The A-X's Little Helper Act

Started by Breneir Tzaracomprada, January 30, 2024, 09:15:28 AM

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Breneir Tzaracomprada

Whereas, under current statute both the Mençéi and Túischac'h can appoint temporary replacements, and

Whereas, under current statute this option is not yet available to the Avocat-Xheneral, and

Whereas, recent circumstances have highlighted the need for the Avocat-Xheneral to have this option as well.

Therefore, be it enacted by the Ziu of the Kingdom of Talossa, that El Lexhatx Title H 6.5.3.1 which currently reads as:

Quote6.5.3.1. The Mençéi and the Túischac'h may at any time appoint and dismiss one Senator and one Membreu dal Cosă, respectively, to serve as a member of the CRL in their place.

Is amended, adding "and Avocat-Xheneral" immediately following "Túischac'h" to read as:

Quote6.5.3.1. The Mençéi, Túischac'h, and Avocat-Xheneral may at any time appoint and dismiss one Senator or one Membreu dal Cosă, to serve as a member of the CRL in their place.

Uréu q'estadra så
Breneir Tzaracomprada (MC-TNC)
Sir Lüc da Schir, UrB (MC-IND/FreeDems)
Mximo Carbonèl (Senator-Florencia)


Distain, MC
Fighting the good fight

Sir Txec dal Nordselvă, UrB

As the Seneschal does not sit on the CRL, I would find a way to reword that clause to indicate that the Seneschal could choose an alternate to replace the Avocat Xheneral. The way it is worded now it appears the Seneschal can replace him/herself.
Sir Txec Róibeard dal Nordselvă, UrB, GST, O.SPM, SMM
Secretár d'Estat
Guaír del Sabor Talossan
The Squirrel Viceroy of Arms, The Rouge Elephant Herald, RTCoA
Cunstaval da Vuode
Justice Emeritus of the Uppermost Cort
Former Seneschal

Sir Lüc

This looks fine to me.

The Seneschal name-drop makes me wonder how this bit of Lex.D.2.1 plays into this situation:

QuoteAccordingly, anything that any Minister can do (officially), the Seneschal may (if he desires) do himself.

This probably means that the Seneschal can not only make the envisaged appointment themselves, but also that they can presently serve on the CRL by performing the duties of the A-X (which is incidentally something I'd already talked about in that note on pre-First Clark CRL operation I re-shared recently)
Sir Lüc da Schir, UrB
Directeur Sportif, Gordon Hiatus Support Team

In my free time:
Túischac'h dal Cosă / Speaker of the Cosa
Wittmeister & Permanent Secretary of Backend Admin / Secretar Parmanint per l'Aðmistraziun del Backend
Deputy Scribe of Abbavilla / Distain Grefieir d'Abbavillă

Breneir Tzaracomprada

Quote from: Sir Lüc on January 30, 2024, 12:20:07 PMThis looks fine to me.

The Seneschal name-drop makes me wonder how this bit of Lex.D.2.1 plays into this situation:

QuoteAccordingly, anything that any Minister can do (officially), the Seneschal may (if he desires) do himself.

This probably means that the Seneschal can not only make the envisaged appointment themselves, but also that they can presently serve on the CRL by performing the duties of the A-X (which is incidentally something I'd already talked about in that note on pre-First Clark CRL operation I re-shared recently)

Good point. Do you think I should remove it as it is redundant? Also, co-sponsor? 😀


Distain, MC
Fighting the good fight

Sir Lüc

Quote from: Breneir Tzaracomprada on January 30, 2024, 01:05:59 PMGood point. Do you think I should remove it as it is redundant? Also, co-sponsor? 😀

Sure! I think the provision is kinda redundant, but also we should probably-eventually-ideally review that other D.2.1 provision so that its meaning and scope get a bit clearer.
Sir Lüc da Schir, UrB
Directeur Sportif, Gordon Hiatus Support Team

In my free time:
Túischac'h dal Cosă / Speaker of the Cosa
Wittmeister & Permanent Secretary of Backend Admin / Secretar Parmanint per l'Aðmistraziun del Backend
Deputy Scribe of Abbavilla / Distain Grefieir d'Abbavillă

Breneir Tzaracomprada

Quote from: Sir Lüc on January 31, 2024, 10:42:12 AM
Quote from: Breneir Tzaracomprada on January 30, 2024, 01:05:59 PMGood point. Do you think I should remove it as it is redundant? Also, co-sponsor? 😀

Sure! I think the provision is kinda redundant, but also we should probably-eventually-ideally review that other D.2.1 provision so that its meaning and scope get a bit clearer.

Thanks Luc, I've removed the Seneschal reference and add you as a co-sponsor. I am also more than happy to cooperate with you on language to clarify D.2.1.


Distain, MC
Fighting the good fight

Breneir Tzaracomprada

Ahead of it being moved to the CRL I indicate my approval.


Distain, MC
Fighting the good fight

Baron Alexandreu Davinescu

Quote6.5.3.1. The Mençéi, Túischac'h, and Avocat-Xheneral may at any time appoint and dismiss one Senator and one Membreu dal Cosă, respectively, to serve as a member of the CRL in their place.

The context change seems to indicate that each officer could each appoint an MC and a Senator, leading to a CRL of six instead of three if they all did so (or allowing any individual to double their voting power in the CRL).  It should instead be:

Quote6.5.3.1. The Mençéi and the Túischac'h may at any time appoint and dismiss one Senator and one Membreu dal Cosă, respectively, to serve as a member of the CRL in their place.  The Avocat-Xheneral may appoint an MZ from either house to serve as a member of the CRL in their place.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein

Breneir Tzaracomprada

I just re-read it and I don't see a context change. The inclusion of "in their place" in the initial phrasing reads as an alternative. If it said "additional" somewhere then I could see some confusion.


Distain, MC
Fighting the good fight

Baron Alexandreu Davinescu

If you name a list of two people and say they can each appoint two people, respectively, then you're saying they can replace themselves with people from that list in that order.  If you name a list of three people and say that can appoint two people, respectively, then you're probably saying that they can each appoint two.  It can also be interpreted as intended, but it's ambiguous, and it's usually not a good idea to be ambiguous in the law.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein

Breneir Tzaracomprada

Quote from: Baron Alexandreu Davinescu on February 17, 2024, 02:37:27 PMIf you name a list of two people and say they can each appoint two people, respectively, then you're saying they can replace themselves with people from that list in that order.  If you name a list of three people and say that can appoint two people, respectively, then you're probably saying that they can each appoint two.  It can also be interpreted as intended, but it's ambiguous, and it's usually not a good idea to be ambiguous in the law.

There is no ambiguity. "In their place" is not ambiguous as a reference point to the prior THREE named officers.


Distain, MC
Fighting the good fight

Baron Alexandreu Davinescu

There's nothing in the text that specifically conveys that intention, however much you might feel it in your heart.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein

Breneir Tzaracomprada

Quote from: Baron Alexandreu Davinescu on February 17, 2024, 02:40:47 PMThere's nothing in the text that specifically conveys that intention, however much you might feel it in your heart.

Thank you for sharing your interpretation, Baron.
If you still retain TNC seats then you are, of course, entitled to vote your conscience.


Distain, MC
Fighting the good fight

Breneir Tzaracomprada

Quote from: Baron Alexandreu Davinescu on February 17, 2024, 02:11:42 PM
Quote6.5.3.1. The Mençéi, Túischac'h, and Avocat-Xheneral may at any time appoint and dismiss one Senator and one Membreu dal Cosă, respectively, to serve as a member of the CRL in their place.

Ah I see the confusion now, I re-read it again. I have edited it now.


Distain, MC
Fighting the good fight

mximo

I will cosponsor this.

Mximo Carbonèl
Mximo Carbonèl
Florencia Senator