SO 2017-51 Prevention of Abuses of Power Act

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SO 2017-51 Prevention of Abuses of Power Act

Post by Abdoa on Fri Jul 28, 2017 11:09 pm

Senate of the Parliamentary Union
SO 2017-51
Prevention of Abuses of Power Act

ARTICLE I: Preface
We, the Parliament of the Union, in order to allow the effective continuance of governance in the event of potential abuses of power, hereby move to limit the powers of officials to interfere in matters directly pertaining to themselves.

ARTICLE II: Restrictions
Section A: Parliament and the Speaker
1) Should any proposal be tabled in Parliament that directly names a sitting Senator, and achieve the co-sponsorship of at least three Senators, the named Senator is prohibited from casting a vote on that proposal, unless such a prohibition would disable the passage of such a proposal by allowing less than five senators to cast a vote.  If the Senator is named in regards with their role in another position within the Government or Legislature, this clause shall nonetheless apply.
2) Should any proposal be tabled in Parliament that directly names the sitting Prime Minister and achieves the co-sponsorship of at least three Senators, powers of the Speaker of Parliament will be automatically temporarily devolved to the Speaker to the Speaker Pro Tempore of Parliament for a period of seven (7) days, or until the proposal has been debated and voted on, whichever comes first.
3) Any proposal tabled in Parliament that directly names a sitting Senator or the sitting Prime Minister shall have seventy-two (72) hours from the time it is submitted to achieve three co-sponsorships, and if it enters the Debate Hall, no extensions may be granted to the time allocated for Debate and Voting of that proposal.
4) No Prime Minister may preside over a Vote of No Confidence tabled against them, and Clause 2 of this section shall be invoked in that case, nor may any Government official participate in a Vote of Impeachment tabled against them.
5) No Senator may participate in the adjudication of their own Trial before Parliament, and shall be prohibited from appointing another to take their place in adjudicating that Trial.  No Senator may interfere with any judicial proceedings.
6) No Senator shall submit a proposal that targets a specific nation or party in the region except in instances permitted by existing Law before the proposal was submitted.
7) No Senator may utilize these provisions as a weapon to prevent another Senator, the Prime Minister, or the Speaker Pro Tempore from exercising their legislative duties.
8 ) The Prime Minister and Speaker Pro Tempore may not both be named in the same proposal.
Section B: The Government
1) Ministers and their Ministries, the President, the Prime Minister, and any other Government officials are prohibited from issuing any proclamations or edicts, and are prohibited from taking any action regarding a specific individual in the region, except when permitted by existing Law before the proclamations or edicts were issued or before the action was taken.
2) No Government official may abuse their vested powers by acting to delay or otherwise hinder any Parliamentary actions to remove a nation from office. Similarly, no Government official may abuse their vested powers by acting to delay or otherwise hinder any judicial proceedings.  This includes the Prime Minister.
3) No nation may hold more than three offices in the Legislature and Government (combined) concurrently.  For the purposes of this Clause only, employees of a Ministry other than the Minister do not count as an office, nor does the position of Speaker Pro Tempore of Parliament.
4) For the purposes of this Section, the position of Founder is considered a Government official.
5) The Minister of Jurisprudence and all employees of the Ministry of Jurisprudence must be impartial with respect to ongoing investigations of Criminal Offenses or Civil Offenses and their subsequent Trials, unless the Minister or Employee is an acting Citizen’s Advocate or Union Prosecutor appointed to work the particular case in question.
6) No nation may unethically abuse judicial procedures to influence an ongoing investigation of a Criminal Offense or a Civil Offense, or influence the outcome of a Trial.

ARTICLE III: Enforcement
1) If a nation believes that a provision of this Act has been violated, or otherwise an Abuse of Power has been committed, they shall have the right to take the case to the Civil Court.  If it is found that an Abuse of Power has been committed, the Civil Court may take any necessary and proportional action to undo the Abuse of Power.
2) Abuse of Power, or the unlawful or unethical use of powers, vested or not, to circumvent existing Law, or to cause harm to another nation, is hereby a Criminal Offense and is classified as a Felony.

ARTICLE IV: Conclusion
We, the Parliament of the Union, hereby enact the above positions as law.

July 9th, 2017
The Rt. Hon. Minister of Jurisprudence Libertarian Democracy, MP LSM GSM
The Hon. Aralunya, MP
The Rt. Hon. Prime Minister Abdoa, MP LSM GSM
The Hon. Netherking Land, MP
The Rt. Hon. Minister of Development Hashkin, MP LSM

Debate scheduled July 15-17, 2017
Motion to Pass to a Vote made July 15, 2017, debate suspended July 15, 2017
Vote scheduled July 15-17, 2017

Status: enacted

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Abdoa, Prime Minister and Senator
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