NCC Rules in Favor of Stirner
The Justices of the NCC Announce Verdicts on Fatherson v. Stirner
December 17, 4560
Premier Karl Stirner Giving a Press Release Following Lengthy Constitutional Court Case
The National Constitutional Court finally came to a decision on the controversial case Fatherson v. Stirner in which the President of the Republic (Evan Fatherson) sued the cabinet and Premier (Karl Stirner) for breaking the Presidential Prerogative by leaving the Presidential Party out of the position of Minister of Foreign Affairs. The case ended in a victory for Premier Stirner who avoided prosecution through a defense formed by his attorney, Norm Averill, which claimed that the parties could not form a cabinet to all of their liking and that the LDP's stubbornness had forced them to break the prerogative in order to uphold a separation of powers and form a new government. Charles Crushtust, the lead attorney for President Fatherson, fired upon the defense with the simple yet logical and powerful fact that the cabinet did not follow the law down to the letter, but was overall unable to defeat the defense's argument.
Not only has the National Constitutional Court ruled that the government was not guilty and that the cabinet was within the confines of the law, but it also ruled that the political parties of Kalistan work together in order to amend the Presidential Prerogative in a way which would avoid a future constitutional crisis. The amendments which we see as the most likely to be passed were the ones proposed by Henry Bennots who, on behalf of SPoK, submitted an amicus curiae brief to the NCC which seemingly took no side in the case but did propose that the Prerogative be changed.
SPoK Prerogative Change Proposition
If you will permit me to make a suggestion. I will make two. one is specific to this case and the legal questions before you. The second is more general. First off, If we had the vote we would rewrite the Prerogative to show that the separation of Powers provisions and with them, the requirements that certain Parties hold certain positions only apply to the first appointment, and after that, go to SHOULD, but not MUST.
Secondly, I would suggest that any Party that takes a seat which is contested, and does nothing with it, and this includes Premier on down, that would provide for the opportunity to make a new Government to get rid of the deadbeat. That means Head of Government, which is not an elected position, but it is appointed by the Assembly. That means Foreign Affairs, which MUST go to the President in the first proposal, but after the above suggestion, SHOULD go to the President. That includes the Ministers of Finace and Science, who should go to Parties that want to do something with them.
Premier Karl Stirner's Press Address Following the Verdict
The court made the right decision, that's obvious. The actions of the cabinet and those who proposed it were completely justified due to Liberal stubbornness. It's terrific that we have also been able to work in a change to the Prerogative, this situation has caused much division and instability in Kalistan and this cannot be allowed to happen again. Hopefully once all this mess is behind us, we can try to mend party relations and bring cooperation back up, but I don't know when that can happen.