The way the law is currently written, by the legal argument given by Dama Litz (which honestly I considered persuasive if not definitive), it's impossible to delay a Living Cosa held during the last Clark. Also, by the legal argument given by me, which I do consider definitive, there is nothing suggesting that a vote of the Cosa to hold an LC is legally binding
Also, looking at it, I think the bit about "special PDs" is unconstitutional. You can't add restrictions to the PD power which is granted by the OrgLaw. In any case, a properly worded PD could simply delete this part of the law, if the King went along with it!
So a few suggestions for amendments:
- require the Cosa vote to suggest one or more indicative times/places for the LC, just so the MCs can have a discussion on who might be available when;
- put the responsibility for organising in the hands of the Túischac'h, rather than the Seneschál;
- if no date in the specific month can get a quorum of 1/2 MCs, then the Túischac'h may delay to the next month; and the month after that, if necessary, up to dissolution;
- if the Túischac'h doesn't do so for whatever reason, a quorum of MCs can just declare a Living Cosa "over his head" and elect a new Túischac'h at the Living Cosa;
- make explicit the implication of H.1.1 that an LC can always be held as part of a State Opening of the Cosa during the First Clark without need for a vote to authorise
- delete the stuff about PDs
What do others think?
Quote from: Miestră Schivă, UrN on November 03, 2022, 10:06:16 PMAlso, looking at it, I think the bit about "special PDs" is unconstitutional. You can't add restrictions to the PD power which is granted by the OrgLaw.
The OrgLaw specifically allows the Ziu to limit the PD power however they wish.
Quote from: Org.VI.3They take effect upon their countersignature by the King and function as laws for all purposes, with such exceptions and subject to such conditions as the Ziu may enact by statute.
I'm seeing a logical problem here. Can a PD not simply suspend the operation H.20, and a subsequent PD declare an LC for whenever with no special veto provisions?
Any ideas on the other issues?
I also note the message from the SoS where the Cosa ends after the living Cosa (on 20 Nov) rather than the announcement upon issuance of the bills of of the 21st of the month, at 19h30 TST
Anyway, this needs to be discussed more
The current law seems fine to me.