Post by Sir Alexandreu Davinescu on Jul 8, 2009 23:49:08 GMT -6
The Organic Law will soon (presumably) be amended to read thus:
I thought it would be good to get a jump on working out provincial law for this sort of thing. Maritiimi-Maxhestic is in a state of emergency for the next term, so no laws passed by an assembly will have any force, but I'd like to get something under discussion so it can be passed by the Emergency Dictator by fiat or the term after next by the assembly.
The basis of Maritiimi-Maxhestic law is instilling as much power as possible in the legislature, and as little as possible with the Cunstaval and Grand General Secretary. I think this is very important, since our province has had some rough times as a local fiefdom in the past. Accordingly, I thought the wording of this new amendment needs a bit of workaround since we are structured differently than the other provinces, who tend to have a strong premier-figure who is rather unlike our decorative GGS.
The law above provides a few strict circumstances, if I read it correctly. Three times in a Senator's term, the Assembly shall be able to propose a resolution to remove that Senator and at the same time install a new named person as Senator. If it passes, then it is submitted to the citizens of the province as a referendum by a person the province names. If they pass it with a supermajority (2/3 of Assemblypersons), then the Senator is recalled. The Premier is specifically directed the means and duration by which to notify citizens of the vote. If the named new Senate candidate is unwilling or unable to serve, then a new one is chosen in some other way according to provincial law.
It is clear that there are gaps in this wording specifically in order to allow provinces to do things their own way, but it also means that we must positively fill in the gaps since otherwise the law does not provide.
I am Senator, so obviously I have a pretty major stake in this. Further, I have made my tepid acceptance of this new law obvious. So if anyone ever thinks I am being unreasonable or out of line, I urge you to tell me privately or publicly, and I will immediately step back. But I wanted to get discussion going, since it seems a needful step.
Several things need to be specified to make this process workable:
So, I would suggest that any recall resolution must include the following:
Some safeguards against reactionary recoil should be put in, I believe. For example, I believe the recall proposal should require a supermajority in the Assembly. I would further suggest that there be complete separation of all roles. The Senator can not propose this resolution, nor can he be his own replacement, nor can he conduct the referendum. Nor could the person who proposes the resolution replace the Senator or conduct the referendum. Nor could the person who conducts the referendum propose the resolution or replace the Senator. And the Cunstaval or GGS could not take any of the roles either. This recall election could easily be abused by a swift new majority if care is not taken; the Cunstaval, for example, should not be allowed to issue a referendum and then replace the Senator himself (as he would be, without safeguards in a State of Emergency.)
Are there any other suggestions on what should be put into the law? This will be, incidentally, probably the first law of M-M since we acquired a Constitution.
A Senator vacates his seats if he fails to vote on two consecutive Clarks, or if he resign from office, loses his citizenship or dies. A Senator may also be removed following a recall election. Each Province is permitted to recall its Senator pursuant to applicable provincial law.
The recall shall be initiated by the Provincial Assembly in a measure presented during a legislative session, with a suitable replacement candidate being named at this point. If the measure is approved by the Assembly, the Premier or Cunstaval shall ensure a Referendum is conducted by whomever the Provincial Assembly should designate in accordance with Provincial law. No province shall be permitted to hold more than 3 senate recall referenda per term, per Senator. The Premier shall send notification of this referendum to each provincial citizen electronically, or by mail should electronic transmission be impossible or impractical and posted in a prominent location for public scrutiny. The referendum ballot shall last not less than 10 days to allow citizens to study the measure and cast their vote.
If the measure passes with a 2/3 majority vote, the Senator shall be considered recalled. The Referendum results shall then be transmitted to the Secretary of State and the Mençéi, who shall ensure the Senator vacates his office by that end of that month and the named replacement shall be installed. Should the named replacement become unable, unwilling or ineligible to assume the Senate seat, a replacement shall be chosen according to applicable Provincial Law.
The recall shall be initiated by the Provincial Assembly in a measure presented during a legislative session, with a suitable replacement candidate being named at this point. If the measure is approved by the Assembly, the Premier or Cunstaval shall ensure a Referendum is conducted by whomever the Provincial Assembly should designate in accordance with Provincial law. No province shall be permitted to hold more than 3 senate recall referenda per term, per Senator. The Premier shall send notification of this referendum to each provincial citizen electronically, or by mail should electronic transmission be impossible or impractical and posted in a prominent location for public scrutiny. The referendum ballot shall last not less than 10 days to allow citizens to study the measure and cast their vote.
If the measure passes with a 2/3 majority vote, the Senator shall be considered recalled. The Referendum results shall then be transmitted to the Secretary of State and the Mençéi, who shall ensure the Senator vacates his office by that end of that month and the named replacement shall be installed. Should the named replacement become unable, unwilling or ineligible to assume the Senate seat, a replacement shall be chosen according to applicable Provincial Law.
I thought it would be good to get a jump on working out provincial law for this sort of thing. Maritiimi-Maxhestic is in a state of emergency for the next term, so no laws passed by an assembly will have any force, but I'd like to get something under discussion so it can be passed by the Emergency Dictator by fiat or the term after next by the assembly.
The basis of Maritiimi-Maxhestic law is instilling as much power as possible in the legislature, and as little as possible with the Cunstaval and Grand General Secretary. I think this is very important, since our province has had some rough times as a local fiefdom in the past. Accordingly, I thought the wording of this new amendment needs a bit of workaround since we are structured differently than the other provinces, who tend to have a strong premier-figure who is rather unlike our decorative GGS.
The law above provides a few strict circumstances, if I read it correctly. Three times in a Senator's term, the Assembly shall be able to propose a resolution to remove that Senator and at the same time install a new named person as Senator. If it passes, then it is submitted to the citizens of the province as a referendum by a person the province names. If they pass it with a supermajority (2/3 of Assemblypersons), then the Senator is recalled. The Premier is specifically directed the means and duration by which to notify citizens of the vote. If the named new Senate candidate is unwilling or unable to serve, then a new one is chosen in some other way according to provincial law.
It is clear that there are gaps in this wording specifically in order to allow provinces to do things their own way, but it also means that we must positively fill in the gaps since otherwise the law does not provide.
I am Senator, so obviously I have a pretty major stake in this. Further, I have made my tepid acceptance of this new law obvious. So if anyone ever thinks I am being unreasonable or out of line, I urge you to tell me privately or publicly, and I will immediately step back. But I wanted to get discussion going, since it seems a needful step.
Several things need to be specified to make this process workable:
- Procedures have to be put in place for the referendum. I would suggest that provincial law direct a simple Assembly vote at the time of the referendum on who will run it; i.e. included in the recall resolution.
- Emergency procedures must be written in case the named new Senator is unable to fulfill the duty. I would suggest that the old Senator retains his position, and a second resolution occur. This would forestall any hasty attempts to kick out a Senator without a replacement (since a resolution could name someone obviously unable to do the job).
So, I would suggest that any recall resolution must include the following:
- Just cause for removal.
- The name of a suitable candidate for replacement in the office of Senator.
- The name of the individual who will conduct the referendum.
Some safeguards against reactionary recoil should be put in, I believe. For example, I believe the recall proposal should require a supermajority in the Assembly. I would further suggest that there be complete separation of all roles. The Senator can not propose this resolution, nor can he be his own replacement, nor can he conduct the referendum. Nor could the person who proposes the resolution replace the Senator or conduct the referendum. Nor could the person who conducts the referendum propose the resolution or replace the Senator. And the Cunstaval or GGS could not take any of the roles either. This recall election could easily be abused by a swift new majority if care is not taken; the Cunstaval, for example, should not be allowed to issue a referendum and then replace the Senator himself (as he would be, without safeguards in a State of Emergency.)
Are there any other suggestions on what should be put into the law? This will be, incidentally, probably the first law of M-M since we acquired a Constitution.
