Request for Review: Mandatory Ministers

Blue Wolf II

A Wolf Most Blue
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TNP Nation
Blue_Wolf_II
From the Legal Code of The North Pacific:

Section 7.5: Mandatory Ministries
41. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific and will report on events in the region.
42. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
43. There will be at least one Executive Officer charged with focusing primarily on matters of internal interest to The North Pacific.
Section 7.1: Definitions
2. Executive Officers are government officials appointed by the Delegate to assist in the execution of their duties.

Recently the Active Delegate has announced that he will take over the role of Minister of Defense himself, a role he was previously appointed to by the prior elected Delegate.

I ask the Courts to review the legality of such an action and consider the following sections from the Constitution:

Article 3. The Delegate and Vice Delegate

1. The Delegate will be the head of state and government of The North Pacific and its territories and hold the in-game position of delegate in The North Pacific.
2. The Delegate may eject and ban nations from the region as permitted by law, and will eject or ban nations from the region when required by law.
3. The Delegate may negotiate treaties with foreign powers or propose the repeal of existing treaties. No treaty will come into effect or be repealed unless approved by a two-thirds majority vote of the Regional Assembly.
4. The Delegate may propose a declaration of war on foreign powers to the Regional Assembly. If it is approved by a two-thirds majority vote, a state of war will exist until it is repealed by a majority vote of the Regional Assembly.
5. When a proposal of the Regional Assembly to enact, amend or repeal a law is passed, the Speaker shall promptly present it to the Delegate, and it shall take effect immediately upon their signature.
6. The Delegate may veto a proposal of the Regional Assembly to enact, amend or repeal a law within one week of its passage.
7. The Regional Assembly may override such a veto by a two-thirds majority vote, which shall cause a proposal to take immediate effect.
8. If a proposal of the Regional Assembly to enact, amend or repeal a law has not been signed or vetoed by the Delegate, it shall take effect seven days after being passed.
9. The Delegate may appoint executive officers to assist them and may dismiss these officers freely. Executive officers may be regulated by law.

The Delegate and Acting Delegate already have the powers of Foreign Affairs, Military Affairs, and Internal Interest in their job description. The Mandatory Ministries Law mandates that the delegate appoints an Executive Officer and Section 7.1 of the Legal Code defines that individual as "government officials appointed by the Delegate to assist in the execution of their duties".

The word "their" in 7.1 seems to refer to the Delegate or Acting Delegate. It is presented to the Court the argument that the law makes clear that the Delegate is to appoint others to the position of "Executive Officer" because the Delegate already is filling the role of Foreign Affairs, Military Affairs, and Internal Interest of The North Pacific. They can not be double appointed to a role that they already functionally fulfill, and furthermore, the Executive Office can not assist the Delegate if the Executive Officer *is* the Delegate.

The spirit of the law is in clear violation, but I also contest that it's very clear that the letter of the law is being violated as well and request, with great respect, that the Courts review and rule on this matter.
 
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I will accept this request for review.

@Halsoni is identified as a respondent.

The submission period for brief will be tentatively set at 7 day, given potential interest in this already expressed.
 
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