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Questions about the Cunstavál referendum

Started by Sir Lüc, Yesterday at 09:40:01 AM

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Sir Lüc

Azul, I was preparing the database for the election and I noticed that 62RZ15 essentially repeals two arguably desirable provisions (no provincial constitution without a referendum, no provincial laws contradicting OrgLaw/national statute) while leaving untouched the one that I assume its final WHEREAS purported to fix (no same person can be Cunstavál in one province and premier in another).

Am I misunderstanding this?
Sir Lüc da Schir, UrB
Secretary of State / Secretar d'Estat

Baron Alexandreu Davinescu

Nope, you're not misunderstanding.  I wanted to also change the last thing, but His Majesty requested that we leave that prohibition in place.  I probably should have deleted that whereas clause, in retrospect.  But it passed overwhelmingly, so I guess it wasn't a fatal flaw.

The changes will eliminate any loophole allowing an extralegal change in a provincial constitution and will eliminate the prospect of a military governor.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric, Seneschal del Regipäts Talossan

ESTO·BENIGNUS·ESTO· FORTIS·VERUM·QUAERE

                   

Sir Lüc

Quote from: Baron Alexandreu Davinescu on Yesterday at 03:33:13 PMNope, you're not misunderstanding.  I wanted to also change the last thing, but His Majesty requested that we leave that prohibition in place.  I probably should have deleted that whereas clause, in retrospect.  But it passed overwhelmingly, so I guess it wasn't a fatal flaw.

The changes will eliminate any loophole allowing an extralegal change in a provincial constitution and will eliminate the prospect of a military governor.

Right, to be clear, I understand the double job and "military governor" bits you mentioned. But the amendment also repeals two provisions that I thought made sense, namely, that provincial constitutions may not contravene national statutory/Organic law, and that provincial constitutions may only enter into effect through a referendum with a majority of voters taking part, or failing that, a supermajority in favour.

Am I misreading that those provisions sound desirable to me? You speak of a loophole, but I don't quite get what that would be.
Sir Lüc da Schir, UrB
Secretary of State / Secretar d'Estat

Baron Alexandreu Davinescu

Every province already has a constitution, so any potential to replace it with a military governor or to try to bring in a new one from the outside with a local midterm referenda should be eliminated, in my opinion at this time.  I'd certainly be open to alternative language with some other form of the threshold requirement, but it'd be tricky to do.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric, Seneschal del Regipäts Talossan

ESTO·BENIGNUS·ESTO· FORTIS·VERUM·QUAERE