Amendment 3 to the Third Constitution

From The Library of Parliament
Jump to: navigation, search
Amendment 3 to the Third Constitution
Amendment 2 Amendment 4
CitationCa-3 to C-3
Enacted byOpen Parliament
Date enacted11 January 2018
Legislative history
Introduced on21 December 2017
Introduced byAnaaxes
Voting began28 December 2017
Required majorityTwo-thirds
Vote results17 Yea, 0 Nay, 0 Abstain
Status: Passed

This Amendment adds and clarifies several Member State rights and provides for their protection, prohibits several deceptive legislative tactics, ensures all actions of the Open Parliament have a minimum level of democratic mandate, adds and clarifies several powers and duties of the Speaker and the Delegate, makes several changes to the justice system to prevent corruption and confusion, and fixes several typos.

Section 1. Protections Against Unlawful Member State Ejections

The following clauses shall be appended to Article 1, Section 5, to read as follows:

Clause 3. Member State status, once attained, shall last perpetually until cessation of existence, lack of residency, cessation of World Assembly membership without a valid waiver, or upon failure to satisfy the requirements of Section 3 of this Article for more than two weeks.
Clause 4. A Member State unlawfully ejected from the region shall not lose Member State status for lack of residency for at least one month, and, may petition the Court of Justice for the purposes of reinstating their residency.

Section 2. Addition of Several Enumerated Member State Rights

The following clauses shall be appended to Article 1, Section 7, to read as follows:

Clause 9. Freedom of emigration
Clause 10. Freedom from being held criminally liable for bona fide legislative statements in relation to a matter actually under consideration by the Open Parliament
Clause 11. Right to view the full text of all bills and proposals at vote before the Open Parliament

Section 3. Prohibition of Incorporation by Reference and Deceptive Legislative Tactics

The following clauses shall be appended to Article 2, Section 4, to read as follows, not to be applied retroactively:

Clause 1. No law shall be passed which provides that any existing law or any part thereof, shall be made or deemed a part of said law, except by explicitly inserting it in such law.
Clause 2. No law may have exactly the same title as any other existing law in effect.
Clause 3. No law may contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against it.
Clause 4. No law may be amended by mere reference, but the law amended or the amended portions thereof shall be set forth at full length.
Clause 5. No law shall be passed that names any State to hold any office established by this Constitution, except Ainland as Founder.
Clause 6. No law shall be passed that delegates any substantive legislative power of the Open Parliament to any other State, officer, or body.
Clause 7. No law which requires, under penalty of prosecution, Member States to endorse the elected World Assembly Delegate may be passed, except with the concurrence of at least two-thirds of the Member States voting.

Section 4. Minimum Number of Votes Required for Acts of Parliament

Article 2, Section 5, Clause 2 shall be amended to read as follows:

Voting shall last for 7 to 10 days, and no Act shall be considered passed if less than four valid votes were cast.

Section 5. Minimum Number of Votes Required for Resolutions of Parliament

Article 2, Section 6, Clause 2 shall be amended to read as follows:

Voting shall last for 5 to 7 days, and no Resolution shall be considered passed if less than three valid votes were cast.

Section 6. Minimum Number of Votes Required for Constitutional Amendments

Article 2, Section 7, Clause 2 shall be amended to read as follows:

Voting shall last for 14 to 21 days, and no Constitutional Amendment shall be considered passed if less than six valid votes were cast.

Section 7. Additional Duties of the Speaker of the Union

Article 3, Section 1 shall be amended to read as follows:

The Speaker of the Union is the presiding officer of the Open Parliament and the chief officer of the legislative branch. The Speaker shall impartially administer parliamentary procedure made by or pursuant to law or this Constitution, and shall defend the rights and privileges of the Members of the Open Parliament.

Section 8. Constitutional Advisory Powers of the Speaker of the Union

The following section, to be titled "Constitutional Advisory Powers," shall be appended to Article 3, to read as follows:

Any author of a bill for a Constitutional Amendment shall furnish a full and finalized draft of their bill to the Speaker of the Union and the World Assembly Delegate in order to formally initiate the public scrutiny period required by Article 2, Section 7, Clause 1. It shall be the duty of the Speaker thereafter, within five days, to ensure an impartial and accurate summary as to the effect of such bill upon other provisions of the Constitution be provided to the Members of the Open Parliament. The Speaker may require the opinion of the Attorney General or request a timely advisory opinion from the Court of Justice on any constitutional questions of law necessary to furnish a summary required by this Section.

Section 9. Delegatory Advice from the Cabinet Ministers

Article 5, Section 10 shall be retitled "Regional Updates and Cabinet Advice," and be amended to read as follows:

The Delegate shall, from time to time, notify the region of new developments and proposed resolutions in the World Assembly, as well as the state of the work of the Cabinet and the regional government in general, and, may recommend such policies or bills the Delegate and Cabinet deem as necessary and expedient. The Delegate may require the opinion, in writing, of any of the Ministers, upon any subject relating to the duties of their respective office.

Section 10. Military Authority of the World Assembly Delegate

The following section, to be titled "Military Authority and Oversight," shall be appended to Article 5, to read as follows:

The World Assembly Delegate, subject to the regulations of the Cabinet and the supreme authority of the Open Parliament, shall be the commander of any military forces of the Social Liberal Union, created by or pursuant to law, with the concurrence of at least two-thirds of the Member States voting. The Delegate shall have the power to call forth the military to suppress unlawful insurrection or to repel invasion, and, as permitted by this Constitution or with the consent of the Open Parliament, conduct invasions upon foreign regions and for other purposes.

Section 11. Clarification of Judicial Branch Organization

Article 9, Section 1 shall be amended to read as follows:

The Chancellor is the primary presiding officer of the Court of Justice and the chief officer of the judicial branch. The Court of Justice shall be both a trial court and the supreme appellate court of the region, and the final interpreter of Social Liberal Union law. The judicial power of the Social Liberal Union is vested in the Court of Justice as an institution, and then secondarily in such inferior tribunals as may be constituted by law to conduct criminal trials or civil trials regarding private disputes between Member States, with the concurrence of at least two-thirds of the Member States voting.

Section 12. Independent Counsel Appointment Authority

Article 9, Section 12 shall be amended to read as follows:

The World Assembly Delegate, the Minister of Domestic Affairs, or the Attorney General may indict and prosecute States for offences against the Social Liberal Union, and, they may defend the government in matters before the Court. The Court may, in a manner provided for by law, appoint competent independent prosecutors or counsel in the event of incapacity, omission, or conflict of interest within the executive branch.

Section 13. Changes to Court Opinion Requirements

Article 9, Section 13 shall be amended to read as follows:

The Court shall publish a binding opinion in all cases involving a question of constitutionality or legality of a government act described in Sections 5 and 6 of this Article, and in all appellate cases. In all other controversies, the issuance of an opinion is at the discretion of the Court or as required by law. All opinions issued must be based on applicable law, precedent, facts, and evidence.

Section 14. Clarification of Raider and Defender Relations

Article 10, Section 1, Clause 2 shall be stricken, and, Clause 3 of the same Section shall be amended to read as follows:

The Social Liberal Union maintains the right to investigate, negotiate with, and use espionage against any foreign region or organization to ensure the adequate defense and security of itself and its allies.

Section 15. Minimum Number of Votes Required for a New Constitution

A new clause shall be appended to Article 11, Section 6, to read as follows:

No new Constitution shall be considered adopted if less than twelve valid votes of Member States were cast during the proposal's voting period, unless lowered to six valid votes by Resolution of Parliament, with the concurrence of at least two-thirds of the Member States voting.

Section 16. Phrasing Corrections

Article 4, Section 5 shall be amended to read as follows:

The Founder shall appoint in-game regional officers, as may be provided for by law, unless they are inactive or incapacitated, in which case the Delegate shall.

Article 10, Section 3 shall be amended to read as follows:

In order to hold an embassy with the Social Liberal Union, a region or organization must satisfy the following requirements, as well as other requirements which may be provided for by law:

Section 17. Renumbering Authority

Appropriate sections and clauses shall be renumbered for continuity.