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Author Topic: Three Suggested OrgLaw Amendments  (Read 855 times)

Offline Baron Alexandreu Davinescu

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Re: Three Suggested OrgLaw Amendments
« Reply #15 on: December 28, 2021, 10:19:21 PM »
OrgLaw V authorises "election laws", even though they're not mentioned in OrgLaw VII.3, so OrgLaw VII.3 cannot be a definitive list. Since OrgLaw IV both mandates that parties win seats, but that individuals hold seats and vote in the Cosa, the question of how parties assign seats to individuals must come under election laws.

And that's excluding the whole question of whether OrgLaw VII.3 is a list of "permitted topics for legislation" or "topics on which only the Ziu may legislate, not the provinces". If you believe the former, it doesn't actually include (for example) criminal law. Half of El Lex would disappear overnight.

IX.6 is pretty clear: "All powers not vested in the Kingdom by this Organic Law shall be vested exclusively in the Provinces."  It's a very old provision of the OrgLaw, too.

The breadth of things covered by VII.3 is broad.  "Commerce" covers a ton, for example.  But again, this has never been litigated.  If someone tried to defend themselves by saying that the Ziu couldn't create a criminal code, but only the provinces could, maybe it would get struck down, or maybe the judge in question would find that general criminal provisions would fall under "[t]he defence of the Kingdom, and parts thereof" or the provisions that cover inter-provincial stuff.  Hard to say, since it would depend on the crime.
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Re: Three Suggested OrgLaw Amendments
« Reply #16 on: December 28, 2021, 11:12:11 PM »
This is the problem with copy/pasting from the US constitution, where federal elections are conducted by the several states. Because if your interpretation is correct, then the Ziu has no right to make any laws re: federal elections because I don't see how those could possibly fit under VII.3, if you think it's exclusive.

But I mean, fine, while we're fixing things...

« Last Edit: December 28, 2021, 11:13:51 PM by Miestră Schivă, UrN »
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Re: Three Suggested OrgLaw Amendments
« Reply #17 on: December 30, 2021, 02:55:54 PM »
The Small OrgLawAmendment  (Seneschál's Rights in the Hopper) Act

WHEREAS when the Comità da Redacziun Legislatïu was set up, there were complaints that the combination of the new system with Organic Law VII.6 gave the Government too much power to bypass the system with its bills, compared to those of private MZs:

BE IT ENACTED by the King, Senäts and Cosa of Talossan in Ziu assembled that Organic Law VII.6:

Quote
The Seneschál shall have the right at his discretion to withdraw any legislative proposal from the Hopper and instruct the Secretary of State to treat it as a properly submitted bill.

is hereby deleted entirely.
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Re: Three Suggested OrgLaw Amendments
« Reply #18 on: December 30, 2021, 02:58:09 PM »
The Small OrgLaw Amendment (Dignity of the Túischac'h) Act

WHEREAS the Chair of the Senäts, the Mençéi, is an Organic position, but the Chair of the Cosa, the Túischac'h is not;

and WHEREAS there appears to be no good reason for this;


BE IT ENACTED by the King, Senäts and Cosa of Talossan in Ziu assembled that a new section of the Organic Law, to be numbered IV.12, read as follows:

Quote
The Cosa shall elect one of its members to serve as Speaker of the Cosa (Talossan: el Túischac'h) for the upcoming term. The Speaker shall preside, direct and maintain order during Living Cosas and in other Cosa debates, in an unbiased fashion. Otherwise, his function will be to advise Members of the Cosa of appropriate decorum. He is considered the honourable President of the Cosâ and shall be awarded all due veneration when serving as such.

and that El Lexhatx H.21 is hereby deleted entirely.
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