On November 10, 2007, Prime Minister Haor Chall resigned.
http://z13.invisionfree.com/TNP/index.php?showtopic=3847

According to the TNP Constitution, the Cabinet is to nominate a new Prime Minister to the Regional Assembly within 7 days:

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.

Speaker of the Regional Assembly Grosseschnauzer, has stated repeatedly that the Cabinet has not nominated a new Prime Minister due to impending voting on Constitutional proposals, and now the wait for a result from the Cabinet on the matter. However, I am aware of no provision that allows the Cabinet to override the Constitution to delay taking action in the matter.

The Speaker claims Cabinet collective authority of the office of Prime Minister continues, regardless of inaction on this constitutional matter. I do not recall seeing any official statement by the Cabinet on the matter. Mearly inaction.

Furthermore, there remain vacant Ministry positions that have not been addressed.

Further, there stand open Deputy Minister positions. The Constitution states that Ministers must appoint Deputies within 7 days of election and/or vacancy.

7) All Ministers are required to appoint a Deputy Minister within seven days of their election, or upon a vacancy in, or a resignation of a Nation from, the office of a Deputy Minister.

Also worthy of mention is the vacant position of Vice Delegate. And that elections are now one month overdue.

While I understand and appreciate the position that there may be little point to filling positions when a new constitution and government may be forthcoming, the very fact that the finalization of such a new constitution remains in questions begs for enforcement of the existing Constitution. A new constitution has been proposed on the basis of inactivity and the failure of bureacracy in The North Pacific, the very reasons that we need a fully staffed and active government in place now. The region should not be forced to wait for a possibility that is not guarenteed, to take action to maintain the life of the region.

Thank you for your time and consideration.
 
With the ratification of the new Constitution, replacing the old, I withdraw my request.

Thank you.
 
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