Who is the Delegate?

Byakhee

Byakhee

TNPer
When going through the posts involved in the ejecting/banning of Tormin I noticed that Tresville did not post anything saying that Tormin should be ejected/banned and wondered about the legal position.
In the constitution the legal authority to ban is firmly with the Delegate, who according to the forum and recent election is Tresville. Was Eluvatar authorised by Tresville to take this action or is Eluvatar still the legal delegate? If Eluvatar is still legally the delegate then of course this affects what Tresville can do during this period, but if Tresville is the delegate then Eluvatar should be getting the agreement from Tresville, or orders from Tresville, to take banning/ejecting actions.
This might well have happened, but I can't see anything at first glance. Of course this should probably be clarified from a legal position relating to the constitution and who officially holds the various legal powers at what times during handover.
 
Elu asked...I suggested he give Tormin 24 hours after he logs into his nation to reply to the TG that Eluvatar left. He replied a few hours after that with a rather unsatisying comment. I believe it was posted here. I gave him the go ahead to kick him.

I can post the IRC chat if you like? Thats usually how we communicate.
 
I must admit that I am satisfied that it was all done correctly, but was more interested in how it fits in with the constitution. Of course it immediately make me wonder how the legal position is covered if anyone takes an issue to the court at handover times.
 
When I log into Nationstates.net and go to See The World and punch in The North Pacific it would appear that the nation belonging to Eluvatar is the Delegate of this region.
 
Yes it does, but in this forum in WA Delegate position it now shows as Tresville and following the election I am seeing that in a lot of the posts that Tresville is taking on the position of Delegate. From the Constitutional position is this correct as I can't see handovers covered in any details? Of course from a practical position Eluvatar still has the power to do what they want within their limits.
 
Byakhee:
Yes it does, but in this forum in WA Delegate position it now shows as Tresville and following the election I am seeing that in a lot of the posts that Tresville is taking on the position of Delegate. From the Constitutional position is this correct as I can't see handovers covered in any details? Of course from a practical position Eluvatar still has the power to do what they want within their limits.
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In all seriousness, it isn't beneficial to the security of the region to have a Delegate simply resign from the World Assembly immediately after an election in order to allow the Delegate-Elect to assume the post. That would leave room for all sorts of chaos.

Therefore there is a transition period in which the Delegate-Elect assumes the role of Delegate insofar as governmental duties go while collecting endorsements in order to take the position ingame.

So, for "legal" purposes it can reasonably be stated that Tresville is the Delegate of the Constitutional government, which is supported by the de facto Delegate, Eluvatar.
 
I understand that, I suppose to a degree I am asking whether their should be something covering the role of the outgoing delegate in the constitution. I must admit I don't know what information is available to WA delegates, but I get the impression that currently Eluvatar can establish the position of any threats to The North Pacific quicker than Tresville and if they think its appropriate take action as required, even if they can't contact Tresville at the time.
 
It is the duty of the sitting Delegate to protect its position in the region and to protect the integrity of its selected form of government and those it represents.

Therefore, I believe it can be reasonably agreed to that if the Delegate-Elect were incommunicado that the sitting Delegate could act in the best interests of the region in the face of clear and present threat to regional security without undue scrutiny.
 
"Ejecting and Banning Sydia from the region would consume about half of your influence. Ejecting but not Banning Sydia would consume a significant amount of your influence. "

Good to know! :D
 
Byakhee:
I must admit I don't know what information is available to WA delegates, but I get the impression that currently Eluvatar can establish the position of any threats to The North Pacific quicker than Tresville and if they think its appropriate take action as required, even if they can't contact Tresville at the time.
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The information is the same for all Delegates. However, due to Toaster and other scripts which we both have available, we both pretty much have access to the same info and can act. The sitting Delegate can just act quicker since I can't push the "Big Red Button." But I can still act in other ways if Eluvatar is away at the time.
 
We're seeing this occur in both the North and the West. It's easy to elect a delegate on the forums, but it takes much longer to actually elect them on NS. Their is no need for formal provisions in the Constitution on the transition, it just takes a while.
 
Actually, it is helpful to legally define the status of the incumbent outgoing delegate and that of the delegate-elect, if only to keep the region defensible during the interregnum.

Of course, we have witnessed that a formal definition is not essential for that, since at least one threat was promptly dealt with by cooperation of Tresville and Eluvatar.
 
Eluvatar is legally the vice delegate as well, so he does have the power to act whenever Tresville is for whatever reason unavailable.
 
Indycar Racing:
We're seeing this occur in both the North and the West. It's easy to elect a delegate on the forums, but it takes much longer to actually elect them on NS.
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In fact, I've seen the same problem in the larger user regions. In the latest Taijitu election, it took awhile for the Delegate-Elect to become the Delegate.
 
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