Executive Decree

"*Everyone knows the coronavirus follows executive decrees! It's a virus not a barbarian*"

- Twelve Titans

An **Executive Decree** is a means of issuing directives usually by the executive branch of the New West Indies utilized by the Secretary-General or one of the four secretaries. The Founder may also issue decrees under their jurisdiction. The legal basis for such a decree has multiple sources. §18 of the Constitution provides that the Secretary-General or any secretary may issue decrees enacting "administrative orders" within their respective jurisdictions. General Assembly Resolution 044 provides that decrees enacted by the Executive may be binding or non-binding depending on the category and rank lower than General Assembly law in interpretations. It also provides for various content and documentation requirements.

Executive Decrees are subject to judicial review by the High Court and may be repealed by the General Assembly with a simple majority vote. Under judicial review, which stems from the State Court division, the Court may decide to strike in part or in total the executive law depending on the circumstances of the case. Certain executive initiatives require a decree to be enacted, such as the establishment of government programs. Any decree must be announced to the public and contain certain relevant information about its enactment.

An Executive Decree remains in force as New West Indies law until it is overturned or expire. A secretary or the Secretary-General may review and revoke past decrees regardless of whether it was passed by a predecessor. The Secretary-General may, at their discretion revoke a decree enacted by a secretary, regardless of whether that secretary was in their government or a prior one. The Founder may similarly revoke their own decrees.

## Basis in the Constitution

The Constitution explicitly permits the use of Executive Decrees by the Secretariat or Founder. §18, paragraph 3 permits "each Secretary and the Secretary-General" to "issue unilateral decrees enacting administrative orders" within their respective jurisdiction. Meanwhile, §23 permits the Founder to "issue executive decrees containing the purpose and duration of validity [sic] of such to take precautionary measures to avoid [foreign aggression]."

The High Court of the New West Indies has defined Executive jurisdiction as the "maintenance of official communication platforms," executive operations, or "the maintenance of regional affairs" not delegated by law to another entity.

All decrees are published in *Executive Register* within the Karteria Executive Decree Library.

## History and usage

The first decree was issued by Secretary of Administration Karteria on March 19, 2019. In total, 28 decrees have been enacted. Only three of the region's seven Secretaries-General have issued Executive Decrees; by far the most prolific was Karteria, who enacted 20 during their tenure. The style and form of decrees have varied over time.

Since their inception, Executive Decrees have been documented in an index that was later renamed after its creator, Karteria, following their corresponding induction into the Hall of Fame. The index linked each decree and showed its title, enactor, publishing date, and status. The decrees themselves, meanwhile, have always included a preamble explaining the purpose of enactment. Later decrees would be more careful about including their legal validity, especially for more complex matters.

The first decrees stemming from the Office of the Secretary-General occurred in July 2019 under the Karteria Government. These largely focused on temporary security measures during the Electorate and Farechia crises, though they later expanded to enforcement of General Assembly law.

The first decree not issued by Karteria was Executive Decree 026 on June 3, 2020, which was also the first decree enacted by the Founder, Achipel. The first Secretary-General decree not issued by Karteria was Executive Decree 027, issued by Celestiam on October 20, 2020, which concerned radio broadcasting.

### Karteria

Across 20 Executive Decrees, the Karteria Government addressed various regional matters. The first decree established the Deputy Secretary position. The next decree banned three nations from the New West Indies, including Electorate, for alleged conspiracy. The Secretary-General also created new government jobs, updated electoral information requirements, created communication rules for the Discord server and regional message board, and authorized the introduction of the private broadcasting industry.

## Table of decree usage

It should be noted that no Secretary other than Secretary of Administration Karteria has issued a decree. All data are sourced from the Karteria Executive Decree Library.

Founders

Secretaries of Administration
 Karteria | 5
 New United Carolinas | 0
 Gallaton | 0

## Reaction

Executive decrees have been utilized in the past to create fairly broad programs and policies, such as broadcasting licensure and various security measures. One extreme example is Executive Decree 025, which declared the region Union of Liberty as an "Enemy of the State," preemptively declaring any nations thereof as *personae non gratae*. Secretary-General Karteria cited Yashou Japan's many alleged crimes and security breaches, including puppet flooding, defamation, and unauthorized recruitment.

On January 16, 2020, Secretary-General Karteria enacted Executive Decree 017, establishing communication rules for Discord. However, the Founder, Achipel, vetoed the decree on the same day, the first instance of such power. The Founder cited that there was no legal jurisdiction for the Secretary-General over Discord and that the General Assembly needed to establish the jurisdiction (and communication rules) instead. Following significant discussion among members of the Assembly regarding the proper authority of the Executive, the Founder, and the legislature, Karteria agreed to amend the decree to include Achipel's requests. Executive Decree 018 was enacted on January 27, 2020 as a result.

### Legal conflicts

As a result of the Executive Decrees concerning private broadcasting, Region's Attorney Yewtopia submitted an Advisory Opinion request to the High Court. The RA inquired whether the Executive Branch had the authority to "alter, remove or amend permissions" for stations "if they perceive this action to be justified and necessary?" In response, the Court opined that the Executive likely has the authority to "license and regulate" stations and that station ownership is a privilege extended by the Executive.

## Secretary-General proclamation

A Secretary-General proclamation is a memo to the General Assembly regarding the Executive's "desired resolutions or actions, of which the General Assembly can either accept or deny". This type of proclamation was first authorized under General Assembly Resolution 010. Under General Assembly Resolution 044, such proclamations require an Executive Decree to be official, though they are not considered binding law.

## References

1. ↑ Titans COVID quote.
2. ↑ 2.0 2.1 2.2 §18 of the Constitution.
3. ↑ 3.0 3.1 3.2 3.3 General Assembly Resolution 044: "Regulating Executive Decrees and Redefining Executive and Legislative Jurisdictions".
4. ↑ General Assembly Resolution 021: "Establishment of a Judicial System", § III(C).
5. ↑ §23 of the Constitution.
6. ↑ *Reno Sheriffs Department v. New West Indies*, 20-12 N.W.I. 113 (2021). Cited *In re Station Administration*, N.W.I. A.O. 148 (2021).
7. ↑ 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 Karteria Executive Decree Library.
8. ↑ Executive Decree 025.
9. ↑ 9.0 9.1 Achipel's veto of ED017.
10. ↑ High Court records (publications).
11. ↑ 11.0 11.1 *In re Station Administration*, N.W.I. A.O. 148 (2021).
12. ↑ General Assembly Resolution 010: "Defining Executive and General Assembly Authority".

## External links

* *Executive Register*

* Karteria Executive Decree Library