In response to the submission of the Vizier, I feel it necessary to note that I do not disagree with the contention that the Pharaoh is superior to the Scribes, in terms of the hierarchy within the executive, it is clear that He is. My disagreement is with the submission that this superiority then allows the Pharaoh absolute control over the structures of the executive when such absolute control would, as I have argued earlier, be contrary to provisions prescribing the existence and functions of the Atef and the Vizier (both, I submit, within the executive), and, if one then accepts that the Pharaoh cannot use His power to further organise to alter the prescribed elements of the Vizier and the Atef, it follows, to me, that the Pharaoh cannot use said power to alter other prescribed elements of the executive, namely, the necessity that there is a Scribe for a mandatory ministry.
The Vizier's submission, as to the history of the provision on mandatory ministries, does not hold true to the facts of the time.
The Vizier claims that the provision, in conjunction with the provision on further organisation of the executive, was understood to grant the Pharaoh authority to organise the ministries as He saw fit, it was not and did not. The provision was understood to bind the Pharaoh's hands as to what ministries and Scribes must exist, in order to ensure that there were ministries enough for citizens to join, as membership of an executive ministry was once a requirement for membership of the Deshret. It is because of this that the Pharaoh submitted full slates of Scribes to the Deshret, even if that necessitated Himself serving as a Scribe in addition to being Pharaoh[note]In the first cabinet nominations, the then Pharaoh Lord Ravenclaw nominated Himself as Scribe of Foreign Affairs, if He was of the view that His power to further organise the executive enabled Him to simply retain the powers of the ministry He would have done so and not nominated Himself as Scribe, but He was not of that view, because that reading of the law was not the correct understanding and still is not, and so He nominated himself (
The confirmation vote for the said nominations)[/note], because He was required to fill ministries.
The understanding that the mandatory ministry provision was intended and understood to bind the Pharaoh is further supported by the reasoning given by the proposer of the amendment to remove it[note]Namely that, "Because mandatory ministries were implemented to ensure there were opportunities for citizens to be active for the purpose of attaining and maintaining Deshret membership, mandatory ministries are also stricken in these amendments in favor of allowing the Pharaoh to organize the Hedjet as they see fit", the amendment also removed the necessity to maintain membership in the executive for membership of the Deshret, and the ministry of justice was specifically excluded from the ministries which had their mandatory nature removed. (
The debate for the said amendment)[/note], which was not challenged by any other Councillor of the Deshret or the then Pharaoh. Additionally, it is supported by the proposition and debate on the State Code, prior to its adoption, with the proposer and other Councillors involved in the debate noting an understanding that mandatory ministries were required to have a minister[note]Cormac Stark (then Vizier and proposer of the State Code): "Added a Section 2.3(a) with mandatory executive ministries that must be overseen by Scribes."; "I'm fine with making the WA Affairs Department mandatory, but my thinking there is that the Delegate is directly responsible for the WA so he may, depending on who he is, want to handle that himself rather than appointing a minister."; (after a response to the previous statement) "The Pharaoh could appoint himself Scribe of Ma'at if he wanted but it's important for that to be a mandatory ministry for the purpose of executive participation and Deshret qualification.". Treize Dreizehn (then Keeper of the Deshret): (in response to the second comment noted above, and after which the third comment above was made) "There technically isn't anything that says a Scribe can't be the Pharaoh.". This, and the lack of disagreement on how the mandatory ministries provision was understood to operate (though there was disagreement on whether such a provision should exist at all), is demonstrative of the understanding of the provision that I espouse (that such ministries must have Scribes) and that the Pharaoh cannot just divide such ministries up as He sees fit or assume them directly to Himself (though He may appoint Himself as Scribe, in order to assume direct responsibility). (
The said debate)[/note], rather than being subsumed into other ministries or by the Pharaoh or Vizier.
As regards the provision as to delegation, it is specified to be limited to the powers afforded to the Pharaoh under that Section of the State Code[note]Section 2.4 of the State Code of Osiris "The Pharaoh will have the power to further organize the executive branch of government. The Pharaoh may delegate any of the powers and areas of oversight prescribed to them under this Section to officials in the executive branch of government. Such delegation does not affect the exercise by the Pharaoh of any such power or oversight.", referring to the powers and areas of oversight given in all of Section 2 ("Executive of Osiris") of the State Code[/note], so does not include powers afforded to any official in other sections of the State Code or under Acts of the Deshret, specifically relevant to the matter in dispute in these proceedings is the Criminal Codex Act, which, in a number of provisions, specifically names the Scribe of Justice as responsible for their execution[note]Sections 6.1, 8.1, 8.2 and 8.3 of the Criminal Codex of the Osiris Order Act all name the Scribe of Justice, or their deputy (who, presumably, is not generally the Pharaoh, due to His acknowledged superiority over Scribes), as the official who recommends sentences to the Pschent and brings alleged offences before it.[/note], and so requires the existence of a Scribe of Justice in order to be carried into effect, as it is not within the ambit of the provision on further organisation and delegation.
