- TNP Nation
- McMasterdonia
This is a proposal by r3n. I suggested that the cabinet formally approve it before introducing the bill to the RA.
Post your approval or lack thereof here.
Post your approval or lack thereof here.
Proposal: Membership Administration Amendment Bill
- Thread starter mcmasterdonia
- Start date
- TNP Nation
- McMasterdonia
Well the RA can override the Delegates decision.
I assume this was drafted in response to Durk's RA application. Take a look at it down the road some, when a future delegate decides to block applicants for purely political reasons. Consider what the court will say when an aggrieved applicant claims the law is unconstitutional, and infringes on his rights.
- TNP Nation
- McMasterdonia
This law was written quite a while ago GBM, around the time Milograd was declared PNG. This allows the RA to have oversight over the Delegates decision, and a member that was denied wouldn't necessarily have the law apply to them as they wouldn't be a citizen. Fair point though.
Oh crap! I forgot where I was. My apologies. 
- TNP Nation
- McMasterdonia
Suggested change:
Membership Administration Amendment Bill
Section 6.1 of the Codified Law of The North Pacific is hereby amended to read as follows,
Membership Administration Amendment Bill
Section 6.1 of the Codified Law of The North Pacific is hereby amended to read as follows,
- TNP Nation
- McMasterdonia
Here is our reasoning for this bill:
Currently there are very limited legal means for denying a Regional Assembly application. This became apparent in the recent application of King Durk the Awesome: several members noticed there that, even if TNP wanted to deny the application, this would only be possible if he were proxying or a judicial penalty were in place. We believe that it is necessary to expand the means available and allow the Executive to block applications, for instance in the case of individuals that have been declared PNG and for other security related matters.
This bill introduces the possibility of a Regional Assembly application being blocked by the joint decision of the Delegate and Vice Delegate. The reasons for this joint approval system are twofold. First, allowing the Delegate alone to be able to block applications at discretion would be very prone to abuse; indeed a Delegate could start blocking applications for political reasons, say around election time. The need to also secure the approval of the Vice Delegate to exercise this power ameliorates this risk. Second, involving the Vice Delegate in the process brings in the perspective of the Security Council, the body entrusted with the security of the region. Sharing the authority to block applications between the Delegate and Vice Delegate works as both a stringent check of power and a way to more effectively counter security risks to the region.
It is important that we maintain The North Pacific an open, democratic, and transparent region. For this reason, we have made allowances for the democratic control on the joint Delegate-Vice Delegate authority in this matter. Under the proposed bill, ultimate control of Regional Assembly applications remains in the hands of the Regional Assembly at large. This is achieved by a mechanism similar to the method used to check upon the Delegate’s power to veto legislation: the Regional Assembly may override a block on an application by a majority vote.
We believe that the bill enhances the mechanisms we have available to reinforce our sovereignty and maintain the region and the Regional Assembly secure. The proposed mechanism ensures that this is done in a way resistant to abuse and under strict democratic control. In the end, a person is denied membership in our Assembly only if doing so is viewed as acceptable by a democratic majority of our members.
Currently there are very limited legal means for denying a Regional Assembly application. This became apparent in the recent application of King Durk the Awesome: several members noticed there that, even if TNP wanted to deny the application, this would only be possible if he were proxying or a judicial penalty were in place. We believe that it is necessary to expand the means available and allow the Executive to block applications, for instance in the case of individuals that have been declared PNG and for other security related matters.
This bill introduces the possibility of a Regional Assembly application being blocked by the joint decision of the Delegate and Vice Delegate. The reasons for this joint approval system are twofold. First, allowing the Delegate alone to be able to block applications at discretion would be very prone to abuse; indeed a Delegate could start blocking applications for political reasons, say around election time. The need to also secure the approval of the Vice Delegate to exercise this power ameliorates this risk. Second, involving the Vice Delegate in the process brings in the perspective of the Security Council, the body entrusted with the security of the region. Sharing the authority to block applications between the Delegate and Vice Delegate works as both a stringent check of power and a way to more effectively counter security risks to the region.
It is important that we maintain The North Pacific an open, democratic, and transparent region. For this reason, we have made allowances for the democratic control on the joint Delegate-Vice Delegate authority in this matter. Under the proposed bill, ultimate control of Regional Assembly applications remains in the hands of the Regional Assembly at large. This is achieved by a mechanism similar to the method used to check upon the Delegate’s power to veto legislation: the Regional Assembly may override a block on an application by a majority vote.
We believe that the bill enhances the mechanisms we have available to reinforce our sovereignty and maintain the region and the Regional Assembly secure. The proposed mechanism ensures that this is done in a way resistant to abuse and under strict democratic control. In the end, a person is denied membership in our Assembly only if doing so is viewed as acceptable by a democratic majority of our members.