[CRL] The Separate Ways Act

Started by Mic’haglh Autófil, O.Be, January 14, 2025, 01:23:18 AM

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Breneir Tzaracomprada

Quote from: Mic'haglh Autófil, O.Be on Yesterday at 11:54:43 PMWell, as I can see it, there are a few paths forward:

* Remove 8.4.2 to address the Baron's concerns, and move forward with the rest of the bill.
* Keep 8.4.2, but clarify that this part only enters into effect if the bill passes the Cosa by a 2/3 majority.
* Keep 8.4.2 and hope it passes by 2/3 anyway. (not recommended, but technically an option)
* Abandon the bill.

To be clear, the point of 8.4.2 is much the same as the limit on non-list candidates being given Cosa seats -- the people have a right to know (at least as accurately as possible) who they are electing ahead of time, and the "surrender half your seats" part is effectively your penalty for disturbing that. Options 2 and 3 hinge on some of the precedent set by Cjantscheir v. the Ziu, in that 60RZ19 was deemed to clear the requisite threshold to remove a CpI Judge.

I would invite not just CRL members but other MZs to provide their input.

I think a good case has been made on the potential inOrganicity(?) of 8.4.2. There is the option of an advisory opinion if you'd like to test it before moving forward as the Judiciary seems like a good place to remove any uncertainty on the question. I'd support removing that section as the bill would still be effective, as far as its intended purpose insofar as I understand it, without it.

Remember your humanity | Memoru vian homaron

Baron Alexandreu Davinescu

A statute cannot override the Organic Law, even if it passed with a two-thirds majority.  The Organic Law doesn't provide for special super-statutes that supersede it.  I also believe that Cjantscheir v. the Ziu was decided without a full panel, so that it cannot be considered binding precedent (Org.VIII.6).

My suggestion would be to return the bill to the general Hopper and try to brainstorm some other solutions that might achieve your goal.  I'm not trying to oppose the general idea, but just pointing out an essential problem with the text.  After all, the law would quickly become really hard to follow if there were some provisions of el Lexhatx that were superior to all of the OrgLaw.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan