Extraordinary Constitutional Convention 2017

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Re: Extraordinary Constitutional Convention 2017

Post by Hashkin on Mon Sep 25, 2017 10:19 pm

Libertarian Democracy wrote:I stand against this proposal.  I do not think the Founder should have the authority to dismiss Cabinet members.  The Prime Minister is perfectly competent in that respect.
I agree

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Re: Extraordinary Constitutional Convention 2017

Post by Abdoa on Tue Sep 26, 2017 2:59 am

I also concur.

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Re: Extraordinary Constitutional Convention 2017

Post by Aralunya on Tue Sep 26, 2017 7:23 am

Agreed
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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Thu Sep 28, 2017 4:30 am

I hereby move to suspend debate.

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Re: Extraordinary Constitutional Convention 2017

Post by Abdoa on Thu Sep 28, 2017 4:31 am

Supported.

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Re: Extraordinary Constitutional Convention 2017

Post by Aralunya on Thu Sep 28, 2017 6:22 pm

I second the motion.
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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Mon Oct 02, 2017 2:30 am

Debate time for SO#2017-21 has expired.  We will now begin debate on the next item.

SO#2016-12 ("The Region’s Administrative Branch 2016")
Initial Proposal: July 6, 2016; Senator Nassau-Windsor, Fifth Parliament
TEXT:
ACKNOWLEDGING that the Founder of Our Region, is no more than an ordinary member with administrative privileges and duties;

NOTING that the Constitution leaves some area for the Founder to interfere with the Regions politics directly;

BELIEVING that the Founder should always be an strictly regulated office, especially because of its privileges and important duties;

BE IT ENACTED by Nassau-Windsor, Founder of Our Region, by and with the consent and advise of Parliament and the Cabinet, in this present assembled, and by the authority of the same, as follows:-


Article 1
In an effort to regulate the position of the Founder of Our Region properly, We do hereby enact the provisions of this document as a Constitutional Amendment.

Article 2
We move to create and to add a new Article to the Constitution, to be named "Article V: The Administrative Branch".

Article 3
We move to add to the following to the Constitution as "Article V, Section 1":
"There shall be an Administrative Branch of government, in which are seated the Founder, the Regional Administrative Officers and other Administrative Members."

Article 4
We move to amend Article III, Section A of the Constitution to contain the new text:
"The Executive Brach of the Parliamentary Union of Sovereign States shall consist of the President, Prime Minister and Cabinet."

Article 5
We move to add the following to the Constitution as "Article V, Section 2":
"Subsection 1 The Founder must be elected by the Members, when his predecessor ceases to exist.
Subsection 2 The Founder must have an active account in the Region.
Subsection 3 There shall be no limitations to the duration of the Founder’s term, other than ceasing to exist."

Article 6
We move to add the following to the Constitution as "Article V, Section 3":
"Subsection 1 The Founder shall be the ultimate authority regarding administrative and civilian matters concerning the Region. The Founder's authority would not effect specific matters regulated by Act of Parliament (or an Amendment passed by Parliament), approved by the Founder as such, as those are to be considered in-character.
Subsection 2 As affirmed to Article 1, Section D of Our Constitution, the Founder may not take part in government affairs, unless he holds another office that entitles him to do so or as that would be unreasonable in the way that the Founder would then have fewer options to take part in these matters than any other member who does not hold any office.
Subsection 3 The Founder may appoint and dismiss Regional Administrative Officers.
Subsection 4 The Founder may appoint and dismiss Administrative Members.
Subsection 5 The Founder is entitled to use all administrative powers, privileges and functions, able to be used from NationStates in the Region, as well as all those on the Forum.
Subsection 6 In relation to the Subsections 3 and 4 of this Section, Parliament shall determine by a simple majority vote the specific number of Regional Administrative Officers and Administrative Members which can be appointed by the Founder."

Article 7
We move to add the following to the Constitution as "Article V, Section 4":
"It is the Founder’s duty to ensure that the World Factbook Entry, Regional Message Board and the Forum runs properly.  Accordingly, he is entitled to update and regulate them. He must do everything in his capabilities to do so correctly and promptly."

Article 8
We move to add the following to the Constitution as " Article V, Section 5":
"Subsection 1 The Founder may eject and ban nations that come into Our Region, whether on NationStates or the Forum, when they are repeatedly spamming, trolling or violating the rules of NationStates or the Forum, but not unless he has given the specific nation a public warning. No nation may be ejected or banned because of in-character matters.
Subsection 2 If Regional Administrative Officers or Administrative Members would use these powers against a member, they have the privilege to demand an appeal to the Founder. The Founder will then decide on the case and his decision will be final."

Article 9
We move to add the following to the Constitution as " Article V, Section 6":
"The Founder must accept and abide by all in-character decisions of Parliament and the Executive Branch as long as they do not effect out-of-characters matters or are to be considered reasonable."

Article 10
We move to add the following to the Constitution as " Article V, Section 7":
"Subsection 1 The Founder will regulate votes via regional polls. The subject of these votes may not be either a Bill or an Amendment that has been laid before Parliament.
Subsection 2 The Founder will make sure that votes, as well as their outcomes, are publicised and abided by.
Subsection 3 The Founder may never vote in any of the polls concerning his own position as Founder."

Article 11
We move to add the following to the Constitution as " Article V, Section 8":
"Subsection 1 The Founder is tasked with the security of the Region. He may therefore lock the Region by setting a password for a temporary amount of time. The Founder may not devolve the power to lock the Region to any of his Regional Administrative Officers or Administrative Members.
Subsection 2 Contrary to subsection 1 of this Section, the power to lock the Region by setting a password will be devolved to the [most senior] Regional Administrative Officer, that is active himself, by virtue if the Founder is inactive for at least 10 days."

Article 12
We move to add the following to the Constitution as " Article V, Section 9":
"The Administrative branch of government will execute punishments rightfully issued by the Administrative Branch or the Judicial Branch of government for both in-character and out-of-character violations to the Rules, Regulations and Law of the Region and the hosts, respectively NationStates and Forumotion."

Article 13
We move to add the following to the Constitution as " Article V, Section 10":
"In order to keep discussions and debates civilised, the Administrative Branch may suppress messages on the Regional Message  Board and the Forum. The suppression must be accompanied by a warning."

Article 14
We move to add the following to the Constitution as " Article V, Section 11":
"Subsection 1The Founder may not use his role as such to abuse powers or privileges by making decisions. If any member argues that the Founder does, he is permitted to ask for a Commission to review his case. The Commission consists of the President, unless that is the Founder, in which case it shall be the Prime Minister, as speaker, and two Senators, not being the Founder. Further regulations regarding such a review are to be created and published by the Founder.
Subsection 2 The Commission may only determine whether or not a Founder’s decision is being an abuse of power or privilege as stated in Article V, Section 11. If they find that the decision is not based upon abuse of power, the decision will stand. If they do find it based upon abuse of power, the Judicial System will decide whether or not the decision will stand or will be changed."

Article 15
We move to add the following to the Constitution as " Article V, Section 12":
"The powers, privileges and duties as mentioned of the Founder may be devolved to Regional Administrative Officers unless otherwise stated. The Founder is free to choose how he devolves his powers, privileges and duties. Article V, Section 11 and Article V, Section 11 shall be of similar effect to Regional Administrative Officers. The Founder is entitled to overrule the decisions taken by a Regional Administrative Officer at all times."

Article 16
We move to add the following to the Constitution as " Article V, Section 13":
"The powers, privileges and duties as mentioned of the Founder may be devolved to Administrative Members unless otherwise stated. The Founder is free to choose how he devolves his powers, privileges and duties. Article V, Section 11 and Article V, Section 11 shall be of similar effect to Administrative Members. The Founder and Regional Administrative Officers are entitled to overrule decisions taken by an Administrative Member at all times, unless such would contradict to an earlier decision of the Founder which has not been repealed by the Founder."

Article 17
We move to add the following to the Constitution as " Article V, Section 14":
"The Founder and the Administrative Branch may use all future and unmentioned privileges and powers to perform their duties for the better of the out-of-character side of the Region, as long as this does not lead to abuse of these privileges or powers."

Article 18
We move to add the following to the Constitution as " Article V, Section 15":
"When the Founder ceases-to-exist, his duties, privileges and rights are to be trusted to the Prime Minister, until another Founder has been elected by regional vote regulated by that Prime Minister or his successor."

Article 19
We move to add the following to the Constitution as " Article V, Section 16":
"If at any time the Founder loses his nation in Our Region, other than because of technical issues caused by NationStates, he shall be considered to be ceased-to-exist by default."

Article 20
We move to add the following to the Constitution as " Article V, Section 17":
"Because of his administrative role, the Judicial System may not punish the Founder in such a way that he is required to remove his nation from the Region. They may however determine that the Founder shall lose all in-character privileges and offices for an further to be determined amount of time."

Article 21
We move to add the following to the Constitution as " Article V, Section 18":
"If at any time a ceased-to-existed Founder returns to the Region, he shall not have a claim on the office of Founder by default."

Article 22
We move to add the following to the Constitution as "Article V, Section 19":
"The Founder, from now until he ceases-to-exist, shall be the ultimate authority of the Region."

Article 23
We move to add the following to the Constitution as "Article V, Section 20":
"The Founder will regulate and control all elections via Regional polls."

Article 24
We move to revoke Article III, Section B, along with its Subsections, from the Constitution.


Last edited by Libertarian Democracy on Mon Oct 02, 2017 3:16 am; edited 1 time in total

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Mon Oct 02, 2017 3:15 am

Lots to say here.  Lots of Amendments to propose.

The Founder should have no right to decide what Acts of Parliament they have to follow.  It is the sole role of the President to give assent.
Amendment I: In Article 6, in the proposed V.3.1, the phrase "approved by the Founder as such" shall be stricken.

Parliament should be the most supreme regulatory body regarding the administrative functions.  Just as Parliament can override a Cabinet regulation, it must be able to exercise basic powers over the Administrative Branch.
Amendment II: In Article 6, in the proposed V.3.5, the phrase "subject to the regulation of the Parliament" shall be appended.
Amendment III: In Article 7, in the proposed V.4, the phrase "subject to the supercession of Parliament" shall be inserted after the phrase "he is entitled to update and regulate them."
Amendment IV: In Article 9, in the proposed V.6, all text after the phrase "Executive Branch" shall be stricken.

Article 8 of this Act, as written, would effectively deny all judicial rights to an accused.  However, it must be recognized that summary action is necessary to immediately stop a spammer.  So this next set of Amendments will make a compromise that will satisfy both needs.
Amendment V: In Article 8, in the proposed V.5.2, the phrase "within the Administrative Branch" shall be appended.
Amendment VI: In Article 8, the following shall be added to the proposed V.5:
"Subsection 3: Nations may appeal any ejection or ban made under this Section to the relevant judicial authorities.  This shall be done by filing a Writ of Habeas Corpus with the Speaker of Parliament.  The Speaker of Parliament will then issue public notice that the Ministry of Jurisprudence shall have fourteen (14) days to file charges or the ban will be automatically lifted."

In order to retain full democracy, the People must be able to vote on Constitutional Amendments directly.
Amendment VII: In Article 10, in the proposed V.7.1, the following phrase "except Constitutional Amendments" shall be appended.

I strongly believe that no officeholder should be their own oversight.
Amendment VIII: In Article 14, in the proposed V.11.1, the phrase "created and published by the Founder" shall be replaced by the phrase "created and published by the Parliament".

I also believe that Parliament and the Courts should be the bodies determining punishments, not the Founder.  So this Amendment should only exclude punishments that would not be logistically possible.
Amendment XI: In Article 20, the proposed V.17 shall be replaced by the following text:
"Because of his administrative role, the Judicial System may not punish the Founder in such a way that he is required to remove his nation from the Region, nor may they issue any punishment that would prevent the Founder from exercising his out-of-character powers under this Article."

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Re: Extraordinary Constitutional Convention 2017

Post by Nassau-Windsor on Mon Oct 02, 2017 9:05 am

[Placeholder for comments.]

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Sat Oct 07, 2017 5:38 am

Debate time for SO#2016-12 has expired.  We will now begin debate on the next item.  Due to my lateness in doing this, I have pushed all further items one day back to allow for adequate debate time.

SO#2017-64 ("The 2017 Constitutional Amendment Act on the Administrative Branch")
Initial Proposal: August 25, 2017; Senator Nassau-Windsor, Tenth Parliament
TEXT:
SEVERAL AMENDMENTS TO OUR CONSTITUTION to further regulate the position of the Founder, the Regional Officials appointed to perform, on the Founder's behalf, administrative as well as technical functions, as well as for other constitutional reasons.

ACKNOWLEDGING that We tried to implement similar amendments with Senate Order 2016-12 ("The Region's Administrative Branch 2016 Constitutional Amendment"), yet that it was not passed into law;

HOWEVER OBSERVING that the Amendments were met with welcome words, and that the only reason it did not pass Parliament, was a lack of quorum among the voting Members, not because of discontent among said Members;

THEREFORE BELIEVING that a second attempt should be made to pass these several Amendments, alongside other such Amendments, which have now been added to this Constitutional Amendment;

NOTING that the reasons mentioned in the preamble of the said Senate Order 2016-12 are equally relevant to this Constitutional Amendment;

BE IT ENACTED by Us, Nassau-Windsor, Founder of Our Region, by and with the advice and consent of Parliament and Cabinet, in this present assembled, and by the authority of the same, as follows:-


Chapter One: General provisions
Article 1
This Act shall be classified as a Constitutional Amendment.

Article 2
This Act may be cited as "[The] 2017 Constitutional Amendment Act on the Administrative Branch".

Chapter Two: Amendments to Article I of the Constitution
Article 3
We move to replace the word "with" stated in Article I, Section A, of Our Constitution by the word "within".

Chapter Three: Amendments with regards to the Administrative Branch
Article 4
We move to create and to add a new Article to the Constitution, to be named "Article V: The Administrative Branch".

Article 5
We move to add the following provision to the Constitution as "Section 1" of the said newly created Article V, which shall have the following text: "There shall be an Administrative Branch of governance, which consists of the Founder, the Regional Administrative Officers, and other Administrative Officials."

Article 6
We move to add the following provision to the Constitution as "Section 2" of the said newly created Article V, which shall have the following text: "Subsection 1 A Founder is to be elected among from and by the Members of Our Region whenever the previous incumbent ceases-to-exist or freely chooses to resign from that Office. The Office of Founder may not be performed by any other Member than the rightfully elected Member. Subsection 2 The Founder must have an active account in the Region at all times. Subsection 3 There shall be no limitations to the duration of the Founder's term."

Article 7
We move to add the following provision to the Constitution as "Section 3" of the said newly created Article V, which shall have the following text: "Subsection 1 The Founder shall be the ultimate authority regarding administrative and technical matters concerning the Region. The Founder shall, however, not have any rights, powers, prvileges, duties, or responsibilities with regards to the in-game character of Our Region withouth holding another position or office. Subsection 2 The Founder may not take part in affairs of governance, unless he holds another position or office than entitles him to do so or unless that would be unreasonable in the way that the Founder would then have fewer options to take part in these matters than any other ordinary member. Subsection 3 The Founder may appoint and dismiss Regional Administrative Officers and Administrative Officials as he pleases. Subsection 4 It shall be proper for the Founder to use and enjoy all powers, privileges, and functions with either an administrative or a technical ground or application. Subsection 5 The Regional Administrative Officers as well as the Administrative Officials shall assist the Founder on his behalf with his duties and responsibilities. The Founder may devolve several specific privileges to do so, yet the said Officers and Officials must abide by the regulations given to them by the Founder. The Founder may overrule his said Officers and Officials."

Article 8
We move to add the following provision to the Constitution as "Secion 4" of the said newly created Article V, which shall have the following text: "It is the Founder's duty to ensure that the pages connected to Our Region on NationStates, as well as to the Forum, and the DISCORD-channel, run properly to the best of his abilities. Accordingly, he is entitled to update and regulate them."

Article 9
We move to add the following provision to the Constitution as "Section 5" of the said newly created Article V, which shall have the following text: "The Fonder may eject and/or ban all those who reside in Our Region on NationStates and all accounts created on Our Forum and DISCORD-channel, when they are violating the general rules of such media in order to perform and function properly. By no means may this power be exercised for in-character reasons whatsoever."

Article 10
We move to add the following provision to the Constitution as "Section 6" of the said newly created Article V, which shall have the following text: "The Founder has to comply with and abide by all in-character laws that have the force of rule and are in effect, so long as they do not effect out-of-character matters or change the technical or administrative way the Region is regulated and functions."

Article 11
We move to add the following provision to the Constitution as "Section 7" of the said newly created Article V, which shall have the following text: "Subsection 1 The Regional security shall be a reponsibility dually held by the Founder and the Minister of War. The Founder may lock the Region by setting a password in order to guarantee the security of the Region. The Founder may only do this occasionally and temporarily, when he has severe and good reasons to fear for the security of the Region. This power may, under no circumstances whatsoever, be devolved to others. Subsection 2 Contrary to Subsection 1, the power to lock the Region will automatically be devolved to the most senior active Regional Administrative Officer, or when there is no such Officer, to the most senior active Administrative Official, if the Founder is inactive for at least 15 days on all media of the Region."

Article 12
We move to add the following provision to the Constitution as "Section 8" of the said newly created Article V, which shall have the following text: "The Administrative Branch may suppress, and if possible remove, messages on the media used by the Region when they are disorderly and in violation of the general rules of a civilised debate or discussion. In-character messages may not be removed or suppressed."

Article 13
We move to add the following provision to the Constitution as "Section 9" of the said newly created Article V, which shall have the following text: "The Founder may not use his role as such to abuse powers or privileges."

Article 14
We move to add the following provision to the Constitution as "Section 10" of the said newly created Article V, which shall have the following text: "The powers, privileges and duties as mentioned of the Founder may be devolved to Regional Administrative Officers and Administrative Officials unless otherwise stated. The Founder is free to choose how he devolves his powers, privileges and duties."

Article 15
We move to add the following provision to the Constitution as "Section 11" of the said newly created Article V, which shall have the following text: "The Founder and the Administrative Branch may use all future and unmentioned privileges and powers to perform their duties for the better of the out-of-character side of the Region, as long as this does not lead to abuse of these privileges or powers."

Article 16
We move to add the following provision to the Constitution as "Section 12" of the said newly created Article V, which shall have the following text: "When the Founder ceases-to-exist, his duties, privileges and rights are to be trusted to the President, until another Founder has been elected by regional vote regulated by that Prime Minister or his successor."

Article 17
We move to add the following provision to the Constitution as "Section 13" of the said newly created Article V, which shall have the following text: "If at any time the Founder loses his nation in Our Region, other than because of technical issues caused by NationStates, he shall be considered to be ceased-to-exist by default."

Article 18
We move to add the following provision to the Constitution as "Section 14" of the said newly created Article V, which shall have the following text: "Because of his administrative and technical role, the Judicial System may not punish the Founder in such a way that he is required to remove his nation from the Region."

Article 19
We move to add the following provision to the Constitution as "Section 15" of the said newly created Article V, which shall have the following text: "If at any time a ceased-to-existed Founder returns to the Region, he shall not have a claim on the office of Founder by default."

Article 20
We move to revoke Article III, Section B, along with all of its subsections, from the Constitution.

Chapter Four: Other Constitutional Amendments
Article 21
We move to amend Article III, Section A of the Constitution so that it will read as follows: "The Executive Branch of the Parliamentary Union of Sovereign States shall consist of the President, Prime Minister and Cabinet Ministers."

Also, to my Honourable Friend Nassau-Windsor, as per the rules of this Convention set forth by the law that authorized it, debate time has expired for the previous item. Therefore, I ask that you not post comments in your reserved post. It would be unfair to the other Delegates who cannot respond to it since we have moved on. I hope you understand.

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Sat Oct 07, 2017 5:41 am

I do not find this proposal to be substantially different from the previous. I therefore table a Motion to Suspend Debate.

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Re: Extraordinary Constitutional Convention 2017

Post by CR Lhistonia on Sat Oct 07, 2017 8:22 am

I second the motion
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Re: Extraordinary Constitutional Convention 2017

Post by Aralunya on Sat Oct 07, 2017 11:04 am

I sustain the motion.
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Re: Extraordinary Constitutional Convention 2017

Post by Abdoa on Sun Oct 08, 2017 6:26 am

I oppose the last two constitutional amendments on the grounds that a) they would make about half of the Constitution's text be about the Founder, in way too much detail for that which is allocated to the other branches, and b) I don't think the Founder should be considered separate from the other current executive officers (Pres and PM), because they all have OOC functions that have to do with administration - even the Parliament has a lot of administrative authority - and I don't think that we can afford to just lock off that entire policy area and give it indefinitely to the Founder.

With that, I sustain the motion.

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Sun Oct 08, 2017 8:28 pm

Debate on SO#2017-64 is hereby suspended.  We will now begin debate on the next item.

"Vice President Amendment"
Initial Proposal: Sept. 13, 2017; Parliament Delegate Lhistonia, First Extraordinary Constitutional Convention

Please note that this proposal has been modified by the Chair to conform to legislative standards.  None of the content was altered.  The original version may be accessed here.

TEXT:
Article I: Introduction
In order to prevent regional inactivity and difficulties when the President is inactive, we do create the position of Vice President within the Executive.

Article II: Amendments
1) Article III, Section A of the Constitution shall be amended to read as follows: "The Executive Branch of the Parliamentary Union of Sovereign States shall consist of the Founder, President, Vice President, Prime Minister, and Cabinet".

2) The sections within Article III after Section C shall be incremented one letter.

3) The following shall be inserted as Article III, Section D of the Constitution:
"Section D: The Vice President shall serve as provisional Head of State of the Union
Subsection 1: The Vice President shall be appointed by the President after the latter's election. After the 3 months Pres. Term's end, the Vice President remains in his/her position, until the new President decides to replace him or further his/her mandate.
Subsection 2: The Vice President shall take the powers and duties of the President in case the latter is inactive for more than seven days without notice.
Subsection 3: The Vice President shall take the powers and duties of the President if the President announces a determined or undetermined period of inactivity.
Subsection 4:  If the Vice President takes the powers and duties of the President in the terms dictated by the Constitution, he will not be longer reffered to as the Vice President, but as the President ad Interim.
Subsection 5: If the Vice President takes the powers and duties of the President in the terms dictated by the Constitution, the same will have to appoint another Vice President, the Vice President ad Interim.
Subsection 6:  If the Vice President takes the powers and duties of the President in the terms dictated by the Constitution, and the President does not become active before presidential elections, the elections will be held normally, with the Vice President being able to candidate himself for President.
Subsection 7: The Vice President can and shall participate and help the President in his/her duties and activities."

Article III: Conclusion
We, the Parliament of the Union, with the advice of the First Extraordinary Constitutional Convention, do hereby enact this document and its provisions as an Amendment to the Constitution of the Union, and order the Founder to update the Constitution exactly as mandated by the provisions of this document, and in a timely manner.

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Sun Oct 08, 2017 8:36 pm

I think this is a pretty solid amendment, and Presidential inactivity has historically been a problem we've never really had a solution for other than the serious, time-consuming process of impeachment. There is only one amendment I have to offer, which really regards move of the spirit of this legislation:

Amendment I: In Article II, Clause 2, the proposed Article III, Section D shall read, "The Vice President shall serve as deputy to the President". None of the proposed subsections shall be altered.

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Re: Extraordinary Constitutional Convention 2017

Post by Abdoa on Sun Oct 08, 2017 8:42 pm

I also support this amendment and the Amendment thereof.

I move to suspend debate.

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Re: Extraordinary Constitutional Convention 2017

Post by Aralunya on Sun Oct 08, 2017 8:58 pm

I support the Amendment and the amendment to the amendment.

I second the motion
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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Sun Oct 08, 2017 9:22 pm

I also second the motion.

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Wed Oct 11, 2017 2:21 am

The draft proposals and the relevant amendments have been submitted to the Chairpersons of the Parliamentary Committees. The Laws this Convention is bound to follow mandate that there shall be 21 days allocated for Committee Review before they submit their reports. I do not want to begin any voting procedures before those reports are submitted. As such, once debate on the current (final) item has concluded, this body shall be suspended. We will reconvene on November 1st to debate for fifteen days the reports from the Committees, then we will begin the voting process.

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Fri Oct 13, 2017 2:00 am

Debate time for the Parliament Delegate's proposal has expired. As I previously announced, I do hereby suspend this Extraordinary Constitutional Convention until further notice.

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Wed Nov 01, 2017 1:16 am

At this time, the Parliamentary Committee Chairs are invited to post their reports in this thread. To the Delegates, please wait until I formally reconvene the ECC before you post in this thread.

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Re: Extraordinary Constitutional Convention 2017

Post by Libertarian Democracy on Wed Nov 01, 2017 1:18 am

Delegates of the First Extraordinary Constitutional Convention,

Over the course of fourteen days, the Development Committee of the Parliament of the Union discussed and debated the various proposals we were sent, as mandated by Article 12 of SO#2017-63 (“Motion to Convene an Extraordinary Constitutional Convention”).  This report, compiled by the Chairman of our Committee, details the committee’s findings.  Each proposal was analyzed and given one of three classifications based on how it would likely affect regional development and activity: Negative Effects, Positive Effects, or No Significant Effects.  In short, our determinations are as follows:

SO#2015-07 (“Deputy Prime Minister Act”): No Significant Effects
SO#2015-11 (“Reducing Constitutional Ambiguity”) & Amendments: No Significant Effects
SO#2016-09 (“Ending Limitations on Debate Numbers”): No Significant Effects
SO#2017-21 (“Joint Appointment of the Minister of Jurisprudence Act”): No Significant Effects
SO#2016-12 (“The Region’s Administrative Branch 2016”) & Amendments: Negative Effects
SO#2017-64 (“The 2017 Constitutional Amendment Act on the Administrative Branch”): Negative Effects
“Vice President Amendment”: No Significant Effects

Below are the complete positions adopted by the Committee Members:

SO#2015-07:
This proposal, if passed, would have any significant effect on regional activity. It creates a new position in the legislature, however that could only be filled by a sitting Senator. A similar position already exists: the Speaker pro Tempore of Parliament. If that position did not already exist, the argument could be made that this amendment would affect regional activity be keeping Parliament up and running when the PM goes inactive. However, being that this amendment would merely enshrine a piece of existing procedure in the Constitution and would not significantly affect regional activity.

SO#2015-11 & Amendments:
This proposal would have no significant effects on regional activity and development. While it does narrow some of the provisions of the Constitution, it would in all likeliness not change the status quo. This proposal simply does not address topics that would impact the citizens' engagement.

SO#2016-09:
This proposal would not have a significant effect on development. It is a mere Parliamentary procedure proposal and while it could increase the legislative output, the number of bills in the Legislative Archive does not directly lead to more regional activity - it would depend on the content of those bills.

SO#2017-21:
This proposal would not have a significant effect on development. While it could potentially complicate or delay the appointment of the MoJ, or even lead to prolonged vacancies, such situations would likely be very rare.

SO#2016-12 & Amendments & SO#2017-64:
These proposals would carry negative effects for regional activity. While they do allow for the Founder to appoint administrative officials, the Founder is still fairly inactive as shown by the failure to execute most of the administrative provisions of the DISCORD Act a full three months after its assent. In addition, these proposals do not address previous legislation. If enacted, these proposals could void dozens of Acts, including development-focused Acts. These proposals would harm our regional development, and it is imperative that they are not enacted.

“Vice President Amendment”:
This proposal would have No Significant Effects. It simply addresses the issue of potential Presidential inactivity, and would not affect many members of the Union at all. It does open another position in the government, however just one. It therefore would not in any major way affect the regional development or general activity.
This proposal was drafted not with the objective of development, but to prevent the bill approval process being blocked by the President being inactive. It's more of a security measure.

A copy of this report will be posted in the Development Committee subforum.  Upon the submission of this report to the First extraordinary Constitutional Convention, the Committee inquiry into these proposed amendments is officially concluded.

October 30th, 2017
The Right Honourable Minister of Jurisprudence Libertarian Democracy, RO MP LSM GSM, Chair of the Development Committee of the Parliament of the Union and Chair of the First Extraordinary Constitutional Convention.

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Re: Extraordinary Constitutional Convention 2017

Post by Abdoa on Wed Nov 01, 2017 6:26 am

Delegates to the First Extraordinary Constitutional Convention, the Rules Committee hereby submits a report based on committee evaluation of the various proposals put to you and their effects on the functioning of Parliament and its divisions, as follows:

SO#2015-07: Unfavorable Recommendation
This proposal would both create confusion and possibly a constitutional crisis in the event that a Prime Minister delegates his authority to the Act of Parliament-created position of Speaker pro tempore of Parliament - which this proposal would not eliminate - and then goes inactive for more than two days. A Deputy Prime Minister would then have to be elected, but would have no powers to do anything.

SO#2015-11: Favorable Recommendation
Amendments: Favorable Recommendation
This amendment, along with the amendments thereto, would pose no significant problems to the Parliamentary Process.

SO#2016-09: Unfavorable Recommendation
This amendment would render obsolete or redundant several sections of the Parliamentary Procedure Orders, including those providing for Motions to Pass to a Vote and those organizing the order in which bills go to the Debate Hall.

SO#2017-21: No Recommendation
This proposal was a response to the accumulation of powers by the MoJ that have a huge potential for abuse if put in the wrong hands: however, giving the Founder - an unelected position - veto power over a member of Cabinet is rather abrupt and ultimately makes little difference in the risk. However, the proposal would have no effect on the Parliamentary Process.

SO#2016-12: Unfavorable Recommendation
Amendments: No Recommendation
SO#2017-64: Unfavorable Recommendation
The passing of either of these amendment, with or without the amendments to SO#2016-12, would cause rampant confusion as to the status of various laws passed by Parliament, either invalidating them, or calling their applicability into question. This means that the Parliament would have to move extremely quickly to safeguard many laws that are essential to the preservation and prosperity of the Union against possible invalidation due to procedural conflicts with the new Constitution: this might not be possible in entirety, and would certainly place an undue burden on the Parliament's schedule.

Vice-President Amendment: Favorable Recommendation
This amendment would have little impact on the Parliamentary process and other processes in the Union bureaucracy, other than assuring to a greater extent that bills will be considered promptly by the President or Vice-President upon passage through Parliament.

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Re: Extraordinary Constitutional Convention 2017

Post by Aralunya on Wed Nov 01, 2017 10:51 am

Delegates,

The following is the Report on the Proposed Amendments from the Management Committee, submitted by the Chair of said Committee:

SO#2015-11: Reducing Constitutional Ambiguity
Reported Favorably:
It is the view of the Committee that this Amendment will greatly aid in the organization and functionality of Our Government. Reducing some of the ambiguity in our Constitution can greatly clarify the jurisdictions and prerogatives of of Government Members.

SO#2015-17: Deputy Prime Minister Act
Reported Unfavorably:
It is the view of the Committee that this Amendment will only hinder the efficiency of Government, especially with the creation of the Office of Speaker Pro Tempore. The clashing jurisdictions will weaken the organization of the Parliament, the heart of our Regional Union.

SO#2016-09: End Limitations on Debate Numbers
Reported Unfavorably:
It is the view of the Committee that this Amendment could be very good, with proper implementation. It is the suggestion of the Committee to raise the Limit in the Constitution without completely removing it.

SO#2017-21: Joint Appointment of the Minister of Jurisprudence
Reported Unfavorably:
It is the view of the Committee that this Amendment will hinder the organization and efficiency of the Regional Government and greatly enlarge the powers of the Founder, even if the powers being vested already exist in other bodies of our Region.

SO#2016-12
Reported Unfavorably:
It is the view of the Committee that this Amendment not aid in the efficiency and organization of the Government. This Proposal devotes a massive section of the Constitution to defining an Administrative Branch when the same can, and should, be done through Legislation by the Parliament.

Vice-Presidential Amendment
Reported Favorably:
It is the view of the Committee that this Amendment will greatly aid in the organization and functionality of Our Government. Counting the times Legislation and other other duties have been hindered by an inactive President, We see it as imperative the we close this loophole to aid in the functionality of our Government.


With Respect,

Aralunya
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Re: Extraordinary Constitutional Convention 2017

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