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?

 

[Eldarion]

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.

 

[Deleted1]

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.

 

[Eldarion]

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

 

[Domais]

Article II, Section 5:

The Hegemon 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.

Article VI, Section 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.

These clauses outline distinct but potentially conflicting powers. Article II grants the Hegemon authority to act in matters of security and stability, subject to CLS confirmation. However, this power is broadly defined and lacks explicit constraints or regulatory oversight.

Conversely, Article VI provides the CLS with the authority to declare a state of emergency. Unlike the provisions in Article II, this power is explicitly limited: the Assembly cannot be suspended, and the Council must comply with any further regulations established by law.

This raises critical questions regarding the scope of the Hegemon's powers under Article II. While a state of emergency cannot suspend the Assembly, does the same restriction apply to the measures authorized by Article II? For instance, could "other measures to preserve the security and stability of Lazarus" include suspending the Mandate? Under a particular interpretation, the Hegemon, with CLS approval, might argue that the Mandate itself jeopardizes Lazarus' stability and security, warranting its suspension or even repeal. Furthermore, the Hegemon, with CLS approval, could potentially disregard, repeal, or amend sections of the Mandate and other laws as part of such “measures to preserve security and stability.”

Given these ambiguities, I cannot withdraw this question at this time.

 

[Eldarion]

This raises critical questions regarding the scope of the Hegemon's powers under Article II. While a state of emergency cannot suspend the Assembly, does the same restriction apply to the measures authorized by Article II? For instance, could "other measures to preserve the security and stability of Lazarus" include suspending the Mandate?

I think that Wym or Wang Yao could answer this pretty easily Domais. Article II relates to citizens or residents, and not the mandate or portions within itself.

I guess technically under a legal interpretation, the Hegemon could establish measures to start a constitutional convention to amend the mandate or hold a constitutional convention, but even then it would have to relate to banning citizens who are seeking to prevent such a constitutionally protected process from happening - something that could be technically legal or even have court intervention in favor of. But really and unfortunately the Court and CLS are really the only bodies of intervening to prevent vote stacking possibly. And there is a glaring issue that the Legal Code does not really discuss what the Court should do to citizens transparently trying to suspend the mandate through vote stacking or other means.

If a Hegemon were to use any article (let alone article II) in such a manner as suspending the mandate, the mandate would be overthrown, as nowhere in the mandate is suspending the mandate authorized. I guess as Assembly Speaker my role would be important to use my powers to prevent such attempts from going to vote and laying forth constitutional challenges via the Court. But there is an interesting issue in that I cannot prevent going to vote, only delay, even if such constitutional changes would amount to overthrowing the mandate.

As a legislator or Assembly Speaker though, there is an ambiguous question of what Hegemon or Citizen proposed constitutional change during a state of emergency could be interpreted as suspending the mandate. My guess would be transparent power grab attempts removing the Court, the CLS, or the powers of the Assembly, from the Mandate during such a period. This is discussed as prohibited in constitutional law and the Mandate.

Could not speak to other Delegates of course, but under the current Delegacy or hypothetically even under an Acting Delegacy no section of the Mandate would ever be used as a means to suspend the mandate, and we'd view it as a constitutionally prohibited act.

Edit: But as Assembly Speaker there exists one legal loophole that I am glad exists that could delay a constitutional change almost indefinitely. All votes must last for 5 days, but certification or counting the vote is not forced upon me. I could delay certification as long as I want so long as I set a date to certify, thus preventing a constitutionally prohibited act or amendment coming into force. It is a loophole we might want to expand upon, with citizens able to petition to the Assembly Speaker to not certify votes immediately pending legal review by the Courts or meriting further discussion by the Assembly relating to its constitutionality.