Post by Sir Alexandreu Davinescu on Jun 3, 2015 11:21:20 GMT -6
Yesterday, His Majesty King John, first of his name, pressed his rights under the Organic Law. He chose a trifling change because he wished to make a point without being accused of partisanship: no party profits from this bill or loses by it, and no party opposed it. This bill marginally curtails his power to make appointments, and His Majesty has set himself to defend the letter of the Organic Law and his own breadth of power, and so he wished to make a test case. And it should be said here, as others have admitted: His Majesty has done no more and no less than what is legal and what is granted to him by law. King John of the House of Lupul has constitutionally limited powers; it is not custom that binds him, though it may guide him... it is the law. And the Organic Law provides that His Majesty may proclaim an amendment, not that he must.
To explain further: many of the provisions in the law exist to prevent laws from passing or to nullify them or to remove those who enact them. As in all supreme documents of any worth, the Organic Law is a study in countervailing interests and willful obstruction. This is for good reason: one of the biggest dangers facing a democracy is the prospect of a wave election rising to power with great force, and then setting that power in place on a permanent basis on the strength of a single election. His Majesty asserted his role here out of a conviction that this was part of his duty as monarch.
Yet while we must admit that it is good and proper for His Majesty to act as a check here, we representatives of the people must also say that it is an imperfect design. As with so many things made by the hand of man, this power is flawed, for it admits of no correction or mitigation. It is an unlimited, inimitable, ineluctable check. And because of this, it is as dangerous to the monarchy's role. For who can doubt that while our current monarch is mild and wise, a future monarch might be as ill-natured as those of the past?
And so, this cannot be tolerated.
What must we do?
I begin with praise. Praise is due to those Talossans who proved that they were not only legislators, or politicians, or worse. Praise is due to those Talossans who acted as leaders, and who -- whatever their convictions and beliefs -- would not be rushed into a rabble. They paused and discussed consequences and problems, and didn't try to seize advantage for their party or tar the name of their opposition. Some few should be ashamed, but many should be proud: they led.
I call on them now to join me. As one voice, all the representatives of the people must gather together and assert two truths, and present them to His Majesty, and enshrine them in the law.
Any government's power derives from the just consent of the governed, and accordingly the people must have some ultimate avenue for asserting their will. As the Organic Law states, His Majesty's powers spring from the democratic will of the proud people of Talossa. And while I believe constitutional monarchy and a parliamentary democracy is the best choice of government for the Kingdom of Talossa, as the best way to preserve the culture of our nation for future generations, the people are the ultimate arbiter of the shape of our future.
No part of the government -- judicial, executive, legislative, or royal -- should be able to unilaterally enforce its will beyond any further appeal, as a safeguard against misdeeds, mismanagement, and malice. The Seneschal, the Ziu, the Cort, and the Throne all check each other. Malingering or misdoing Seneschals may see their government fall, their Cosa prorogued, or their persons convicted. Out-of-control Zius may see their legislation vetoed, their persons charged, or their body dissolved for a new election. Unjust Justices may be ejected from office with force and vim. And tyrant kings can be charged or removed. This same principle applies in legislation, which originates in the Ziu, may be vetoed by Seneschal or royal refusal, and which can be rejected by Cort.
The monarchy is one of the most important parts of our small nation, and it has served as benison many times when Talossa would otherwise have fallen. We have seen its value, repeatedly, and it is one of the things that can best sustain such a unique and small country as the Kingdom of Talossa. But we also have seen its dangers, which is why every responsible representative, even down to the most ardent advocate for the throne, will not agree to absolutism.
The law must change.
I say again: the law must change.
But while there are proposals for conflict, and calls for schism, and utterly irresponsible rhetoric, that is not the way to lead. I have spoken to people from all over the political spectrum, and it is my opinion that there is a consensus on the two truths above. How foolish and fractious must we be, if we cannot find agreement when we all actually agree! The law blocks our way, and forces us into conflict or abeyance -- to hell with that! We will remake the law and find a path where we can go forward together, neither winners nor losers, but only Talossans!
His Majesty is unwilling to allow the consequences of a single wave election to irrevocably change our supreme document. He is right to be concerned about this.
Many legislators are unwilling to allow that the sovereign has a veto that cannot be overcome by any means, granting him supreme authority even over the people as to what changes may be needed. They are right to be concerned by this.
Yet I come now to tell you that we are not enemies, but friends. We are not foes, but allies in seeking to preserve and sustain the Kingdom of Talossa -- that treasure beyond measure!
We must enact our principles into law, by eliminating this unstoppable supremacy over the Organic Law. We legislate for the ages, not for the nonce, and we know not what kings may come. Power must be balanced, and the people must be supreme. But just as the Senate has final authority on any changes to itself, to prevent a hasty Cosa from casting it down after a wave election, so too must the monarchy have the ability to delay a measure. An amendment which limits the monarchy must be permitted to pass, even over His Majesty's will, should the people truly desire it after full consideration -- but only after that full consideration. All good change will happen in the fulness of time, but not all change is good.
I introduce here today a bill that will strip this unilateral veto over amendments, and replace it with the ability to delay. If the monarch opposes an amendment, he may not reject it, but only send it back for a second plebiscite. If the people twice proclaim a law, then it is the law.
Two truths: consent of the people, and balanced government. Join with me, and speak as one voice.
The Consent of the People and Balanced Government Amendment
Article XV of the Organic Law of the Kingdom of Talossa, which currently reads:
Section 1
An amendment to the Organic Law may be made by proclamation by the King where so authorized by:
-A vote of two-thirds in both chambers of the Ziu, and
-Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.
-Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall only be passed with the approval of a majority of participating voters in that province.
Section 2
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. They may only be amended if the referendum required by Section 1 passes with a two-thirds majority of voters participating in the referendum.
shall be amended to include the following Section 3, as follows:
Section 1
An amendment to the Organic Law may be made by proclamation by the King where so authorized by:
-A vote of two-thirds in both chambers of the Ziu, and
-Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.
-Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall only be passed with the approval of a majority of participating voters in that province.
Section 2
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. They may only be amended if the referendum required by Section 1 passes with a two-thirds majority of voters participating in the referendum.
Section 3
Should the King decline to proclaim any proposed amendment to the Organic Law under Section 1, the King shall proclaim such amendment notwithstanding his earlier refusal if:
- Both chambers of he Ziu again approve an identical amendment, a general election having intervened since the first approval by the Ziu, and
- A two-thirds majority of voters participating in the next general election vote in favour of the amendment.
The King shall not proclaim an amendment to the Covenants of Rights and Freedoms under this section unless the people approve the amendment by a three-quarters majority in the second referendum.
Article XX of the Organic Law of the Kingdom of Talossa, which currently reads:
Legislation may be enacted by the people through the Referendum. The Ziu may prepare referenda and submit these to popular vote, as it sees fit. The referendum may be advisory (a non-binding public opinion check) or may have the force of law upon its approval by a majority of those who vote on it. Referenda questions appear on the ballot during the next general election, or sooner, if the Seneschal so chooses to authorise.
shall be amended as follows:
Legislation may be enacted by the people through the Referendum. The Ziu may prepare referenda and submit these to popular vote, as it sees fit. The referendum may be advisory (a non-binding public opinion check) or may have the force of law upon its approval by a majority of those who vote on it. Referenda questions shall appear on the ballot during the next general election.
To explain further: many of the provisions in the law exist to prevent laws from passing or to nullify them or to remove those who enact them. As in all supreme documents of any worth, the Organic Law is a study in countervailing interests and willful obstruction. This is for good reason: one of the biggest dangers facing a democracy is the prospect of a wave election rising to power with great force, and then setting that power in place on a permanent basis on the strength of a single election. His Majesty asserted his role here out of a conviction that this was part of his duty as monarch.
Yet while we must admit that it is good and proper for His Majesty to act as a check here, we representatives of the people must also say that it is an imperfect design. As with so many things made by the hand of man, this power is flawed, for it admits of no correction or mitigation. It is an unlimited, inimitable, ineluctable check. And because of this, it is as dangerous to the monarchy's role. For who can doubt that while our current monarch is mild and wise, a future monarch might be as ill-natured as those of the past?
And so, this cannot be tolerated.
What must we do?
I begin with praise. Praise is due to those Talossans who proved that they were not only legislators, or politicians, or worse. Praise is due to those Talossans who acted as leaders, and who -- whatever their convictions and beliefs -- would not be rushed into a rabble. They paused and discussed consequences and problems, and didn't try to seize advantage for their party or tar the name of their opposition. Some few should be ashamed, but many should be proud: they led.
I call on them now to join me. As one voice, all the representatives of the people must gather together and assert two truths, and present them to His Majesty, and enshrine them in the law.
Any government's power derives from the just consent of the governed, and accordingly the people must have some ultimate avenue for asserting their will. As the Organic Law states, His Majesty's powers spring from the democratic will of the proud people of Talossa. And while I believe constitutional monarchy and a parliamentary democracy is the best choice of government for the Kingdom of Talossa, as the best way to preserve the culture of our nation for future generations, the people are the ultimate arbiter of the shape of our future.
No part of the government -- judicial, executive, legislative, or royal -- should be able to unilaterally enforce its will beyond any further appeal, as a safeguard against misdeeds, mismanagement, and malice. The Seneschal, the Ziu, the Cort, and the Throne all check each other. Malingering or misdoing Seneschals may see their government fall, their Cosa prorogued, or their persons convicted. Out-of-control Zius may see their legislation vetoed, their persons charged, or their body dissolved for a new election. Unjust Justices may be ejected from office with force and vim. And tyrant kings can be charged or removed. This same principle applies in legislation, which originates in the Ziu, may be vetoed by Seneschal or royal refusal, and which can be rejected by Cort.
The monarchy is one of the most important parts of our small nation, and it has served as benison many times when Talossa would otherwise have fallen. We have seen its value, repeatedly, and it is one of the things that can best sustain such a unique and small country as the Kingdom of Talossa. But we also have seen its dangers, which is why every responsible representative, even down to the most ardent advocate for the throne, will not agree to absolutism.
The law must change.
I say again: the law must change.
But while there are proposals for conflict, and calls for schism, and utterly irresponsible rhetoric, that is not the way to lead. I have spoken to people from all over the political spectrum, and it is my opinion that there is a consensus on the two truths above. How foolish and fractious must we be, if we cannot find agreement when we all actually agree! The law blocks our way, and forces us into conflict or abeyance -- to hell with that! We will remake the law and find a path where we can go forward together, neither winners nor losers, but only Talossans!
His Majesty is unwilling to allow the consequences of a single wave election to irrevocably change our supreme document. He is right to be concerned about this.
Many legislators are unwilling to allow that the sovereign has a veto that cannot be overcome by any means, granting him supreme authority even over the people as to what changes may be needed. They are right to be concerned by this.
Yet I come now to tell you that we are not enemies, but friends. We are not foes, but allies in seeking to preserve and sustain the Kingdom of Talossa -- that treasure beyond measure!
We must enact our principles into law, by eliminating this unstoppable supremacy over the Organic Law. We legislate for the ages, not for the nonce, and we know not what kings may come. Power must be balanced, and the people must be supreme. But just as the Senate has final authority on any changes to itself, to prevent a hasty Cosa from casting it down after a wave election, so too must the monarchy have the ability to delay a measure. An amendment which limits the monarchy must be permitted to pass, even over His Majesty's will, should the people truly desire it after full consideration -- but only after that full consideration. All good change will happen in the fulness of time, but not all change is good.
I introduce here today a bill that will strip this unilateral veto over amendments, and replace it with the ability to delay. If the monarch opposes an amendment, he may not reject it, but only send it back for a second plebiscite. If the people twice proclaim a law, then it is the law.
Two truths: consent of the people, and balanced government. Join with me, and speak as one voice.
The Consent of the People and Balanced Government Amendment
Article XV of the Organic Law of the Kingdom of Talossa, which currently reads:
Section 1
An amendment to the Organic Law may be made by proclamation by the King where so authorized by:
-A vote of two-thirds in both chambers of the Ziu, and
-Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.
-Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall only be passed with the approval of a majority of participating voters in that province.
Section 2
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. They may only be amended if the referendum required by Section 1 passes with a two-thirds majority of voters participating in the referendum.
shall be amended to include the following Section 3, as follows:
Section 1
An amendment to the Organic Law may be made by proclamation by the King where so authorized by:
-A vote of two-thirds in both chambers of the Ziu, and
-Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.
-Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall only be passed with the approval of a majority of participating voters in that province.
Section 2
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. They may only be amended if the referendum required by Section 1 passes with a two-thirds majority of voters participating in the referendum.
Section 3
Should the King decline to proclaim any proposed amendment to the Organic Law under Section 1, the King shall proclaim such amendment notwithstanding his earlier refusal if:
- Both chambers of he Ziu again approve an identical amendment, a general election having intervened since the first approval by the Ziu, and
- A two-thirds majority of voters participating in the next general election vote in favour of the amendment.
The King shall not proclaim an amendment to the Covenants of Rights and Freedoms under this section unless the people approve the amendment by a three-quarters majority in the second referendum.
Article XX of the Organic Law of the Kingdom of Talossa, which currently reads:
Legislation may be enacted by the people through the Referendum. The Ziu may prepare referenda and submit these to popular vote, as it sees fit. The referendum may be advisory (a non-binding public opinion check) or may have the force of law upon its approval by a majority of those who vote on it. Referenda questions appear on the ballot during the next general election, or sooner, if the Seneschal so chooses to authorise.
shall be amended as follows:
Legislation may be enacted by the people through the Referendum. The Ziu may prepare referenda and submit these to popular vote, as it sees fit. The referendum may be advisory (a non-binding public opinion check) or may have the force of law upon its approval by a majority of those who vote on it. Referenda questions shall appear on the ballot during the next general election.
