Review of Article 5 of the Constitution

After reviewing Article 5 I would say you are required to apply to the SC first before going to the RA for an exemption.

I'd just like to restate that I am sitting this one out due to a conflict in interests.

Subsection 1 states they may apply. That means a person must apply. Once they have applied though, then the RA can act.

Bel, your thoughts on this?

Article 5.1 states that you may apply, but not to whom. However, Article 5.3 states that The Security Council may approve applicants. Vis, you may apply to The Security Council. Reading the order that 5.3 is written in, I can only conclude that it is intended that the application procedure should begin with an application to the SC. When and if the SC rejects the candidature, the RA may vote to overrule it.

Belschaft:

Article 5.1 states that you may apply, but not to whom. However, Article 5.3 states that The Security Council may approve applicants. Vis, you may apply to The Security Council. Reading the order that 5.3 is written in, I can only conclude that it is intended that the application procedure should begin with an application to the SC. When and if the SC rejects the candidature, the RA may vote to overrule it.

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I will draft a ruling.

The Court took into consideration the Inquiry filed here by Kingborough.

The Court took into consideration the Relevant Sections of the Constitution of the North Pacific:

Article 5 of the Constitution:

Article 5. The Security Council

1. Any person who is a member of the Regional Assembly and meets any endorsement and influence requirements determined by law may apply to become a member of the Security Council.
2. The Regional Assembly may exempt a person from Regional Assembly membership or any requirements by a two-thirds majority vote, and may terminate an exemption by a two-thirds majority vote.
3. The Security Council may approve applicants by a majority vote. The Regional Assembly may admit an approved applicant by a majority vote. If the Security Council does not approve an applicant or does not act on them within thirty days, the Regional Assembly may admit the applicant by a two-thirds majority vote.
4. The Security Council will monitor the region’s security and report on it to the public, and enforce decisions of the Regional Assembly to remove the Delegate.
5. The Regional Assembly may establish a line of succession beyond the Vice Delegate among the members of the Security Council by a majority vote. If a new member is admitted to the Security Council, they will be added at the end of the current line of succession. If a member is removed from the Security Council, they will be removed from the line of succession.

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The Court opines the following:

It is the belief of the Court that any person wishing to become a member of the Security Council must first apply to the Security Council before going to the Assembly. While Article 5.1 states that any person may apply but does not stipulate who to apply to it is later implied in Article 5.3. Therefore based on the wording of Article 5.3 and the order of the process listed in 5.3 the following needs to occur:

1. Application to the Security Council.
2. If approved or if the Security Council does not act within 30 days of the application then the Regional Assembly may admit the member.

So therefore the above process needs to be followed for all nations who meet the requirements as laid out in the Constitution or any other law of the region.

I'm not a massive fan of the way you wrote the ruling (though in agreement with it's content) so have drafted my own version;

The Court opines the following:

It is the belief of the Court that any person wishing to become a member of the Security Council must first apply to the Security Council, and that as part of this process their application will later be placed before the Regional Assembly. Whilst the wording of Article 5.1 does not explicitly state who the applicant is applying to, it is the belief of the court that it is made clear in Article 5.3 that the application is directed to the Security Council itself and not the Regional Assembly. Based upon this and on the wording of Article 5.3 - specifically the order in which the process is laid out within Article 5.3 - the court is of the opinion that the following procedure must be followed for applications to the Security Council;

1. Application to the Security Council.
2. Security Council vote on the application
3. Regardless of the result of the Security Councils vote on the application - or if such does not occur within thirty days - the application is moved to the Regional Assembly to be voted upon.
4. Regional Assembly vote on the application. Depending on the preceding stages, either a simple or a a two thirds majority will be required for the application to be approved.

In answer to the specific questions of the petitioner;

Do these clauses make the Regional Assembly able to vote a member into the SC without an application to the Security Council?

No. The exemptions detailed in Article 5.2 apply only to the requirements for membership set out in Article 5.1, not the application procedure established in Article 5.3.

If the above is no, do these clauses make the Regional Assembly able to vote a reject application into the Security Council?

Yes, the Regional Assembly is able to admit an applicant rejected by the Security Council to said body under the terms identified in Article 5.3, namely a two-thirds majority vote in favour.