Question [Question] Can the CLS Suspend the Mandate?

[Domais]

Article 2, point 5 states that "[t]he Delegate may, subject to confirmation by 50%+1 vote of the Council on Lazarene Security, impose revocation of citizenship, ejection and/or ban from Lazarus, or other measures to preserve the security and stability of Lazarus, for whatever duration of time is determined appropriate. The Assembly may overturn such decisions by three-quarters vote." It can be argued that the Delegate and the CLS may suspend articles of the constitution, dismiss government officials including court justices under the impetus of "....measures to preserve the security and stability of Lazarus" because the mandate does not state that only the assembly may recall officials or amend the constitution only that they may.

For instance, the Assembly may pass legislation that may displease the Delegate and the Council in response the Delegate and the Council could decree that no new legislation is to be enacted, decree that the Speaker and Deputy Speaker(s) are to be dismissed, decree that the Assembly or the sections of the Mandate that gives the Assembly power are suspended, etc. under the guise of "...preserve[ing] the security and stability of Lazarus".

Connected to this idea is that the Delegate and Council could declare an Institution of Lazarus such as the Court of Lazarus and the Assembly of Lazarus as security risks and suspend them in their operation and assume their duties until such time that they think that they are no longer a threat to regional security and stability. After all, the court could make rulings that may negatively impact the security and stability of Lazarus, likewise, the Assembly may pass legislation that negatively impact the security and stability of Lazarus

Furthermore, the Delegate and Council could decree that every article except the articles that give them power be suspended and then rule Lazarus by decree while stating that said action will "... preserve the security and stability of Lazarus".

These of course are only three examples and there are many more instances that may be listed, so I ask is this legal?

 

[New Rogernomics]

The above seems confusing, as the CLS is not empowered anywhere to suspend the mandate, only carry out the following below towards individuals:

(5) The Delegate may, in the case of citizens, after confirmation by a 50%+1 vote of the Council on Lazarene Security, impose revocation of citizenship, ejection and/or ban from Lazarus, or other measures to preserve the security and stability of Lazarus, for whatever duration of time is determined appropriate.

There is also no ability within the mandate to suspend the mandate, even during a constitutional convention:

(3) During a constitutional convention, this Mandate, the institutions and offices established by and under this Mandate, and all laws and treaties established under this Mandate, will remain in force, until a new constitution is adopted by the convention.

It couldn't be legal I'd think to suspend the mandate as the power do so doesn't exist.

I think the real confusing thing is this part about states of emergency:

States of emergency

(5) The Council may declare and may end a state of emergency by two-thirds vote. During a state of emergency, the Council may take all necessary measures to resolve the emergency, except that the Assembly may not be suspended, and the Council must adhere to any further regulation of states of emergency established by law.

My general feeling about this part is that a state of emergency could be implemented if someone was trying to take the Delegacy illegally, but I think I'll be planning to write some legislation draft to "futher regulate the states of emergency"*. It seems to be that even under a state of emergency though nothing would change i.e. the assembly is still operational. We'd have to write a regulation of the states of emergency to define what "all necessary measures" means though. But I doubt it could refer to suspending the mandate, as if it did that it would have to be clearly stated.

*I think a constitutional law so that it can't just be played with by a simple vote in the future.

 

[Debussy]

It seems to be that even under a state of emergency though nothing would change i.e. the assembly is still operational.

In theory, I guess if someone wanted to work around that the CLS/Delegate could remove any member from the assembly that was an "issue" or anyone from the assembly that attempted to use it to effectively shut it down or suspend its functions during a state of emergency and that would still be considered legal.

 

[New Rogernomics]

Informing the court that the Regulation of States of Emergency constitutional law has passed: https://nslazarus.com/forum/index.php?threads/4425/