[PROPOSAL] Amendments to the Constitution

[Üc R. Tärfâ]

Post edited on the 11th of APRIL 2016.

Dept. þon. Túischac'h C. Carlüs Xheraltescù,
on the 19th of July 2012 I submitted a proposal of a law to amend the Constitution, on the 28th I withdrew it and submitted again on the 10th of September of the same year. However this proposal evidently fell in a temporal bubble invisible to all of us because after 4 years is still technically in the PROPOSAL status, which should have ended on the 17th of September 2012.

To avoid a dangerous collision of timespace I’m afraid even the Doctor won’t be able to save us from, let be known that today, the 11th of April 2014 I consider my original proposal expired and I hereby propose this BILL to amend the Constitution for consideration in the General Assembly.

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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.

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• According with Section 3.1 of the Standing Orders, citizens of Fiôvâ have 7 days, until the 18th of March, to propose amendments in this same thread.
• If you do, according with StanOrd § 3.2 the Túischac'h shall call for a vote on each amendments in a new collective thread labelled [AMENDMENTS VOTE] that last for 7 days.
• Once all of the amendments have been settled and applied or if no amendment is proposed, according with StanOrd § 4 the Túischac'h will call for a final vote on this proposal in a new thread labelled [FINAL VOTE] that last for 7 days.
• As this is a proposal for a law, it needs to be promulgated by the Cunstavál.

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The following is the original proposal covered in dust that I preserve for historical accurancy.

Jul 19, 2012 1:36:30 GMT -6 Üc R. Tärfâ said:

I hereby propose this LAW to amend the Constitution of the Free Province of Fiôvâ beeing one of the two acts of The General Assembly Fixing Pack.

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2012/L4 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. The following new section is added to Fiôvâ Const. § 10.

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 absent if they fail to confirm their presence to the General Assembly within seven (7) days of being called upon to do so, unless they had previously submitted to the Secretary of State a leave of absence. An absent officer is considered to have vacated the office.

[Üc R. Tärfâ]

WHEREAS I think it's an obviuos right for a MGA to whitdrawn his own proposal even if it's not explicitly stated in the Standing Orders; and

WHEREAS I'll be leaving tomorrow with my Troop for summer camp; and

WHEREAS I'll have few possibility to access the internet in the coming weeks; and

WHEREAS many other Fiôváes who live in the northern emisphere are going to be in the same situation; and

WHEREAS one of the two proposal of the General Assembly Fixing Pack amends the Constitution, so a supermajority is needed for its passing; and

WHEREAS the Túischac'h, unfortunately, hasn't called yet for finale vote on this;

I'LL WITHDRAW this proposal, back to the FOR DISCUSSION status, with the intention to put it again in the PROPOSAL status in the month of September.

[Miestrâ Schivâ, UrN]

Is it time to warm this up again, Üc?

[Üc R. Tärfâ]

Yes I hereby submit it again to official PROPOSAL status for consideration by the GA.

[Miestrâ Schivâ, UrN]

Estimats Fiôváes, you have SEVEN DAYS to suggest amendments to the above proposal.

[Üc R. Tärfâ]

[AMENDMENT] #1

Withdrawn

[Üc R. Tärfâ]

[AMENDMENT] #2

Withdrawn

[Üc R. Tärfâ]

[AMENDMENT] #3

The following article is added:

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

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.

Basically it says that to amend the constitution an absolute majority of total members votes PER or a 2/3 of PER of the votes cast is required. For example, now we have 18 citizens, if the votes are 10-4-2, this is not a 2/3 simple majority (4+2=6, 10<12) but it is a majority of all citizens (10 out of 18). In this scenario 50%+1 wanted to amend this constitution, so with this double provision it's passed (which is logic as the vote it's also a sort of referendum).

Simply put: an absolute majority is required, unless there's a supermajority.

[C. Carlüs Xheraltescù]

Because our provincial assembly is a direct democracy, and since it doesn't command the attention of most of our citizens, I'm not 100% sure I think this is a good idea.

[Üc R. Tärfâ]

Sept 20, 2012 13:46:45 GMT -6 C. Carlüs Xheraltescù said:

Because our provincial assembly is a direct democracy, and since it doesn't command the attention of most of our citizens, I'm not 100% sure I think this is a good idea.

Mmm... which one?
I think that the last one actually strenghten your position...

[C. Carlüs Xheraltescù]

Sorry, I misread the text - I thought it applied to other provincial acts as well as amendments to the provincial constitution. My bad!

[Üc R. Tärfâ]

Btw that's why I'll vote for the #3 only...
I might withdraw #2...

[Üc R. Tärfâ]

It's about time we vote on amendments, isn't it?

[Miestrâ Schivâ, UrN]

Üc, you're the only one who's proposed any amendments, some of which cancel each other out, and now I'm confused about what you actually want. If you will provide a final draft of what you're proposing, we'll put it up for formal amendments.

[Üc R. Tärfâ]

I don't think that there is an impediment for a sponsor of a bill to propose amendments. The final draft if the one I posted, the amendments I proposed are amendments.

Why? Because they are a subject not strictly link with the one of the proposed text, but especially on amendments to the constitution which require special majority, I thought to seize the opportunity.