[For Release] The North Star - Issue XXXVII, June-July 2024

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[b][color=#1D2C7C][size=200]Issue Number[/size][/color][/b]

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[box][b][size=175]Editor's Note[/size][/b]

[align=justify][size=110]Dear readers,

I’m back yet again. It’s been a little while, hasn’t it? Even though I served as Minister of Communications last term under former Delegate Kaschovia, I was rather absent due to real-life circumstances, but I have returned. Thank you to the lovely staff members who’ve helped me create yet another high-quality issue of NationStates’ premier newspaper: The North Star. Due to various delays and editorial challenges during the development of this issue, it has been combined with the July edition of TNS. We’re already working on the next issue so expect to see that at the end of August.

This issue features a host of interesting articles. We start with a recap of the very successful Pride Prom hosted by The North Pacific and our close ally The Wellspring, written by our Delegate Simone. Following that, Minister of Defence Picairn presents an article detailing the various operations and activities undertaken by the North Pacific Army. We continue with a more musical twist, featuring an article written by Kaschovia, describing how the Northern Chess Championship and Music Monday Album Contest went. We end with a detailed article describing 7 landmark judgments, written by SkyTheAquarius. Very interesting! We hope you enjoy reading our amazing work!

I, once again thank all the staff members who helped provide the content for this TNS issue, in particular Simone, Picairn and Kaschovia who managed to deliver in a commendable fashion despite the strict deadlines. I would also like to thank the former Minister of Communication Arafuttio for his exceptional service to the North Pacific. I’m honoured to take over from an absolutely brilliant contributor to the executive, I hope I do your talents justice. To all our readers, thank you for continuing to enjoy our hard work. We wouldn’t be here if it weren’t for you.

Cheers,

[nation]Halsoni[/nation]
[b]Minister of Communications[/b][/size][/align]
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[box][anchor=ARTICLE1][b][size=175]Pride Prom Celebrations[/size][/b][size=120][tab=10]by [nation]Simone Republic[/nation][/tab][/size][/anchor]

[align=justify][size=110]The Wellspring and The North Pacific jointly hosted this year's inaugural Pride Prom from June 10th to 17th. This decision emerged from discussions at the senior levels of the two closely linked regions, and an administration was quickly assembled, consisting of Kaschovia, NutmegTheSquirrel and Simone Republic representing The North Pacific, and 9003, Icarus and Turbiatop representing The Wellspring. The teams were quickly expanded on both ends. 58 members (on the count of the author) joined in this event and the author of this article (speaking in this instance and throughout the article in a personal capacity rather than as the Delegate of The North Pacific), believes that future events will generate even stronger support.

[b]The Organizers[/b]

The Wellspring’s close relations with The North Pacific need no introduction, given the historically close relationship and the Treaty of the Northern Wells. Early on, it was decided that the event would be branded as “TW-TNP Pride Prom” given that there were probably more organizers doing much of the set-up work coming from The Wellspring than from The North Pacific. As an example, the pink colour theme and poster were designed by Icarus after many hours of hard work.

Icarus, for readers of The North Star who are less familiar with them, has been in NationStates since May 2020. They started their career in the now-defunct region of Social Technocratic Union before moving to the region of Caer Sidi, where they were the leader of their executive and then rotated through a wide variety of positions within that region. Icarus later switched to our ally, Europeia, where they became their equivalent of our Minister for Radio, Grand Admiral of the ERN, before being elected President of Europeia in November 2022. Icarus has also helped out in TNP as Minister of Defence briefly, although they had to resign due to time constraints.

The election of the new leader of the executive (Archmage) of The Wellspring prior to the start of the Pride Prom brought Turbiatop to the front of the organization of this event, and to some extent replacing 9003, whom residents of The North Pacific and regular readers of The North Star would know is a prominent and well-respected member of The North Pacific and remains in the cabinet of the The North Pacific as the Lead Gameside Advocate. Turbiatop probably needs no introduction, having had numerous roles, including Vice-Delegate of The Wellspring and ministerial posts in Europeia over the years.

[b]Opening Remarks[/b]

The actual events were hosted on a separate server on Discord. For scheduling reasons, it was brought forward to be a tad earlier than EuroPride (which has been around for longer) to avoid the two events conflicting. 9003 gave the first opening remarks on behalf of The Wellspring, which are reproduced below:

“To The Wellspring, The North Pacific, and our allies and guests, As we gather in this Discord server over the next week (and a bit), let us all recognize the vibrant spectrum of identities that enrich the NationStates community. Pride Month is not just a celebration of love and freedom; it is a powerful affirmation of equality and dignity. It is a time to honor the courage of those who have fought for the rights of the LGBTQIA+ community and to commit ourselves to the ongoing struggle against discrimination and injustice. By supporting Pride Month, The Wellspring and The North Pacific stand in solidarity with a movement that champions the fundamental human rights of all, regardless of whom they love or how they identify. As part of our Pride Month festivities, we are excited to host a Pride Prom filled with awesome games and competitions. Join us for an unforgettable celebration as we come together in unity and joy. Check out the ⁠card competition start now! Or if you are more of a writer look in the ⁠writing competition plus so many more cool and fun things! To be able to talk and see more channels make sure to check out ⁠pick-your-flavors-here-reaction…! Welcome one and all.”

Turbiatop also gave very moving opening remarks for the Pride Prom. “To The Wellspring, The North Pacific, and our allies and guests, I also come here today to say thank you for coming to our festival to celebrate everything that is all about pride, friendship, and the courage and bravery LGBTQIA+ people have in getting out of the closet and being themselves in this world we live in. They all deserve our respect, kindness, and integrity to treat them as equal people, the same as everyone else. It is also a time to celebrate our partnership between TNP -TNP and our potential future relations in the future as treaty partners to each other and allies at heart. We respect how the TNP community is set up, how they do things, and champion democracy in the world of NationStates. They are the region we should desire in terms of democracy for other regions to strive to have to make sure all members of the NationStates world have their voices heard. I am happy to see this festival happen, the beginning of a term as Archmage of The Wellspring for me, and a fruitful future for everyone. Cheers to all who are here!”

For The North Pacific, the Delegate Simone Republic gave the following remarks: “To The Wellspring, The North Pacific, and our allies and guests today, As we gather in this Discord server over the next week (and a bit), let us all recognize the vibrant tapestry of identities that enrich the NationStates community. Pride Month is not just a celebration of love and freedom; it is a powerful affirmation of equality and dignity. It is a time to honor the courage of those who have fought for the rights of the LGBTQIA+ community and to commit ourselves to the ongoing struggle against discrimination and injustice. By supporting Pride Month, TW and TNP stand in solidarity with everyone who champions the fundamental human rights of All of Us. Welcome all!”

[b]Events[/b]

The Pride Prom offered a large variety of events, starting with a movie night hosted by the Minister of Culture, Prydania. It also marked the start of three separate sets of competitions: cards, writing, and prom soundtrack competitions. Q&A sessions were arranged with Koopa, The North Pacific’s current Minister of Radio, and NutmegTheSquirrel, The North Pacific’s former Minister of Culture. Many games competitions were arranged, including Gartic Phone with Ostonives and Board Games Night with Icarus.

On the more academic side, Simone Republic presented a paper called “History of LGBTQIA+ Rights in the NSUN Era," which contains original research on the resolutions passed in the old “NationStates United Nations” era, which started in 2003 and ended in 2008, when it “exploded in a fireball” (after a cease-and-desist letter from the actual United Nations). There are some particularly notable moments, as some of the resolutions were way ahead of their time before the expansion of LGBTQIA+ rights in the United States, for example, and before former presidential candidates such as Barack Obama supported marriage equality. The full paper is available on The North Pacific University site.

[b]Closing Remarks[/b]

The closing remarks were delivered by Turbiatop for The Wellspring and Simone Republic respectively. Turbiatop remarks were as follows: “Hello all, thanks for taking part in the Pride Prom. It has been a lot of successful days with cool games, movies, and community engagement coming from you folks.' We have conveyed the epitome of celebration of pride and LGBTQIA+ in a festival and NationStates. I enjoyed seeing all the cool music created for playlists, people enjoying the movies, and the fun moments we had together. I am happy to say, we had a great 1st successful pride prom event. I personally want to thank a few great people who helped to plan and run this event together. First is 9003 - for being a great Archmage of The Wellspring as a predecessor and helping to set up this Pride Prom together as The Wellspring. Icarus - is also a special mention for always being here to share ideas, push activity forward as the activity pusher, and bring great vibes and energy to any festivals she partakes in. Thank you, Icarus for always being a great vibe. A huge thanks and help to fellow Delegate Simone Republic - they have suggested an idea for a cultural event between us and enabled TW-TNP to actually work and partner together to make this happen. You are the reason why this was created and started. Thanks to NutmegTheSquirrel - for being a Culture minister to help add, get volunteers, and help coordinate with people in the TNP culture ministry to get this happening. Thanks for getting the human pool resources here. This is a huge appreciation and thanks to the biggest helpers of the festival and I couldn’t have done it without them. There is one final moment of huge appreciation; it’s to you guys the community for joining and participating in the festivities. You are the ones who couldn’t have made this possible because we wouldn’t have anyone joining regardless. Thanks for being patient and participating in our festival. That makes me so happy to see. Now, I’ll be signing off!”

Simone Republic, as Delegate of The North Pacific, gave the following remarks: “Hello all, and to echo the statement from Turbiatop - thank you all for joining in the TW-TNP Pride Prom. The event has been a great success, a demonstration of our joint commitment towards LGBTQIA+ and to each other as regions. Personally, I would also like to thank the organisers, 9003, Icarus, and Turbiatop representing TW in this instance, and on the TNP end our team members (again, in alphabetical order), Kasch, Koopa, NutmegTheSquirrel, Ostonives, Picairn, and Pry Again, I would also like to thank all of the (on my count) 58 people who joined our inaugural Pride Prom. There's no community event without community, and many thanks for coming and hope you all had fun. I hope this will be an annual event in the future and look forward to many many years of continued success.”

[b]Conclusion[/b]

Overall, the inaugural TW-TNP was a great success, with 58 participants. In the view of this author, Pride Month celebrations across the globe have once again highlighted the vibrant diversity and unwavering spirit of the LGBTQIA+ community. These gatherings not only serve as a beacon of hope but also as a reminder of the work that remains to be done in the journey towards inclusivity for all. Pride Month is a testament to the progress made and the enduring commitment to a future where everyone can live authentically and freely. The author, speaking both personally and on behalf of The North Pacific, hopes that future Pride Proms will be even more successful than 2024.[/size][/align]
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[box][anchor=ARTICLE2][b][size=175]NPA Activity Surges[/size][/b][size=120][tab=10]by [nation]Picairn[/nation][/tab][/size][/anchor]

[align=justify][size=110]The summer season has long been a source of concern for many within The North Pacific’s government, a time when activity slows down and participation becomes sporadic, with debilitating effects on the completion of vital projects. Yet, despite the dreaded summer lull, the North Pacific Army has performed exceptionally well and exceeded expectations in the first two months of the term, thanks to the combined efforts of Minister of Defense, Picairn, his team of deputies, the High Command, and other officers and soldiers.

In May, General Rom kicked off the term with two back-to-back detag and tag runs on May 16th’s minor and May 17th’s major. The detag operation proceeded smoothly, restoring nine regions to their native states despite a noticeable slowdown in NS loading speed. The tag raid, however, was brilliantly executed as the NPA managed to capture seven regions, despite having only two updaters present and being chased by defenders from start to finish – a testament to Rom’s triggering skills.

Shortly after, from May 18th to May 19th, the NPA launched its first iteration of Operation Solar Storm, a delegate capping run of BoM's holdings and trophy regions, followed by the NPA's rapid mobilisation to defend The Wellspring (TW) against a potential invasion. Solar Storm I was a success, with nine regions having their delegacies seized and the invasion attempts on The Wellspring swiftly deterred by a significant NPA presence."

Despite having most of its manpower stationed in TW for a month, the NPA nevertheless began Operation Solar Storm II, conducting a three-day invasion of Warzone Trinidad, a BoM treaty ally. Solar Storm II, like its predecessor, concluded on a high note, with eight BoM regions captured in a single run. However, the WZT invasion proved to be a greater triumph as the NPA successfully banjected all of its residents and closed its embassies, despite numerous liberation attempts by the WZT Mafia and their allies. Adding sweetness to the victory, the WZT Mafia, after its defeat, was forced to abandon the region, relocate to Palmetto, one of their holdings, and subsequently rebrand themselves as the Palmetto Mafia.

Upon returning from Warzone Trinidad, the NPA, without any respite, swiftly initiated an intense detag week with four detag operations from June 12th to June 16th. The first two detag operations were jointly conducted with allies from the New Pacific Order and The Wellspring through their military, the Blossom Order. Colonel Kaschovia marked his return to leading operations with support from the Minister of Defence. In total, an impressive number of 46 regions were cleared of their raider tags in four updates.

Towards the end of June, the NPA was deployed to the Confederation of Corrupt Dictators under the guise of secrecy. After a prolonged month of deployment, CCD was completely placed under the NPA’s control at July 28th’s minor update. An old enemy of TNP, it has now become TNP’s possession once and for all in a historic and momentous victory.

In his midterm address, Minister of Defence Picairn reported on the progress of his initiatives. In terms of recruitment, two recruitment telegram lists for the NPA were created in collaboration with Home Affairs; a recruitment advertisement was written for Lead Gameside Advocate 9003's RMB bot, and Gameside dispatches were regularly published to advertise and inform the region of the NPA’s activity. While the number of new applications hasn't been as consistent as expected, the NPA nonetheless received a sufficient number of new soldiers who were quick to participate in its operations after some training and guidance.

To assist in the training of new soldiers, the moribund Instructor program was revived, and the NPA officers have taken on new mentees to teach basic R/D skills. A new soldier manual is also being written to replace the old one, and great progress has been made in this regard, as half of the manual has already been published.

For the rest of the term, Minister Picairn has promised to concentrate the NPA’s efforts on graphic design, specifically focusing on developing ribbons and medals to reward our troops, creating new posters to boost recruitment, and updating the NPA Mission Leaderboard. He also acknowledged that little progress has been made in persecuting the war against BoM and TCB, but reassured that he would try his best.[/size][/align]
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[box][anchor=ARTICLE3][b][size=175]Ventures in Chess & Music[/size][/b][size=120][tab=10]by [nation]Kaschovia[/nation][/tab][/size][/anchor]

[align=justify][size=110]Over the last few weeks, two events, sponsored by the Ministry of Culture and organized by Deputy Minister Kaschovia, have been nearing their conclusion, showcasing promising levels of participation and enjoyment during their time in the cultural spotlight. These were the Northern Chess Championship (NCC) and the regional album contest, both focused on establishing long-lasting sources of entertainment for residents and citizens of The North Pacific.

Built upon the foundations laid by the Interregional Chess Arenas, which are held alongside The West Pacific and other regions, the Championship now approaches its final match, with Vivanco matching up against resident Lemsrow, already known for his exceptional performance in multiple interregional chess events. No matter who ends up winning the final match, it’s going to be a great game of chess to mark the end of the region’s first official tournament.

The album contest, on the other hand, was more of a democratic affair. Nominations for albums that North Pacificans believed were the all-time best opened on June 10th. By the time the first round began, seventeen albums had already been submitted. These ranged from classics like The Dark Side of the Moon by Pink Floyd and Abbey Road by The Beatles to more modern and contemporary masterpieces like To Pimp A Butterfly by Kendrick Lamar and Channel Orange by Frank Ocean. The contest was designed to run alongside Music Mondays, which are hosted by the Ministry of Culture, with polls typically opening each week between the Lennarts Awards voting sessions.

The first round of the album contest saw Abbey Road by The Beatles, Innuendo by Queen, Electra Heart by Marina, and Born To Run by Bruce Springsteen nominated. Abbey Road, The Beatles’ eleventh studio album, won 63% of the total vote share. The next round pitted Pink Floyd’s The Dark Side of the Moon, Oasis’ (What’s the Story) Morning Glory, Starship’s Knee Deep In The Hoopla, and Galneryus’ Ultimate Sacrifice against one another. Predictably, Dark Side won the round with 70% of the vote share.

The third round was, perhaps, the most one-sided round of the entire contest, as Michael Jackson’s 80s super album Thriller dominated with 82% of the vote and 70 selections overall, outpacing Jimi Hendrix’s Are You Experienced, Kanye West’s My Beautiful Dark Twisted Fantasy, and Porter Robinson’s Nurture. The fourth round, however, was even more competitive as Kendrick Lamar’s To Pimp A Butterfly surpassed Working Class Hero by John Lennon by 38 votes to 22 votes, securing 52% of the vote share and eliminating Frank Ocean’s Channel Orange, Nena by Nena, and Words Words Words by Bo Burnham.

The first semi-final was a battle of titanic proportions, with Abbey Road taking on Thriller. Would it be one of the finest works of perhaps the most famous band of all time, or one of the Prime albums from one of the most famous pop stars? Well, it turns out TNP favors the King of Pop! With a decisive 60 votes to 20, Thriller confidently beat Abbey Road and is now well into the finals, where it currently faces The Dark Side of the Moon. So, will it be Michael Jackson or Pink Floyd to take the crown as the artist behind TNP’s favourite album? Remember to vote on the final round of the contest, which should be up on the regional homepage as you read this.

While these polls had been going on, the various rounds of the Northern Chess Championship were being played by eight TNPers who had signed up. They are: Kaschovia (The organizer), Chipoli, El Fiji Grande, Zyvetskistaahn, Izern, Lemsrow, Alsatian Island, and Vivanco.

Here is a detailed breakdown of the matches for each round and their respective results:

[b]Round 1:[/b]
Chipoli vs Izern (1-0)
El Fiji Grande vs Lemsrow (0-1)
Kaschovia vs Alsatian Island (0-1)
Zyvetskistaahn vs Vivanco (0-1)

[b]Round 2:[/b]
Chipoli vs Lemsrow (0-1)
Alsatian Island vs Vivanco (1-0)
(Losers Bracket #1): Izern vs El Fiji Grande (0-1)
(Losers Bracket #2): Kaschovia vs Zyvetskistaahn (1-0)

[b]Round 3:[/b]
Lemsrow vs Alsatian Island (1-Disqualified)
(Losers Bracket #3): Vivanco vs El Fiji Grande (1-0)
(Losers Bracket #4): Kaschovia vs Chipoli (0-1)

[b]Round 4:[/b]
(Losers Bracket #5) Vivanco vs Chipoli // To Be Played

That’s where things stand with the Northern Chess Championship. Lemsrow, currently the top contender to win the tournament, has consistently performed well in many of the chess events that the North Pacific has hosted. Can Vivanco beat the veteran player and win the tournament for themselves? Stay tuned to find out![/size][/align]
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[box][anchor=ARTICLE4][b][size=175]7 Landmark Judgements[/size][/b][size=120][tab=10]by [nation]Brisdon[/nation][/tab][/size][/anchor]

[align=justify][size=110]“[B]Democracy[/B]”. To quote Winston Churchill: “No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except for all those other forms that have been tried from time to time.”

This month, from July 1st to July 7th, we celebrated democracy week here in the North Pacific.

We decided to go back in time and find some of the landmark judgements that have had a huge impact on the region since the establishment of the TNP Court. I will take you on a journey down memory lane and explain the top seven landmark judgements made by our courts throughout history. I am accompanied by Chief Justice Pallaith, who will be commenting to explain certain parts of the rulings or provide his perspective.

[I]1. On the Scope of Clause 9 of the Bill of Rights[/I]

In a ruling delivered by Chief Justice Hileville on October 22, 2012, joined by Justice Blue Wolf II and abstained by Justice Funkadelia, the Court of the North Pacific addressed several key issues regarding residency, forum administration, and World Assembly voting policy within the legal code. The court took into consideration Clause 9 of the Bill of Rights and deliberated on who a resident is.

The court reviewed previous rulings and interpretations related to the Bill of Rights of the North Pacific (TNP), focusing on definitions and the extent of protections given to the nations within the region. More so, it revisited its decisions on residency, forum administration, and World Assembly voting.
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[*]The definition of Residency was overturned.
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[*]The court found that the previous ruling from August 6, 2010, introduced an incorrect definition of "residency" that was not supported by the Bill of Rights, Legal Code, or Constitution.
[*]The court concluded that all nations in the North Pacific are given protections under the Bill of Rights, except those involved in regional recruitment on the regional message board.
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[*]The definition of Government Authorities was corrected:
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[*]The court acknowledged that its prior ruling incorrectly defined "Government Authorities."
[*]It clarified that a "Government Authority" refers to any elected or appointed office in the North Pacific, not the individuals holding these positions.
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[*]World Assembly Voting Policy:
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[*]The court examined the Council of 5's World Assembly Voting Policy and concluded that it partially violated the Bill of Rights by failing to provide all nations with the right to be "heard."
[*]The policy was not entirely illegal but did require revision to comply with the provisions of the Bill of Rights.
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A few specific questions were addressed by the Court:
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[*]Equal and Fair Treatment:
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[*]The court determined that the requirement for "equal and fair treatment" applies to the provisions laid out in the Constitution but does not extend to every government affair.
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[*]Protection of Constitutional Provisions:
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[*]Clause 9 mandates "equal and fair" protection of constitutional provisions for every citizen and all nations covered under the Bill of Rights.
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Below are the Conclusions of the Court Ruling:
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[*]The World Assembly Voting policy violated the right to be "heard," as protected by the Bill of Rights.
[*]The ruling emphasized that the Bill of Rights does not impose specific voting requirements on the Delegate in the World Assembly.
[*]No current constitutional provision sets voting requirements for the Delegate.
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This Court ruling reinforced the principles of democracy, accountability, and transparency within TNP, ensuring that all nations are treated fairly and their rights protected according to the Constitution and Bill of Rights.

[B]Comments from the Chief Justice's desk:[/B] “This was one of the first rulings done by the modern Court, and one of the few to actually address old case law from the previous constitutional period. It’s rare to see it featured in modern cases, and this one touches on a couple of fundamental issues, residency and the definition of government authorities. This decision set a key Bill of Rights standard that was applied in subsequent cases, and was the first of many decisions to clarify how government officials are defined and understood. Additionally, it was the first ruling in the modern era to overturn in any way a prior decision, and to nullify in whole or part an existing law. Bill of Rights case law is not very deep so this one has been a controlling opinion for a long time, and is one of the few early cases not to have been overturned or clarified in any way by future Courts. It is a landmark and substantial case.”

[I]2. On Endorsement Count Requirements and the Solicitation of Endorsements[/I]

In a ruling delivered on September 18, 2016, drafted by Chief Justice Eluvatar and joined by Justices Gracius Maximus and Kialga, the Court addressed several legal questions and interpretations of various words related to the TNP governance and legal framework:
[LIST=1]
[*][B]Definition of Gross Misconduct[/B]: The Court said that Gross Misconduct, defined as a serious breach of one's oath of office, can occur if the Vice Delegate fails to maintain the required endorsement level for an extended period or acts in a manner contrary to the interests of The North Pacific.
[*][B]Endorsement Rules[/B]: The Court affirmed that having more endorsements than the Vice Delegate is not inherently criminal under TNP's legal code. It clarified that while reckless endorsement gathering can lead to ejection, it is not a criminal offense unless it constitutes Gross Misconduct. Specifically, when the Vice Delegate nation fails to have more than 300 or half the endorsements of the serving Delegate nation for more than 8 days, the Vice Delegate would be removed from office automatically, but when they seek to disregard that or fail to maintain an endorsement level of 75 per cent of the serving Delegate’s nation in an "unreasonable" context, they could be committing Gross Misconduct through nonfeasance in office.
[*][B]Constitutional and Legal Code Interpretation[/B]: The ruling emphasized the importance of interpreting laws like Clause 21 of Chapter 5 in line with TNP's principles of democracy, accountability, and transparency. Clause 21, which empowers the delegate to eject or ban any nation for reckless endorsement gathering in The North Pacific which exceeds the Vice Delegate's endorsement count, may violate the Bill of Rights if it is used to eject political opponents, nations whose names begin with a particular letter, or in other such ways.
[*]It highlighted that actions by governmental authorities, such as ejections or bans, must be justified with proper reasoning and will be subject to judicial review to ensure fairness and due process.
[*][B]Specific Cases[/B]: The Court declined to issue a verdict on specific cases involving Vice Delegate Bootsie, Security Counsellor Plembobria, and Delegate Lord Ravenclaw regarding endorsement counts. As the Security law's clause 24 recognizes, achieving exact adherence with the endorsement level mandates is not always practicable. The resolution of such practical questions belongs with the Delegate, Vice Delegate, and Security Council in the first instance.
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Overall, the ruling aimed to uphold the principles of fairness, transparency, and accountability in the governance of The North Pacific, providing guidance on how laws should be interpreted and applied in practical scenarios involving regional governance and endorsements.

[B]Comments from the Chief Justice's desk:[/B] “This was one of the more complicated decisions delivered by the Court over the years. It was a key decision at the time as it happened around a time when the region sought to better define and enforce the duties of the Vice Delegate. The rules were unclear and there was concern the Vice Delegate could be in legal trouble for failing to meet the apparent standards for endorsements. At the same time, the region’s endorsement culture was booming as the number of WA nations and endorsements across the board increased to historic levels, something we would continue to see for years to come. The decision had the effect of chilling extreme action from the government in controlling endorsements while helping to loosen and make more reasonable the expectations on the Vice Delegate’s duties. I would credit this decision for being part of what led to future legal changes that made the Vice Delegate’s endorsement requirements easier to understand and more realistic, so that no one feared the Vice Delegate getting kicked out of office unnecessarily. It also reassured residents that they could go far in endorsing and reach heights few other regions allowed, and even TNP would be accommodating to them. The Security Council was put on a standard of ‘reasonable’ action that would guide how it handled endorsement communication and anyone who got too close to their endorsement level, and is still in place to this day.”

[I]3. On Regional Officers Banning Nations during NationStates Events[/I]

In a ruling delivered on January 9, 2017, by Justice Crushing Our Enemies, joined by Temporary Hearing Officers Altmoras and Abbey, with Chief Justice SillyString recused and clarified on May 15, 2024, the Court of the North Pacific addressed legal questions related to the region's response during a NationStates event involving an infectious disease outbreak. The Court took into consideration relevant portions of the Bill of Rights and the legal code, mainly section 9.2 Disease Outbreak.
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[*][B]Emergency Powers[/B]: The Court interpreted Section 9.2 of the Legal Code, which designates an infectious disease outbreak as an "actual emergency." This designation allows regional officers, under explicit authorization from the delegate, to eject or ban nations as part of the emergency response.
[*][B]Conditions for Ejection[/B]: The Court outlined three conditions for the legal ejection of nations during such emergencies:
[LIST]
[*]The delegate must explicitly authorize the regional officer to eject nations.
[*]The authorization must be reasonable under the circumstances, ensuring it aligns with the regional emergency plan.
[*]The action must be in pursuit of the regional emergency plan, such as preventing the spread of infection.
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[*][B]Consent of Nations[/B]: The Court reasoned that the legal adoption of Section 9.2 by the citizens by default constituted consent for regional authorities to assume emergency powers as outlined in Clause 11 of the Bill of Rights. This includes actions like ejections and bans during crises, provided the specified conditions are met.
[*][B]Specific Case of Gracius Maximus[/B]: The Court did not conclusively determine whether the ejection of Gracius Maximus by Great Bights Mum (GBM) violated his rights. It did highlight the uncertainty whether GBM was explicitly authorized to eject nations during the emergency or if she acted independently or under the instruction of another third party.
[*][B]Citizenship and Ejection[/B]: The Court clarified that being ejected from the region during an emergency does not constitute voluntarily leaving the region. Therefore, ejected citizens retain their citizenship rights until they voluntarily leave, cease to exist, or fail to post on the forum for over 30 consecutive days.
[/LIST]
This court ruling encloses the Court's interpretation and application of regional laws concerning emergency powers and the rights of citizens during crises, based on the specifics of a case.

[B]Comments from the Chief Justice's desk:[/B] “The thing this decision did that had the most impact was establishing the standard that citizenship could be maintained even if someone were ejected and decided not to come back, which led to interesting scenarios in the years after the ruling and applied in non-emergency situations too. The Court recently clarified this decision and eliminated this scenario by allowing for reasonable limits on when nations could return. It was still the first time that emergency powers were seriously considered by the Court and any kind of limitation was placed on them, as until Z-Day there wasn’t much in law governing their use.”

[I]4. On the Freedom of Information Act and Off-forum Content[/I]

In a ruling delivered on March 1, 2019, by Justice Eluvatar and Chief Justice SillyString, joined by Temporary Hearing Officer Owenstacey, the Court of The North Pacific addressed several critical aspects related to transparency, information disclosure, and content ownership within the regional government:

1. Standing in FOIA Requests: The Court affirmed that any resident, including St George in this instance, has standing to request a review under the Freedom of Information Act (FOIA). The FOI Act ensures transparency by mandating the release of non-private government records upon request or upon reaching a certain age.

2. Scope of FOIA: The Court clarified that FOIA applies not only to content on the official forum of The North Pacific but also to any platform where regional government business is conducted.

At the time when the past rulings were issued, Discord was not in use by the region, and the vast majority of government business was conducted on the official forum. It was also regular practice by government officials at that time to post transcripts of any official IRC chats that occurred into the relevant areas of the forum to maintain a formal record of proceedings. The Court ruled that the Freedom of Information Act applies to any platform on which TNP government business is conducted. This includes platforms like Discord, which have now become relevant for conducting official business.

3. Ownership of Content and Clarifications to Previous Rulings: In its previous rulings on content ownership and the meaning of “private citizen”, the court stated that on the matter of ownership, it holds that the author of a post owns its content, and posts made while acting in one's capacity as a government official are owned by the respective branch of government within which that capacity falls.

As long as the author of the post speaks as an executive official, the FOIA applies. Additionally, the Court also states that all posts made within areas of the forum which normally grant posting privileges only to members of the executive, excluding administrators and moderators from consideration, are inherently made in the author's capacity as an executive official. Such posts are governmental.

Overall, the ruling underscores the Court's commitment to transparency in government operations and provides clear guidelines on how FOIA applies to various communication platforms and spaces within The North Pacific's governance framework.

[B]Comments from the Chief Justice's desk:[/B] “Our modern FOIA law is a result of this decision, and it was the first time Discord was significantly considered by our legal traditions after years of forum exclusivity. It also avoided future Discord situations by acknowledging the potential for other off-site and off-forum platforms and strengthened the underlying principle of FOIA rather than the letter of the law.”

[I]5. On the Regulation of the Regional Message Board[/I]

In a case ruled on March 28, 2014, by Chief Justice Romanoffia and Justice SillyString, joined by Justice Ator People, DiamondComodo challenged the suppression of their posts on The North Pacific's Regional Message Board, alleging violations of their free speech rights. The Court considered extensive legal documents, including the Constitution of The North Pacific, NationStates rules, TNP Legal Code, and past rulings. As said by our current Chief Justice Pallaith, "It’s the most significant free speech case we’ve had so far.”

Key Points from the Court’s Ruling:

1. Standing: DiamondComodo was deemed to have standing as they were directly impacted by the suppression of their posts.

2. Delegate's Authority: The Court affirmed the Delegate's broad authority to manage the executive branch, including the regulation of the Regional Message Board (RMB). This authority includes the power to suppress posts posted on the RMB.

3. Suppression of Posts: While suppression restricts free speech, the Court acknowledged its legality under certain circumstances, such as maintaining order on the RMB or preventing harm to the community, such as transphobic posts in this context.

4. Constitutionality of Suppression: The Court ruled that while suppression is generally permissible, it must be justified and balanced against free speech rights. Posts that are inflammatory or violate community standards can be suppressed, as demonstrated in this case.

5. Content of Posts: The Court examined the content of DiamondComodo's posts, which were found to be transphobic. Despite arguments that the posts were related to TNP politics, they were deemed unrelated and thus not protected under the context of political speech.

6. Extra-legal Moderation: The Court clarified that while some moderation actions fall outside its jurisdiction, actions related to the RMB can still be reviewed if they violate legal standards given in TNP's laws and legal procedure.

7. Overturning Prior Rulings: The Court overturned previous rulings that had set an overly broad interpretation of free speech rights, emphasizing that reasonable limits can be placed on speech, especially when it comes to maintaining order and preventing harm within the community.

In its conclusion, the Court upheld the suppression of DiamondComodo's posts by the Delegate, ruling that while free speech is protected, it can be limited when it becomes necessary to uphold the standard of the TNP community.

[B]Comments from the Chief Justice's desk:[/B] “Free speech cases in TNP are surprisingly rare. This one became the most substantial ruling on this topic, and greatly enhanced the government’s ability to enforce the delegate’s standards and the community’s guidelines on the site itself. In partially overturning the previous controlling case on free speech, [I]On the Delegate’s Authority to Staff the Executive Branch[/I], it sided with the only modern dissent in the Court’s history, and formally overturned one of the oldest decisions which had never been applied in other cases and was effectively not in use. It is also one of the only cases to explicitly consider how OOC matters are handled by TNP’s government.”

[I]6. On the Speaker's Power to Schedule Votes[/I]

In its Court Ruling delivered on June 23, 2020, by Chief Justice Zyvetskistaahn, joined by Justices Wonderess and Lady Raven Wing, the Court addressed a petition regarding the Deputy Speaker's decision to commence a vote without adequate scheduling notice. Key points from the ruling include:

1. Standing: The Court determined that the petitioner had standing because their rights under the Bill of Rights, specifically Articles 2 (right to petition for redress of grievances) and 9 (right to due process and opportunity to be heard), were potentially infringed by the Deputy Speaker's actions.

2. Speaker's Discretionary Powers: The Court reaffirmed the broad discretionary powers granted to the Speaker under the Constitution. The Speaker has the authority to administer the Regional Assembly's rules and, where rules are lacking, to use their discretion in the best interests of the region.

3. Scheduling of Votes: The issue at hand was whether votes must be scheduled in advance or can be commenced immediately after scheduling. The Court found that the rules were permissive rather than prescriptive, that is, they do not prohibit votes being started without notice, nor do they compel all votes to be scheduled. Therefore, the Deputy Speaker's decision to start the vote immediately fell within their discretion.

4. Time to Object: While acknowledging the ambiguity in the rules regarding the timing of objections to vote scheduling, the Court emphasized that resolving such ambiguities is within the Speaker's discretion. There is no explicit requirement for a minimum period between scheduling and voting, giving the Speaker flexibility in how they manage the Assembly proceedings.

Overall, the Court upheld the Deputy Speaker's actions as consistent with their discretionary powers and the existing rules of the Regional Assembly. The ruling underscored the Speaker's broad authority to manage Assembly proceedings in the best interests of the region, subject to constitutional principles and rights protections.

[B]Comments from the Chief Justice's desk:[/B] “The Court has a series of decisions on the Speaker’s office which almost universally agree with the use of the powers in question and affirm the previous rulings. This ruling is the culmination of all of those, and therefore the controlling ruling on the use of the Speaker’s powers. This ruling, and any ruling that comes after it affirming this and the old ones, would be the definitive legal standard for the Speaker’s office. And the Court is very reliable in agreeing that the Speaker has a broad and expansive authority over the region’s legislative branch.”

[I]7. On the Nature of Precedent and the Scope of the Court's Powers[/I]

In its Court Ruling on February 20, 2013, by Justice Gaspo, joined by Chief Justice Hileville and Justice Sanctaria, the Court addressed two inquiries, one from Crushing Our Enemies (COE) and another from r3naissanc3r, concerning the scope of the Court's authority to review governmental policies and the binding nature of its precedents.

1. Scope of Judicial Review: COE questioned whether the Court could review policies of other government branches. The Court affirmed its authority, as per Article 4, to review and offer opinions on the constitutionality and legality of governmental actions and policies upon request of an affected party. It rejected the notion that it could only review its own decisions, emphasizing its role in maintaining checks and balances within the 3-branch system.

2. Binding Precedent: r3naissanc3r raised concerns about the binding effect of Court precedents. The Court acknowledged the importance of precedent but asserted its ability to overturn prior rulings when justified by changes in law or factual circumstances. It emphasized that such decisions must be made transparently and with a high standard of justification, balancing respect for precedent with the need for legal evolution.

In its conclusion, the Court clarified that while precedent should generally be followed, it is not absolutely binding if it conflicts with the Constitution or new laws. The Court retains the authority to reconsider and overturn precedent as necessary to ensure justice and fairness.

Overall, the ruling affirmed the Court's broad powers of judicial review and its discretion to manage precedents in accordance with evolving legal principles and societal needs.

[B]Comments from the Chief Justice's desk:[/B] “The Court established in this ruling that it has the power to review its own decisions and overturn previous cases as needed, if it receives a request from an affected party. This is our version of [I]Marbury v. Madison[/I], one could say. It is kind of interesting that it took as long as it did for it to happen, and interesting that anyone thought the Court would be forced to abide by old rulings forever.”[/size][/align]
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[b][url=https://www.nationstates.net/page=dispatch/id=1114798]Index of Issues[/url][/b]

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