[PASSED] Minor Military Loophole Fix

[Cretox]

While looking over section 7.6 of the legal code (the part regulating the NPA), I noticed a peculiar little loophole: the legal code doesn't actually say that the North Pacific Army is the region's military. It merely states that the "executive officer charged with military affairs will endeavour to maintain an active and well trained military," then refers to "The North Pacific Army" in subsequent clauses. A malicious delegate could abuse this by renaming the region's military to the "North Pacific Navy" and then ignoring every military regulation we have with no legal consequences. This bill aims to fix that- nothing more, nothing less.

Clause 37 of Section 7.6 "The North Pacific Army" of the Legal Code will be amended as follows:

37. The North Pacific Army is the military of The North Pacific. The executive officer charged with military affairs will endeavour to maintain an active and well trained military, capable of executing both offensive and defensive operations.

Spoiler: Markup

37. The North Pacific Army is the military of The North Pacific. The executive officer charged with military affairs will endeavour to maintain an active and well trained military, capable of executing both offensive and defensive operations.

 

[Fregerson]

No comment, just find it amusing that this might be a possibility.

 

[Tim Kasto]

Can we use this to rename the NPA to "The Peoples Liberation Army of the North Pacific"?

 

[Cretox]

Can we use this to rename the NPA to "The Peoples Liberation Army of the North Pacific"?

People's Liberation Army of the North. That way, we can say stuff like "It's all part of the PLAN."

 

[Tim Kasto]

People's Liberation Army of the North. That way, we can say stuff like "It's all part of the PLAN."

lol

 

[Hulldom]

Well, alright then. Interesting no one caught this until now. I don't see any reason to oppose.

 

[Tim Kasto]

When do I object to the scheduling of the vote? Please ping me @Cretox

 

[Comfed]

It sounds pretty illegal to do that to me, but I see no reason to oppose.

 

[Cretox]

It sounds pretty illegal to do that to me, but I see no reason to oppose.

It's perfectly legal; that's the entire problem.

 

[Comfed]

It's perfectly legal; that's the entire problem.

I see why it's problematic to leave this loophole in the law as you say. I support this, for the record. However, I don't believe that the Delegate doing the thing you said they could do would every be ruled legal in, say, the Court.

 

[Pallaith]

Speaking as a member of the Court - yes, I tend to doubt such blatant flouting of the law would be permitted.

 

[Cretox]

Speaking as a member of the Court - yes, I tend to doubt such blatant flouting of the law would be permitted.

Alright. Good to know the court's able to make sane decisions.

It's still an easily fixable oversight that creates an unfortunate loophole.

 

[Zyvetskistaahn]

I am inclined to agree that this isn’t strictly necessary and that the Court would be unlikely to uphold misuse of the current clause 37. That said, I like the proposal to have the law clearly say the NPA is the region’s military, it feels weird that it doesn’t at the moment.

 

[Cretox]

Since this thread was inactive for a while and seems uncontroversial, I move for a vote.

 

[Caius]

Since this thread was inactive for a while and seems uncontroversial, I move for a vote.

The motion for a vote is noted, Formal Debate has begun and will end in 5 days, ending on (time=1656730800) (your forum time), Voting will then begin for another 5 days.

 

[QuietDad]

Actually, the NPA is not THE army of TNP and never has been, It's currently the ONLY army in TNP but under direction of the delegate or MoD, there is nothing stopping the creation of a Navy, Coast Guard, Air Force or any other service also.

 

[Koopa103]

I propose we rename it The North Pacific Space Force and then claim that we are the controllers of Space in NS.

 

[Cretox]

Actually, the NPA is not THE army of TNP and never has been, It's currently the ONLY army in TNP but under direction of the delegate or MoD, there is nothing stopping the creation of a Navy, Coast Guard, Air Force or any other service also.

No, there isn't, and under the current law, a Navy, Coast Guard, Air Force, or other service would not be subject to the NPA's legal restrictions since it won't be the NPA.

 

[QuietDad]

No, there isn't, and under the current law, a Navy, Coast Guard, Air Force, or other service would not be subject to the NPA's legal restrictions since it won't be the NPA.

Just pointing out that wile the NPA is the only military force in TNP at the moment, it doesn't have to be, As it states, "executive officer charged with military affairs will endeavour to maintain an active and well trained military,". the MoD could technically call it anything they want as well as create a Navy, too.