Council of State (Eniarku)

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Kingdom of Eniarku

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Politics and government of
Eniarku


His Majesty's Government

His Majesty's Most Honourable Council of State, usually known simply as the Council of State, is a formal body of advisers to the sovereign of the Kingdom of Eniarku. The Council also functions as a cabinet, forming the collective decision-making body of His Majesty's Government. It is composed mainly of the executive cabinet ministers, as well as senior politicians who are present or former members of the Parliament (who are typically appointed as ministers without portfolio or, less commonly, privy counsellors).

Officers of the Crown, especially those in charge of an executive department, are chosen primarily from the elected Parliament by the sovereign. These heads of the government departments typically have the title of "Minister of [function, e.g. Defense]", and advise the monarch on executive decisions with respect to their section of government policy.

History

Since the establishment of the Republic of Eniarku in 2009, the head of state of the state's various incarnations has nearly always established a body of advisors to assist him or her in their duties. The first and perhaps most notable cabinet was the Meek-Horn Cabinet, composed of what many contemporary texts refer to as Eniarku's "Founding Fathers".

During the time of communist Eniarku, the Supreme Executive Commissioner relied heavily on the Politburo of the long-defunct Eniarkian Worker's Party (EWP), composed of many executive commissioners who topped the vast hierarchy of the state. When the nation became a member of the North American Confederation in late 2010, much of the state-level bureaucracy was dissolved and replaced with the confederal-level cabinet, not allowing much room for state governments to expand. After the collapse of the confederation, however, the government of the newly-formed Empire of Eniarku ballooned to include nearly as many departments as its predecessor state. This expansion is generally seen as the first "modern" cabinet by many legal scholars, despite the fact that there was still no legal basis on which the bodies were established.

The Eniarkian Confederation was created just as the power of the imperial government began to weaken, and as many of the departments began to experience severe inactivity. Before the official creation of a cabinet, however, the newly-formed Supreme Court of Eniarku provided the first legal basis on which the advisory body could be founded, a decision that would serve as the precedent for all future cabinets. The primary text of the decision reads:

In accordance with laws and regulations passed in both the current National Council, as well as previous incarnations of Eniarku, we, the members of the Supreme Court of Eniarku hereby declare that the Federal President, provided he or she is sound in all capacities, is authorized to lawfully appoint a body of advisors of an unlimited amount (provided limitations are not set forth by the National Council) responsible for the efficient operation of their respective federal department. Furthermore, the Federal President may also establish and disestablish these departments under any name, the offices of their officials under any title, and their responsibilities to any extent (again, unless limited) at his or her pleasure, as well as dismiss or appoint these officials at any time provided consent is given by the National Council. The Federal President may adjust the structure of this body through its power of executive order, and may make these changes at will, which are to include only delegations of powers, adjustments, and creations or disestablishments.

— Official Opinion of the Eniarkian Supreme Court on Cabinets of the Executive Branch

Though much of this decision is obsolete with respect to the current government, its outline is still followed by officials in the Kingdom of Eniarku.

Functions and composition

The Council of State is unique in that it operates as both a privy council and cabinet to the monarch. When acting on the Council's advice, the monarch is known as the King-in-Council (or, if female, the Queen-in-Council); together, the two bodies make up the majority of the executive authority of His Majesty's Government.

Functions

The sovereign exercises executive authority by making Orders-in-Council upon the advice of the Council of State. Orders-in-Council are drafted by the Government on behalf of—rather than directly by—the Sovereign, and serve as secondary legislation used to make government regulations and appointments. Further, these orders are typically used to grant royal assent for laws passed by the Parliament.

The Council is not a legislative body in its own right. Rather, most of the decisions made by the Council are issued under the specific authority of other institutions of the government (primarily Parliament), and are most commonly used for the regulation of public institutions. By using Orders-in-Council for this purpose, the Council fulfills its secondary purpose as the cabinet of His Majesty's Government by organizing and maintaining the executive bureaucracy.

Composition

Members of the Council are appointed and may be dismissed by the monarch at his pleasure. The allocation and transfer of responsibilities between ministers and departments is also generally at the king's discretion. The Council is often chaired in person by the king, though in his absence, the Minister of State fulfills the duties of chair, whose office is technically primus inter pares ("first among equals"), though he or she is clearly the de facto head of government given that the State Ministry is responsible for much of the nation's internal and foreign affairs.

The Council is traditionally composed of senior members of Parliament, though other non-MP civil servants may serve as well. In general, the entirely of the Council are collectively known as The Lords of His Majesty's Most Honourable Council of State, and individually referred to as a Counsellor of State (often shortened to Counsel). Ministers of State—those members who are heads of executive departments—are also granted additional ceremonial titles in their own right, and in this capacity form His Majesty's Great Officers of the Crown.

Current membership

By the letters patent of 6 April 2017, the seats were filled after a several month vacancy following the North American pretender crisis.

Portfolio Name
Minister of State
Lord High Steward
HRH The Prince of August
Minister of Defense
Lord High Constable
The Marquis of Hickory
Director-General of the National Bank
Lord High Chancellor
The Marquise of Hawthorne
Minister of the Royal Office
Lord Great Chamberlain
HH The Duke of Stoodleigh