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[COUNCIL] Discussion on Sections 3(b), 4, and 5 of the Commission Resignation Act 2019

Imperium Anglorum

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Public discussion and argument

Lifted from the Explanatory Note to SI 2019/04—

The Government (Reform) Act 2017, which creates the Commission, specifies in section 7(c) thereof that "If a post is unfilled, the post may be taken by the colleague nearest to reelection, subject to the veto of the Delegate within three days. Otherwise, the post shall remain unfilled until the next election".

Sections 3(b), 4, and 5 of the Commission Resignation Act 2019 require the Delegate to find a nation under certain conditions to replace a Commissioner who is to resign. However, in section 7(c) of the Government (Reform) Act 2017 states that posts which are not taken, subject to veto, by the colleague nearest to reelection, "shall remain unfilled until the next election".

The question before the Council is:

Do these sections of the Commission Resignation Act 2019 – or any section creating any scheme other than that described section 7(c) of the Government (Reform) Act 2017 – which would fill a vacant post in the Commission, contradict section 7(c) of the Government (Reform) Act 2017?​
 

Imperium Anglorum

Tinpot Dictator
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Nick
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Prima facie, I think they do. The sections would implicitly have the Delegate appoint a person to the vacant post. However, the only way to appoint someone to that vacant post is for "the post [to] be taken by the colleague nearest to reelection".

Section 4 explicitly requires the Delegate to "replace the outgoing Commissioner in the following order", although that does seem to internally contradict the idea that the Delegate "have chosen another nation" before accepting the Commissioner's resignation.

Vis-à-vis the scope of the duties of the Council, to nullify "provisions which violate, implicitly repeal, or implicitly amend another piece of statutory law", there is a further question—

Which provisions of the Commission Resignation Act 2019 are the ones which violate the requirements specified by section 3(b) of the Government (Council) Act 2017?
My initial thoughts are the aforementioned sections of the CR Act: 3(b), 4, and 5. See reasoning for section 4 supra. Section 5 is included because it is entirely dependent on section 4. Section 3(b) is included because the Delegate has no authority to choose another nation.

EDIT. If it is the case that the Commission Resignation Act 2019 alters the Government (Reform) Act 2017, then it also violates the quorum requirement for legislation which amends the latter act. Thus, the whole act must be held inoperative.
 
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