Executive Order 1 / Cabinet Order 28
Summary | The Cabinet issues clarification on legal ambiguities.
While exploring the law concerning the appointment of Cabinet Ministers, the Cabinet realized there existed ambiguity. Under the Charter, Article V, Sections 3 and 6 state the following:
(3) As leader of the Cabinet, the Prime Minister is responsible for overseeing a collective Cabinet agenda, and may give directions and instructions to the ministers. In addition, the Prime Minister will also be responsible for appointing and dismissing other ministers. Disputes within the Cabinet are subject to the majority decision and collective responsibility; where there is no majority the Prime Minister’s vote shall be the deciding one.
[. . .]
(6) Executive elections will be held every four months, where the Prime Minister will be up for election, while all Cabinet positions will be appointed by the Prime Minister.
However, the Elections Act, under Article 6, states the following in Section 1:
(1) A special election will be held for vacancies arising within the Cabinet, if at least half of the term remains. If less than half of the term remains, or the position is vacant due to nobody running in its election, the Cabinet may appoint a replacement until the next regularly scheduled election.
In recognition of the Charter’s supremacy over all other laws, and believing that the following will be the least disruptive to existing law, the Cabinet, under Article V, Section 15 , issues this Executive Order to amend the Elections Act, Article 6, Section 1 to read as:
(1) A special election will be held for a vacancy in the office of the Prime Minister. If at least half of the term remains, the elected Prime Minister will serve until the next regularly scheduled election. If less than half of the term remains, the elected Prime Minister will serve the remainder of the scheduled term and the additional subsequent full term.