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Show posts MenuQuote from: Þon Txoteu É. Davinescu, O.SPM on April 03, 2021, 11:32:15 PMHonourable Ministreu dal Zefençù,
*Sigh* Might I bring to the Regent's attention that there are not, have not, and was never intended to ever be a "First", "Second", "Third" or whatever "Ceremony of Investiture". Investiture was never intended to be a number thing. QEII doesn't sequence Investitures and neither should we. Honors are, if awarded, at the end of Cosa... by the Sovereign's hand. Not, mind you, by the Sovereign's playing God with honours of the Government & State! Land Grants (Earldoms and Baronies, etc) are the exclusive domain of the Sovereign... and I am getting increasingly frustrated with the overstepping of those rights... specifically by you. With all do respect, this is NOT your sandbox... it isn't even King John's. You and the office you hold exist because the one that is supposed to be here doing a VERY narrow-fielded job... isn't. Orders and Honours of the Government or State, unless the Sovereign... or in this case Regent... has a very good reason not to award, should be awarded with appropriate respect as described.
Quote from: Miestră Schivă, UrN on March 31, 2021, 09:36:16 PMI repeat again that you guys had two months to wake up and suggest amendments here. Our current system, where a Bill is Clarked with 5 days before voting and its opponents go "miéida sant, we didn't think you were serious! Please stop!" is ludicrous and leads to bad law.
Quote from: Dr. Txec Róibeard dal Nordselvă, Esq., O.SPM, SMM on March 31, 2021, 07:49:30 PMI understand entirely. You are saying that you would refuse this request because it is impractical... even if the sponsor requested it, you couldn't do it. That is why you declared that it was too late for her to agree, since in practical terms it's not possible for you to comply. Your job is difficult and you are doing it well, so I wouldn't presume to second guess you about this. Since you would refuse to grant such a request, this discussion is moot. Thank you for letting us know! :-)Quote from: Sir Alexandreu Davinescu on March 31, 2021, 07:44:14 PMQuote from: Dr. Txec Róibeard dal Nordselvă, Esq., O.SPM, SMM on March 31, 2021, 07:39:12 PMYou are correct, the thing I did not say would be wrong for me to say. As serving regent, I do not have the power to demand anything be stricken from the Clark or anything of the sort. The straw man is well and truly thrashed.Quote from: Sir Alexandreu Davinescu on March 31, 2021, 07:16:16 PM
I hope you will reconsider. This new solution is unethical and inorganic. And if you decide the discussion is going nowhere or you get frustrated, you can always clark it again. It will be ready to go at any time.
With respect, I should mention that is is your opinion that this bill is unethical and inorganic. The CpI ultimately is the arbiter of what is or is not inorganic. As Secretary of State I can also choose not to Clark a bill if I believe it is inorganic on its face. Nowhere in either Statute or Organic law do I see a provision that allows the King (and by extension the Regent) to demand a bill be removed from a Clark.
I review all bills before I place them on the Clark and I found no cause for concern. I'm not saying the bill is a good bill, but it does not seem to be inorganic in my estimation and since it modifies the covenants it has the highest passage requirements of any bill so far this entire Cosa term.
Dame Miestrâ is correct in that this bill is already Clarked. The 6th Clark begins tomorrow and it is too late for me by law to adjust or amend the Clark. All bills must be submitted (or I presume unsubmitted) 24 hours in advance.
Yes, it is my opinion that this bill is inorganic. The bill's sponsor herself agrees that its passage would leave it impossible for citizens to know exactly what was against the law, which is a violation of the Covenants of Rights and Freedoms.
If you are declaring that you would refuse the Seneschal's request to withdraw her bill, then of course she is out of time to reconsider. This discussion is mooted.
It's not so much that I would refuse to remove it from the Clark as it would be impractical to do so given the current form of how a Clark is conducted. I don't have the ability to on my own remove a bill. It would require me getting the DB administrator to do so also. I cannot know if that could happen in time.
As an example, I made an error on the current Clark and didn't mark a bill as being an amendment. I had to wait a few days to get it fixed due to the schedule of MPF.
Quote from: Dr. Txec Róibeard dal Nordselvă, Esq., O.SPM, SMM on March 31, 2021, 07:39:12 PMYou are correct, the thing I did not say about my authority would be wrong for me to say. As serving regent, I do not have the power to demand anything be stricken from the Clark or anything of the sort. The straw man is well and truly thrashed.Quote from: Sir Alexandreu Davinescu on March 31, 2021, 07:16:16 PM
I hope you will reconsider. This new solution is unethical and inorganic. And if you decide the discussion is going nowhere or you get frustrated, you can always clark it again. It will be ready to go at any time.
With respect, I should mention that is is your opinion that this bill is unethical and inorganic. The CpI ultimately is the arbiter of what is or is not inorganic. As Secretary of State I can also choose not to Clark a bill if I believe it is inorganic on its face. Nowhere in either Statute or Organic law do I see a provision that allows the King (and by extension the Regent) to demand a bill be removed from a Clark.
I review all bills before I place them on the Clark and I found no cause for concern. I'm not saying the bill is a good bill, but it does not seem to be inorganic in my estimation and since it modifies the covenants it has the highest passage requirements of any bill so far this entire Cosa term.
Dame Miestrâ is correct in that this bill is already Clarked. The 6th Clark begins tomorrow and it is too late for me by law to adjust or amend the Clark. All bills must be submitted (or I presume unsubmitted) 24 hours in advance.
Quote from: Miestră Schivă, UrN on March 31, 2021, 05:57:05 PM
I honestly think that - if we are to have a CpI which is excluded from many roles of administrative, executive or legislative significance in our State - we should at least make their judicial role slightly more significant and interesting. Otherwise we're encouraging people to get bored and drift away. A "rebalancing" of the branches of government, if you will. (Given that any overstep may be corrected via statute - I certainly don't want to revise the very old English decision that common law cannot override statute law!)
Quote from: Miestră Schivă, UrN on March 31, 2021, 05:57:05 PMI think it necessary to emphasise also that I envisage "Talossan common law" to reflect the mores of our community, which it would be burdensome and otiose to codify. We have precedent as to what happens when a judge makes a decision very at odds with community standards - the "Guy Incognito" case, where it led to a judge resigning. What we don't have predecent for is the kind of "rogue prosecutions" which the Regent and Sir Cresti both fear. Not even KR1 tried to do that (although he tried a Bill of Attainder, which would have been worse).
Quote from: Miestră Schivă, UrN on March 31, 2021, 05:57:05 PMI must repeat: an indigenous codified law such as Sir Cresti suggests would also be a good suggestion, as would, frankly, deleting the whole mess since no-one really expects the Talossan State to punish murderers and rapists (we couldn't even punish a child molester). All I can say about my solution is that it's been pretty thoroughly discussed, with input from legal experts, and is now ready for a vote. And I must stress that it requires, at the bare minimum, a sentence of incarceration in a credible outside court, which is a pretty significant threshold.
Quote from: Miestră Schivă, UrN on March 31, 2021, 03:16:22 PMSo now the argument comes from the Regent that the Covenants of Rights and Freedoms themselves are contradictory, and he thinks he could make a good case that the rights in the Eighth Covenant are abrogated by the Sixth Covenant (by his argument, the 6th Covenant would also ban abortion). And yet, this is a fundamental document of Talossan law which is actually harder to amend than the rest of the OrgLaw. And the Regent didn't care if parts of it contradicted the other parts before now, because... it was just for show, so it didn't matter? A highly unpatriotic position.
Quote from: Miestră Schivă, UrN on March 31, 2021, 03:16:22 PMThe thing is I answered all these sophistries ages ago, but the final answer is: we have an Uppermost Cort for a reason. The tradition of common law, of which Talossa is a part, states that courts make law where statute law is silent. We have 4 perfectly qualified UC justices and we put them through an arduous confirmation for a reason, and that reason is to make sure they can be trusted with that power.
To be precise, if a Talossan is busted for tax evasion, and someone makes a complaint under this law suggesting they should also be punished for Talossan law for it, I trust Dame Litz and her colleagues, cxhns. Marcianüs, Perþonest and Edwards to make a good decision. And let's face it, those guys are strenously underemployed. I remember an argument made that a figurehead monarchy would never work in Talossa because who would want a boring do-nothing job. And yet some people seem so terrified of judicial activism that they want to make the CpI exactly that.
Quote from: Eðo Grischun on March 31, 2021, 11:20:17 AM
No, because euthanasia is protected under Cov.8 therefore is not "repugnant to the values expressed in the Covenant of Rights and Freedoms".