[FINAL VOTE] Amendments to the Constitution

[C. Carlüs Xheraltescù]

Apr 11, 2016 10:18:02 GMT -6 Üc R. Tärfâ said:

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L | Amendments to the Constitution.

1. The following new section is added to Fiôvâ Const. § 7.

7.2
Whenever the office of Túischac’h becomes vacant and there is no Deputy, the Cunstavál may name an Acting Túischac’h to carry on the open businesses and conduct the election for the new Túischac’h.

2. Fiôvâ Const. § 10. is amended to read as follows:

Article X

10.1
Save as otherwise provided, the General Assembly shall act by a majority of the votes cast with quorum determined in the Standing Orders or by Law. Amendments to this Constitution require either a two-thirds majority of those voting or an absolute majority of those eligible to vote.

10.2
If the Cunstavál fails to take action upon a law within ten (10) days of its passing by the General Assembly, it shall be deemed to be promulgated.

3. Fiôvâ Const. § 13. is amended to read as follows:

Article XII

13.1
Every officer named under this Constitution may nominate a Deputy to help in their duties, to fulfil their functions in case of absence, or to act as a provisional replacement in cases of resignation or dismissal.

13.2
Any officer named under this Constitution shall be considered an absentee if they fail to confirm their presence to the General Assembly within seven (7) days of being formally called upon to do so, unless they had previously submitted to the Secretary of State a leave of absence. An absentee is considered to have vacated the office.

You have 7 days to vote, esteemed Assembly Members

[Üc R. Tärfâ]

Për

[Miestrâ Schivâ, UrN]

CONTRA

I can't tolerate the unelected Royal appointee choosing a Tuischac'h.

[Üc R. Tärfâ]

Apr 18, 2016 20:52:50 GMT -6 Miestrâ Schivâ, UrN said:

CONTRA

I can't tolerate the unelected Royal appointee choosing a Tuischac'h.

Dept. Þon. Tuischac'h C. Carlüs Xheraltescù,

I raise to adress this Assembly regarding this vote. The part la estimadâ citaxhiên Miestrâ Schivâ, UrN is referring to is a very short passage of this bill that provides for the nomination of a temporary Acting Tuischac'h to conduct an election for the new one in the case there isn't a Deputy Tuischac'h. Legislatures usually confers this on the oldest one or the one who received more preferences: but these procedures can't be applied in a universal and always sitting Assemply like ours. That concern was never voiced otherwise, I could have change it, or an amendment could have been proposed for consideration by this Assembly if this concern would have been voiced before.

I proposed this provision in this bill because I was preoccupied that if the Tuischac'h nor the Deputy Tuischac'h is around who can conducts the election for a new one?

However, the intentions of this bill is to clarify 3 points which are pretty obscure in the Constitution:

• amendments shall be approved by a 2/3, of what? Those voting or eligible to vote?
• when an elected officer is considered absent according to this Constitution, what happens?
• if the Cúnstaval doesn't promulgate a law, what happens? (Could the recent ruling of the Uppermost Cort be relevant here, even if now the OrgLaw has changed? How thic changes can be applied to Cúnstaval promulgation?).

La estimadâ citaxhiên Schivâ voted contrâ on this bill based on a de facto temporary provision of this Bill, I urge her to consider the broad scope of the whole text. I'm even open to the possibility to withdraw this bill to further consider it if my esteemed colleagues will join me.

Thanks for your patience.

[Üc R. Tärfâ]

Dept. Þon. Tuischac'h C. Carlüs Xheraltescù,

I believe the 7-days voting window has ended for this bill.

I'd like to inform this Assembly that I reserve to propose again in the future those provisions with some possible changes after a a deep reflection and especially after my esteemed colleague's observation and the recent decision of the Uppermost Court.

In that case, I'll present each article in its own bill after my proposal for the reform of the Standing Orders will be examined by this Assembly.

Thank you, I surrender the floor.