In this thread: Formal Proposals to be Put to the Convention

[La Prümâ Citaxhiên]

Let's just make a huge list here, and vote on them one by one once the list has been completed. Agreed? So everyone else post your own ideas in this thread - Deet, I especially want to hear details on your "Politburo" idea.

A. Executive Reform (proposer: Miestrâ Schivâ)

i) Current constitution: The Chamber of Deputies elects the Seneschál who then appoints the Ministers - the President has only a formal role. The President is also a member of the Government.

Suggested reform: The President will appoint and be able to dismiss the Seneschál. The Chamber may also dismiss the Seneschál by a vote of no confidence. The President will not be a member of the government. More detail to be given on exactly what powers and duties the Seneschál and Ministers have.

ii) Executive Orders will have the force of law, unless overturned by the Chamber of Deputies.

iii) A binding or advisory referendum on any subject may be declared by Executive Order.

B. Bicameral and Justice Reform (proposer: Miestrâ Schivâ)

The current Senäts and High Cort provisions of the Constitution to be replaced in their entireity as follows:

- the Senäts of the Republic to consist of all former Presidents, Senescháis and High Cort Justices who do not currently hold elected office. The current Secretary of State will be a non-voting member (perhaps chair?)
- the Senäts may propose legislation to the Chamber.
- the Senäts shall consider all legislation passed by the Chamber, and do one of four things: a) recommend to the President that it be signed; (b) recommend to the President that assent be withheld; (c) recommend to the President that the legislation be put to referendum; (d) return the legislation to the Chamber with suggested amendments.
- the Senäts will elect a Judicial Commission to judge on any disputes of law (replacing the old High Cort).
- the procedure for Presidential assent will be tidied up.

C. Emergency Provisions (proposed by Miestrâ Schivâ):

- while the Chamber of Deputies is not in session, or has a quorum of less than 3 members, the Senäts shall assume the functions of the Chamber, and its resolutions shall have the force of law.
- in the absence of the President, the Senäts shall elect a President Pro-Tempore with a 2/3 majority and a quorum of at least 3.
- a petition of no less than 40% of current citizens of the Republic shall be sufficient to declare a General Assembly of the Republic, which shall have the power to suspend the Constitution and rule by direct democracy.

[D. N. Vercáriâ]

As for the qualification for the Senäts, members should have been President, Seneschál, High Court Justice for at least one entire term; furthermore, they must have never been sentenced by any Talossan court, and in their most recent job they must not have been impeached. Or something like that, to make sure that the members of this august body really deserve to be there.

[C. Carlüs Xheráltsëfiglheu]

What about any provincial reforms? I'm sure we could be a little more relaxed with changing province...

[La Prümâ Citaxhiên]

Deet: your ideas are good and may well go in the actual detailed version, but we agreed that at this stage we vote on amendments in principle and work out the detail later.

Carlüs: have you got a specific proposal? If not I'll write one up in the next day or two.

[C. Carlüs Xheráltsëfiglheu]

I'm sorry to say I don't, Miestra. If you wouldn't mind doing that, that'd be great!

[D. N. Vercáriâ]

Give me a day or two for writing up my ideas. I kind of disagree on giving the Senäts to many real powers, because the lack of a direct democratic legitimation (i. e., an election). Especially, I would dislike it if the President is becoming a constitutional sock-puppet of the Senäts, when it comes to signing laws. There need to be checks and balances, yes, but we don't need a President who is remotely guided by a board of merited nannies,  IMHO.

[La Prümâ Citaxhiên]

I strongly believe that the Senäts should have the same rights and privileges that the monarch of the United Kingdom had in the 19th century - "to give advice, to be consulted, and to warn". Note that I say that our "council of elders" should be able to recommend that the elected Prez and Chamber do things, but of course recommendations can be completely ignored.

[D. N. Vercáriâ]

Okay then, apparently I (mis?)understood your draft like "the Senäts has to recommend" this and that, while I'd prefer to say that the Senäts might do this, just like in this "giving advice, being consulted, warning" description: That is, recommending would be an option, not a duty.

As for issuing Presidential XOs with a full scale legal power, this might be okay if the Chamber *has* to assent or withhold the assent in any way; with the countersignature of the Seneschal, XOs would just be old-fashioned XOs with no binding force.

Erm, what else?

The Senäts would be a judicial chamber if there is no functional High Court, but the Senäts' right judicial rights would be limited; the Senators would act  as arbiters who don't have the power to speak law.

As for the emergency provisions, if there is neither an active President nor an active Senäts, and if there are still more than 5 active citizens, they may elect a 3-headed "Politbureau" for the coordination of all adminstrative and other tasks.

Hm. Sounds lame, eh?

[La Prümâ Citaxhiên]

As for the emergency provisions, if there is neither an active President nor an active Senäts, and if there are still more than 5 active citizens, they may elect a 3-headed "Politbureau" for the coordination of all adminstrative and other tasks.

Hm. Sounds lame, eh?

I have no objection to this in principle, but if we adopt my proposal for a way to legally declare direct democracy it might not be needed. Nevertheless, I will include it in the Emergency Provisions bundle.

Carlüs, how do you like the following amendment on provincial assignments: change the current I.3.5:

Parlamînt shall assign non­resident citizens to provinces on the basis of their geographical
residence. The assignment of citizens to a province shall not be changed without the
approval of that province's legislature, if any.

to include the following:

A non-resident citizen may appeal for an exempt to the provisions of provincial assignment legislation on the basis of cultural compatibility or natural justice.

[La Prümâ Citaxhiên]

Oh what the hell, let's at least have a vote on these two:

a) The fixed election cycle for the Chamber of Deputies to be replaced by a standard six-month term.
b) The President to lose his automatic right to dissolve the Chamber at whim, except if the Seneschál has lost the confidence of the Chamber. In all other cases, dissolution of the Chamber to be done by XO.

[C. Carlüs Xheráltsëfiglheu]

Miestra, I like the ammendment! I think it accurately sums up what I had in mind.

[Txec Ereufighleu]

I do not know if I am allowed to post here , but I really, really like this! =)