[Proposal] Amendment to the Charter of the Lazarene Regional Guard (May 2020)

[Domais]

Amendment to the Charter of the Lazarene Regional Guard (May 2020)

Proposed by: @Domais

Section 1. Amendment of the Charter of the Lazarene Regional Guard (December 2018)

(1) The relevant section of the Charter of the Lazarene Regional Guard, as currently written, reads:

[Table][cell]

Section 1. Establishment of the Lazarene Regional Guard
 
(1) The Lazarene Regional Guard will be the sole military force of Lazarus, neutral in alignment.

(2) The Delegate will be the commander-in-chief of the Regional Guard. The Delegate may appoint a minister to serve as operational commander of the Regional Guard, subject to all provisions for appointment and removal of a minister. Operational command authority may be further delegated to a chain of command subordinate to the minister.

(3) The command, conduct, and membership criteria of the Regional Guard may be further regulated by law or by executive policy.

[/cell][/table]

(2) The amended Section of the Charter of the Lazarene Regional Guard shall read:

[Table][cell]

Section 1. Establishment of the Lazarene Regional Guard
 
(1) The Lazarene Regional Guard will be the sole military force of Lazarus, neutral in alignment.

(2)  The Delegate will be the commander-in-chief of the Regional Guard. The Prime Minister must appoint a Cabinet Minister to serve as operational commander of the Regional Guard, subordinate to the Delegate and subject to approval of the Delegate and all provisions for appointment and removal of a minister. Operational command authority may be further delegated to a chain of command subordinate to the Cabinet Minister.

(3) The command, conduct, and membership criteria of the Regional Guard may be further regulated by law or by executive policy.

[/cell][/table]

[New Rogernomics]

This sounds like a bad idea, given that the guard would then be politicized.

While it might sound good on paper to have all ministries under one banner, in practice the military should always be first under the head of state, and then directed by the government.

By politicized, I mean that the guard would be appointed by a political position, rather than the PM advising the Delegate.

The problem is that if in the future the guard act is ever amended, then we could have a situation where:

• The PM is running the regional guard for political purposes, and folks run for PM to force the region into a Raider or Defender alignment.
  
• The PM is political biased and appoints people based on a political whim rather than their actual ability.
  

[Domais]

As for you point about politicization, the Delegate is still the Commander en Chief and thus has Veto power of the Prime Minister. If we have an active Delegate, which we do, then it shouldn't be a problem.

[New Rogernomics]

As for you point about politicization, the Delegate is still the Commander en Chief and thus has Veto power of the Prime Minister. If we have an active Delegate, which we do, then it shouldn't be a problem.

Effectively this makes the PM the operational commander, deciding military decisions, with a minister as a deputy.  

In practice a Delegate could never veto, without expressing they had lost faith in the PM.

I would prefer that the Delegacy isn't put in a position where it has to decide political policy.

It would be easier to write an amendment where the PM is not the operational commander, but puts one forward for the Delegate to approve. 

Then the Delegacy isn't required to veto military decisions chosen by the PM.

[New Rogernomics]

Section 1. Establishment of the Lazarene Regional Guard
 
(1) The Lazarene Regional Guard will be the sole military force of Lazarus, neutral in alignment.

(2) The Delegate will be the commander-in-chief of the Regional Guard. The Prime Minister will present a operational commander of the Regional Guard to appoint, subject to all provisions for appointment and removal of a minister. Operational command authority may be further delegated to a chain of command subordinate to the minister.
(3) The current Minister of the Guard shall be subordinate to the Prime Minister, however, they shall not be considered a cabinet minister.

(4) The command, conduct, and membership criteria of the Regional Guard may be further regulated by law or by executive policy.

Something like this would be better, if it had to be amended, as then the Delegate is at worst opposing on a operational basis a Minister, and not the head of government.

[Domais]

The Delegate will be the commander-in-chief of the Regional Guard. The Prime Minister may appoint a minister to serve as operational commander of the Regional Guard, subject to approval of the Delegate and all provisions for appointment and removal of a minister. Operational command authority may be further delegated to a chain of command subordinate to the minister.

This better?

[New Rogernomics]

The Delegate will be the commander-in-chief of the Regional Guard. The Prime Minister may appoint a minister to serve as operational commander of the Regional Guard, subject to approval of the Delegate and all provisions for appointment and removal of a minister. Operational command authority may be further delegated to a chain of command subordinate to the minister.

This better?

That would work, as then at least the Delegate is objecting on operational basis to what a Minister does versus being forced to go against the PM as head of government.

[Apollo]

I'm absolutely for the Delegate being in charge of the Regional Guard, and for the Guard to be neutral in alignment, but shouldn't the alignment be left to the delegate? If a situation in which a side must be taken arises, then this body won't have to hold up the process by amending this article in order for the Delegate to get the Regional Guard to act in the best interest of the Lazarus.

I think this is something to be thought about - what if a side must be chosen quickly in the region's best interest? We must allow the commander and chief to act in accordance.

[New Rogernomics]

I'm absolutely for the Delegate being in charge of the Regional Guard, and for the Guard to be neutral in alignment, but shouldn't the alignment be left to the delegate? If a situation in which a side must be taken arises, then this body won't have to hold up the process by amending this article in order for the Delegate to get the Regional Guard to act in the best interest of the Lazarus.

I think this is something to be thought about - what if a side must be chosen quickly in the region's best interest? We must allow the commander and chief to act in accordance.

That is describing aspects of this proposed amendment, which failed late last year: https://www.nslazarus.com/thread-1092.html

(5) The Regional Guard may be empowered to engage in other military operations upon the approval of the Delegate so long as:

[...]

[McChimp]

The proposal does not make it clear that only that section shall be amended. As it reads, the text in the second box would become the entirety of the charter, removing all the regulations and the designation as a constitutional law.

Instead, it should say: "Section one shall be amended to read:"
 

I'm absolutely for the Delegate being in charge of the Regional Guard, and for the Guard to be neutral in alignment, but shouldn't the alignment be left to the delegate? If a situation in which a side must be taken arises, then this body won't have to hold up the process by amending this article in order for the Delegate to get the Regional Guard to act in the best interest of the Lazarus.

I think this is something to be thought about - what if a side must be chosen quickly in the region's best interest? We must allow the commander and chief to act in accordance.

There are no circumstances under which the Guard would be expected to intervene that the act does not permit as-is.