Revamping Benito's Government

[Lüc da Schir]

I'd like to propose a list of changes to our institutions. They are both stylistic and structural.

1. Revamped Chancellery
Big issue here. A lot of prominent Benitians are often cut off the Chancellery as they are non-partisan and are not elected in a party. My solution would be the following.
The Legislative Chancellery would be composed by two Houses:
    a. House, 11 seats, elected.
Seats filled by parties and apportioned using Hare-Niemeyer or Droop-Niemeyer with unspecified (variable) threshold.
Every member of the House represents, for cerimonial purposes, a constituency inside Benito's provincial territory.
    b. Senate, unspecified number of seats, appointed.
All Order of Benito recipients and the Representanteu Noval are members by right.
The Maestro can then appoint how many Senators he wishes provided that they don't already hold seats in the House.
Even if an individual would be entitled to multiple Senate seats, he only receives one.
The Senate could also work as a provincial court.

2. Revamped Government

The Maestro is the Head of the Provincial Government and is elected by the House, not by the Senate, at the beginning of each Chancellery session.
He can then appoint additional members to the Senate according to 1b; he can do so anytime he wishes during a Chancellery session.
We should probably add provisions to our Constitution to empower him to nominate at least a Deputy Maestro (or Vicemaestro, whatever).
He can either be a member of the House or of the Senate; if he is a member of the House, then his deputy has to be a Senator, and vice-versa, so that he is represented in both Houses.



3. Revamped Senator

The Chancellery should be able to recall the Senator and/or force him to submit to a snap election as soon as possible.
Plus, we've got to find a shorter name for him. Representanteu Noval is a bit tricky to remember; Cézembre's Lord Warden is pretty straightforward instead.

4. Revamped Arvitieir Prima
Well, to begin, we might want to change its name. Shouldn't it be Prüm Arvitieir? We might want to find him some more Benitian sounding name.
His constitutional role implies he is also part of the Maestro's team along with the Deputy Maestro. Perhaps he should retain the presiding part of his job as Speaker of the House or the Speaker of both houses, and the advisory part of his job should go to the Deputy Maestro

[Adm. T.M. Asmourescu, O. Ben.]

Jun 3, 2015 8:42:42 GMT -6 Lüc da Schir said:

I'd like to propose a list of changes to our institutions. They are both stylistic and structural.

1. Revamped Chancellery
Big issue here. A lot of prominent Benitians are often cut off the Chancellery as they are non-partisan and are not elected in a party. My solution would be the following.
The Legislative Chancellery would be composed by two Houses:
    a. House, 11 seats, elected.
Seats filled by parties and apportioned using Hare-Niemeyer or Droop-Niemeyer with unspecified (variable) threshold.
Every member of the House represents, for cerimonial purposes, a constituency inside Benito's provincial territory.
    b. Senate, unspecified number of seats, appointed.
All Order of Benito recipients and the Representanteu Noval are members by right.
The Maestro can then appoint how many Senators he wishes provided that they don't already hold seats in the House.
Even if an individual would be entitled to multiple Senate seats, he only receives one.
The Senate could also work as a provincial court.

 


I like it. But we established the High Court of Benito by statute shortly after the constitution was proclaimed. Unfortunately it doesn't appear on the website, but if you go through the forum it is in there along with our establishment of the Order of Benito and a few other items we crafted. I'm more than happy to back a repeal of the high court in favor of your proposal, however.

2. Revamped Government

The Maestro is the Head of the Provincial Government and is elected by the House, not by the Senate, at the beginning of each Chancellery session.
He can then appoint additional members to the Senate according to 1b; he can do so anytime he wishes during a Chancellery session.
We should probably add provisions to our Constitution to empower him to nominate at least a Deputy Maestro (or Vicemaestro, whatever).
He can either be a member of the House or of the Senate; if he is a member of the House, then his deputy has to be a Senator, and vice-versa, so that he is represented in both Houses.

Looks good. But we don't really need a constitutional amendment for a deputy maestro. Let's just pass a statute and leave it at that. 

3. Revamped Senator

The Chancellery should be able to recall the Senator and/or force him to submit to a snap election as soon as possible.
Plus, we've got to find a shorter name for him. Representanteu Noval is a bit tricky to remember; Cézembre's Lord Warden is pretty straightforward instead.

I like the idea of recall. But the organic law governs the actual election and appointment of a Senator because it isn't a provincial level position we just administer the election. So we can write it into law but I believe it would be inorganic. 

4. Revamped Arvitieir Prima
Well, to begin, we might want to change its name. Shouldn't it be Prüm Arvitieir? We might want to find him some more Benitian sounding name.
His constitutional role implies he is also part of the Maestro's team along with the Deputy Maestro. Perhaps he should retain the presiding part of his job as Speaker of the House or the Speaker of both houses, and the advisory part of his job should go to the Deputy Maestro

The Arvitieri Prima isn't actually established by Constitution. The position isn't named anywhere in the provincial constitution. The office was created by statute years after the constitution was proclaimed to help facilitate the transition between governments. 

The constitution is located here, just in case anyone is curious: benito.moonfruit.com

FYI: I lost the login to this website. Besides, who uses moonfruit anymore? 

[Lüc da Schir]

Jun 3, 2015 9:20:56 GMT -6 Adm. T.M. Asmourescu, O. Ben. said:

2. Revamped Government

The Maestro is the Head of the Provincial Government and is elected by the House, not by the Senate, at the beginning of each Chancellery session.
He can then appoint additional members to the Senate according to 1b; he can do so anytime he wishes during a Chancellery session.
We should probably add provisions to our Constitution to empower him to nominate at least a Deputy Maestro (or Vicemaestro, whatever).
He can either be a member of the House or of the Senate; if he is a member of the House, then his deputy has to be a Senator, and vice-versa, so that he is represented in both Houses.

Looks good. But we don't really need a constitutional amendment for a deputy maestro. Let's just pass a statute and leave it at that. 

Agreed.

3. Revamped Senator

The Chancellery should be able to recall the Senator and/or force him to submit to a snap election as soon as possible.
Plus, we've got to find a shorter name for him. Representanteu Noval is a bit tricky to remember; Cézembre's Lord Warden is pretty straightforward instead.

I like the idea of recall. But the organic law governs the actual election and appointment of a Senator because it isn't a provincial level position we just administer the election. So we can write it into law but I believe it would be inorganic. 

This might be implemented by empowering the Chancellery to vote on a motion with this kind of wording, "That the Senator for Benito be informed that He does not have the confidence of this Chancellery." or "That the Senator for Benito be advised to submit Himself to a snap election.". I guess this wouldn't be inorganic. It's more of a kind of suggestion.

4. Revamped Arvitieir Prima
Well, to begin, we might want to change its name. Shouldn't it be Prüm Arvitieir? We might want to find him some more Benitian sounding name.
His constitutional role implies he is also part of the Maestro's team along with the Deputy Maestro. Perhaps he should retain the presiding part of his job as Speaker of the House or the Speaker of both houses, and the advisory part of his job should go to the Deputy Maestro

The Arvitieri Prima isn't actually established by Constitution. The position isn't named anywhere in the provincial constitution. The office was created by statute years after the constitution was proclaimed to help facilitate the transition between governments. 

The constitution is located here, just in case anyone is curious: benito.moonfruit.com

It is, actually I wrote the amendment myself. The updated constitution is on the Wiki.

FYI: I lost the login to this website. Besides, who uses moonfruit anymore?

I've never used it, so I guess the last time it has been used is in late 2011 when Simeon Andrieu was Maestro.

[Adm. T.M. Asmourescu, O. Ben.]

Jun 5, 2015 6:39:26 GMT -6 Lüc da Schir said:

The Arvitieri Prima isn't actually established by Constitution. The position isn't named anywhere in the provincial constitution. The office was created by statute years after the constitution was proclaimed to help facilitate the transition between governments. 

The constitution is located here, just in case anyone is curious: benito.moonfruit.com

It is, actually I wrote the amendment myself. The updated constitution is on the Wiki.

I see where you proposed the amendment in the 45th Cosa. Here. 

But I neither recall nor do I see evidence of a provincial referendum nor of the amendment being promulgated by the Vicere or the King as required in the constitution:


Amendments

Art 24. This Constitution may be altered by a resolution of the Provincial Chancellery, which must be approved by a referendum of the people attaining the favour of three-fifths of those who vote and promulgated by the Viceré.

So...did I miss a referendum? And, following that, did I miss the Vicere arising from the ashes to proclaim it? Because the resolution to pass it by the Chancellery is important but if we didn't do the other two things then the amendment isn't legal. I may very well be missing something. But now that we have a nice organized Wiki to keep this information I just want to make sure we are all proceeding forward on solid ground. 

[Vitxalmour Conductour]

Being one of those no-party Benetians (long live the NPW!), I am very much in agreement with the general thrust of your first point (and most of the specifics, and most of the rest of it.) I do have issue with this part though:

b. Senate, unspecified number of seats, appointed.
All Order of Benito recipients and the Representanteu Noval are members by right.
The Maestro can then appoint how many Senators he wishes provided that they don't already hold seats in the House.
Even if an individual would be entitled to multiple Senate seats, he only receives one.
The Senate could also work as a provincial court.

This would allow a narrowly elected maestro to stack the deck and gain a disproportionate advantage.
I would propose former senators and maestros that are not currently in the chancellery. I would refrain on the members of the order of Benito, as I see it as a cultural award rather than a political one, and should not come with a political office (though quality political contributions to Benitian culture would of not be unworthy of the award.)

[Lüc da Schir]

Jun 5, 2015 10:47:55 GMT -6 Vitxalmour Conductour said:

Being one of those no-party Benetians (long live the NPW!), I am very much in agreement with the general thrust of your first point (and most of the specifics, and most of the rest of it.) I do have issue with this part though:

b. Senate, unspecified number of seats, appointed.
All Order of Benito recipients and the Representanteu Noval are members by right.
The Maestro can then appoint how many Senators he wishes provided that they don't already hold seats in the House.
Even if an individual would be entitled to multiple Senate seats, he only receives one.
The Senate could also work as a provincial court.

This would allow a narrowly elected maestro to stack the deck and gain a disproportionate advantage.
I would propose former senators and maestros that are not currently in the chancellery.

The point is that the Senate is also meant to seat any non partisan citizen who would like to take part in the day to day political life of Benito. The Senate does not elect and can not vote out a Maestro; think of it as a Benitian UK House of Lords.
I agree with the latter part of your comment, though, but would you be okay with a cap on nominations? Like, half of the already seated members?

I would refrain on the members of the order of Benito, as I see it as a cultural award rather than a political one, and should not come with a political office (though quality political contributions to Benitian culture would of not be unworthy of the award.)

Including the O.Be.s makes sure we get to have people with a certain degree of experience in the Senate and also that we get them to stick around and put forward proposals which are not necessarily strictly related to politics.

[Vitxalmour Conductour]

Good points, as always.
How about your proposed cap, and members of the order appointed during a cosa are not seated until the next chancellery is seated? This to keep such appointments being used as a loophole by some hypothetical shady future maestro.

[Lüc da Schir]

Very good observation, makes sense.