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#26
Quote:<blockquote class='ipsBlockquote' data-author="Sandaoguo" data-cid="104292" data-time="1376002383"><blockquote class='ipsBlockquote' data-author="Rebel-topia" data-cid="104290" data-time="1376001450">Just because the election process starts doesnt mean thats when the term for the formerly elected official ends. To say that the Charter saying "The Cabinet will serve a term lasting four months" means the term ends the last day of any month is silly.
The Charter says the term is four months <em class='bbc'>and</em> that the Assembly must determine the procedures for Cabinet elections. I don't think it's at all "silly" to think that terms end on the first day of every April, August and December. Those are the days the Assembly voted on pursuant to its responsibility to determine the procedures for Cabinet elections.
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The Assembly passed the CoL stating ELECTIONS start on the 1st of the month. Not that the CABINET TERMS start on the 1st of the month. It doesnt make sense that the term ends before a new minister can be elected.



And it really doesnt do us any good to legalize every little thing. Theres no need to be so anally specific in our laws. (thats not a shot at you, but to the region as a whole)
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What would be correct is that the Cabinet term lasts for four months. We would have to determine when the Cabinet term actually begins: when the election results are published, when new ministers receive their markings?
Kris Kringle

Vice Delegate of the South Pacific - 
Forum Administrator
Deputy Minister of Communications and Integration (former) - Minister of Foreign Affairs (former)


 
Kringle's What? Moment: [01:32] Then let's have breakfasts at night between the Delegate and Vice Delegate
#27
The precise handover point is clearly not defined precisely. We can say with certainty that it is no earlier than the 1st of the relevant months, and no later than when the results are announced. That however leaves a period of between one and two weeks where it is up in the air; my personal view of this period has always been that the previous cabinet remains in office to the end of the election period, and this has been the case de-facto for as long as I can remember. Standard practice is that they do not however do anything that isn't 100% required during this period.

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#28
I am inclined to agree with this view. To a certain extent, I think that the Cabinet term "overall" beings when all its members have assumed their respective offices, unless in some office there is an unusual delay. This wouldn't prevent other Cabinet officers from assuming their posts before, I am referring to the official aspect only.
I do believe that during the elections the former Cabinet is still the Cabinet, not only in practice but also officially, as no replacement has been elected and further because they themselves assumed their offices after their own election, so the four months would still apply. To end their terms, officially, before the election, would restrict their official term, albeit not in practice.
Kris Kringle

Vice Delegate of the South Pacific - 
Forum Administrator
Deputy Minister of Communications and Integration (former) - Minister of Foreign Affairs (former)


 
Kringle's What? Moment: [01:32] Then let's have breakfasts at night between the Delegate and Vice Delegate
#29
Am I the delegate and the MoJ? Am I a TSP god?

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#30
Hail Emperor!



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