Request for Review on Arms, Flag, and Seal

Cormac

TNPer
TNP Nation
Cormactopia III
Discord
Cormac#0804
A controversy has recently arisen over whether or not nations of The North Pacific can fly the regional flag given that the flag contains within it the coat of arms, in light of Section 7.1, #4 of the Legal Code:

4. The arms of the North Pacific may not be used except to represent the North Pacific or an official regional entity.
Could the Court provide clarification on the following issues:

1. Does Section 7.1, #4 of the Legal Code contradict the following clause from paragraph #2 of the Bill of Rights:

2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region.
2. Does Section 7.1, #4 of the Legal Code prohibit anyone who is not "an official regional entity" from flying the flag simply because it contains the coat of arms, despite the Legal Code containing no explicit prohibition against flying the flag?

3. Can nations of The North Pacific who are not "an official regional entity" legally fly the flag of The North Pacific?

Thank you.
 
The Court will review this matter. The Court will keep this discussion open for 24 hours for anyone wishing to submit a Brief.
 
Ruling of the Court of the North Pacific
In regards to the Judicial Inquiry filed by Cormac Stark on the Usage of the Arms, Flag, and Seal of the North Pacific

The Court took into consideration the Inquiry filed here by Cormac Stark.

The Court took into consideration the Relevant section of the Legal Code of the North Pacific:

Section 7.1: Arms, Flag, and Seal
2. The following arms as designed by ThelDRan and revised by Eluvatar and Gulliver is adopted as the coat of arms of the North Pacific:
arms.png

3. Each institution in the North Pacific's government may establish for itself a seal which uses the arms of the North Pacific.
4. The arms of the North Pacific may not be used except to represent the North Pacific or an official regional entity.
5. The following flag, as designed by ThelDRan and revised by Eluvatar and Gulliver is adopted as the official flag of the North Pacific:
flag.png


The Court took into consideration the Relevant sections of the Bill of Rights of the North Pacific:

Bill of Rights:
2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under the Constitution.

The Court opines the following:

As to the first question posed to the Court: "1. Does Section 7.1, #4 of the Legal Code contradict the following clause from paragraph #2 of the Bill of Rights."

The answer to this question would be no. The Legal Code does not infringe on a nations right to the Freedom of Press, speech, and free expression of religion.

As to the second questions posed to the Court: "2. Does Section 7.1, #4 of the Legal Code prohibit anyone who is not "an official regional entity" from flying the flag simply because it contains the coat of arms, despite the Legal Code containing no explicit prohibition against flying the flag?"

No it does not. The Legal Code specifically lists both the Coat of Arms and the Flag of the North Pacific as separate items. It is the belief of the Court that just because the flag contains an image of the Coat of Arms does not make the flag THE Coat of Arms. Therefore to be quite clear nations may fly the Flag of the North Pacific but may not fly the Coat of Arms of the North Pacific.

As to the third question posed to the Court: "3. Can nations of The North Pacific who are not "an official regional entity" legally fly the flag of The North Pacific?"

Yes the requirement established in the Legal Code only states that the Coat of Arms may not be used unless by "an official regional entity". As the Court has stated above the Flag and Coat of Arms are two separate items and not one and the same.
 
If the court hadn't used the roundabout with the coat of arms distinction, I wonder what their ruling would have been. Interesting ruling.
 
I'm sorry, roundabout? The law is very clear. The Coat of Arms is the Coat of Arms and the Regional Flag is the Regional Flag. Regardless of what the intent was, the law is written that way in plain English.

On the other hand, Elu, did you really intend to make it a crime for TNP citizens to fly their own region's flag?
 
Blue Wolf II:
I'm sorry, roundabout? The law is very clear. The Coat of Arms is the Coat of Arms and the Regional Flag is the Regional Flag. Regardless of what the intent was, the law is written that way in plain English.

On the other hand, Elu, did you really intend to make it a crime for TNP citizens to fly their own region's flag?
Erm, let me show you why it is a roundabout.

See here: http://www.nationstates.net/nation=unibot_iii
 
I grow concerned that RA members continually run to the courts versus suggesting changes within TNP's legal code/Constitution.

Traveling down this road is very dangerous.
 
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