Osiris Fraternal Order

Name: Datford-Zyvetskistaahn

What order or declaration are you seeking from the Pschent of Osiris?: A declaration that a mandatory executive ministry must have a Scribe appointed for it;

That the exercise of the functions of a ministry by the Pharaoh or the Vizier does not remove that requirement;

That the Pharaoh's power to "further organize the executive branch", is also a limit requiring the Pharaoh to maintain those structures in the executive branch that are prescribed by law.

Please provide a narrative of the facts which the Court needs to be aware of, to consider Judicial Review in this instance.: For some time (since around the 14th of April of this year), there has been no Scribe of Seshat. The Pharaoh, though taking applications for and seemingly intending to appoint a new Scribe of Seshat, has not made such an appointment.

In the process of making requests to the Priesthood of Seshat, I was informed by the Vizier that the Pharaoh had placed all ministries lacking a Scribe under his (the Vizier's) oversight, presumably meaning that he (the Vizier) is acting as though he were the Scribe of Seshat, though not being appointed as such.

To my awareness, these are the only truly pertinent facts of the situation that I posses, I imagine the Priesthood of Seshat could provide further, should my petition be permitted.

Please give a brief summary of the legal grounds warranting Judicial Review in this instance.: In seeking the first part of the declaration, I rely on Section 2.3(a) of the State Code, which states:

(a) The ministry of justice will be a mandatory executive ministry which must have a Scribe assigned to oversee it.

The ministry of justice is the only such ministry presently existing, though I believe that a declaration in the form I request could also aid in clarifying the position of future such ministries. The failure of the Pharaoh to appoint a Scribe is, quite clearly I would think, contrary to the provision of the State Code, and I seek confirmation that a Scribe must be appointed as the State Code prescribes.

The second part of the declaration I seek similarly relies on the provision of the State Code quoted above, and is, I think, a fairly simple statement that, if the State Code calls for the appointment of a Scribe, the exercise of the functions of the Scribe by someone not so appointed does not fulfill the requirement made by the State Code.

In the third part of the declaration I seek, I request clarification of Section 2.4 of the State Code, which states:

4. 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.

I believe that a correct interpretation of this provision would restrict the power of the Pharaoh to organise the executive branch in areas where the State Code prescribes elements of its organisation, such as through the existence of mandatory ministries or of the Atef. Such further organisation cannot, I submit, be contrary to prescribed elements of the executive, such as the requirement for the appointment of a Scribe for a mandatory ministry being evaded by empowerment of the Vizier. In this I rely, primary, on a construction placing emphasis on the phrase "further organize" within the provision, which I submit necessitates the existence of a base level organisation that is not determined by the Pharaoh, but by the State Code.

This petition has been accepted.

Elder Jurisdictions shall be the Presiding Elder.

I thank the Pschent for its acceptance. May I ask, will proceedings continue in this thread, or shall a new one be created for further proceedings, and as to the sort of timetable the proceedings are likely to have?

That will be at the discretion of the Presiding Elder. In theory, this thread would be retained for any questions, and a new thread would be opened for the findings of the Elder.

We shall open an new thread.

Datford-Zyvetskistaahn wrote:Fri May 29, 2015 6:43 pmI thank the Pschent for its acceptance. May I ask, will proceedings continue in this thread, or shall a new one be created for further proceedings, and as to the sort of timetable the proceedings are likely to have?

Elder Jurisdictions, I echo Councillor Datford-Zyvetskistaahn's question about the timeline for the proceedings. Thank you for your time.

If the Pschent would forgive my impatience, might I ask again as to timetabling?

I will poke the Elder in question, my apologies. I decided against handling this particular request because of my involvement in the relevant discussion.

An update: Zeorus will be handling this review.

I have reviewed the facts and events of this case (having been away during the time of the discussion in question), and will accept testimony from the appointed amicus curae in this thread.