Request for Clarification

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Request for Clarification; To resolve an ambiguity in the Mandate
Tweet Topic Started: Jun 8 2015, 02:30 AM (402 Views)
Amerion	Jun 8 2015, 02:30 AM Post #1
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	If it may please the Court, I would like to request clarification of the Delegate's powers. Noted here, the Honourable Delegate Funkadelia has dismissed Minister of Foreign Affairs Church of Satan. The Delegate has expressed the following as a legal basis for doing so: Quote: as delegate I am permitted to decide my own cabinet. Article IV states: Quote: Article IV - On the Executive 1. The Delegate shall serve as the chief executive officer of the region. 2. The Delegate shall control the on-site delegacy of the region, and shall exercise its powers only as required or permitted by law. 3. No person may serve more than two consecutive terms as Delegate. 4. The Delegate shall have a Cabinet of ministers to aid them in their duties. 5. The Delegate shall nominate ministers and the Legislature may confirm such nominees by a majority vote. 6. The cabinet shall consist of the General the Army, the Minister of Internal Affairs and the Minister of Foreign Affairs. Additional ministries may be established by law. 7. The Legislature may pass laws regulating the business of the ministries. 8. The Delegate may veto a proposals of the Legislature to enact, amend or repeal a law within a week of its passage. The Legislature may overturn such a veto by a two-thirds majority vote. As there is ambiguity as to whether it is within the Delegate's powers to dismiss his Ministers, I respectfully request that the Court interpret the Mandate to clarify this uncertainty. I thank you for your time.

Replies:
Belschaft	Jun 16 2015, 05:26 AM Post #11
Supreme Executive Chief Justice for Life Posts: 338 Group: Members Member #50 Joined: Apr 12, 2015	The Court, having considered the legal question presented before us by Amerion in regards to the ability of the Delegate to dismiss Ministers, has come to the following conclusion: Whilst Article Four, Clause Five of the Constitution unambiguously grants the Delegate the legal power to nominate Ministers for confirmation by the Legislature, it does not grant any direct power to the Delegate for the dismissal of these Ministers once so confirmed. Whilst it was clearly the intent of the framers of the Constitution that Ministers, as nominees of the Delegate, should serve at his pleasure, no plausible interpretation of the Constitution grants him this power. It is, however, the opinion of the Court that the Delegate does posses the power to nominate a replacement Minister for an incumbent, and as such, indirectly dismiss a Minister. We have identified the following as the procedure to be followed should a Minister refuse to resign their position at the request of the Delegate: The Delegate should nominate a replacement Minister to the Legislature, clearly indicating his desire that they replace the incumbent. Should the Legislature choose to confirm this new nomination, the incumbent should then be considered replaced and their term of office ended. The Court, as stated, remains firmly convinced that the intent of the framers was that the Delegate possess the direct power of dismissal, and considers it's omission an oversight. Whilst the indirect power of a replacement nomination exists, we recommend the Legislature amend the Constitution so as to grant the direct power. - Justice Belschaft - Justice Powthran - Justice RPI



Amerion	Jun 16 2015, 07:12 AM Post #12
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	I would like to thank your Honours for this speedy judgement.



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