Amendment 5 to the Third Constitution

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Amendment 5 to the Third Constitution
Amendment 4
CitationPCa-5 to C-3
Considered byOpen Parliament
Legislative history
Introduced on3 May 2018
Introduced byRamelia
Law Commission
Voting began21 May 2019
Required majorityTwo-thirds
Related legislation
Order 3 of the Law Commission
Status: Pending

This Amendment provides for several revisions recommended by the Third Order of the Law Commission.

Section 1. Legislation Classification Revision

Article 3, Section 6 of the Constitution shall be amended to read as follows:

The Speaker shall ensure that the following classification system is used in the Open Parliament:
Clause 1. Constitutions of the Social Liberal Union, Acts of Parliament, Resolutions of Parliament, Executive Orders, and treaties and interregional agreements shall be archived in citation by sequential order of passage or ratification following a designated prefix.
Clause 2. All forms of Amendments shall be archived in citation by sequential order of passage with regard to the legislation amended following a designated prefix, followed by citation of the legislation amended.
Clause 3. Legislation may be archived as spent without having to be repealed itself, once it becomes completely exhausted in operation by the accomplishment of the purpose(s) for which it was enacted, such as legislation that exclusively repeals another or that is otherwise self-executing.
Clause 4. Constitutions of the Social Liberal Union shall be archived by sequential order of passage, and citations thereof shall be prefixed "C." Amendments to Constitutions shall be archived by sequential order of passage, and citations thereof shall be prefixed "Ca."
Clause 5. Acts of Parliament shall, to the fullest extent possible, be archived by their full names, and citations thereof shall be prefixed "A." Amendments to Acts of Parliament shall be archived by sequential order of passage, and citations thereof shall be prefixed "Aa."
Clause 6. Resolutions of Parliament shall, to the fullest extent possible, be archived by their full names, and citations thereof shall be prefixed "R." Amendments to Resolutions of Parliament shall be archived by sequential order of passage, and citations thereof shall be prefixed "Ra."
Clause 7. Treaties and interregional agreements ratified by the Social Liberal Union shall, to the fullest extent possible, be archived by their full names, and citations thereof shall be prefixed "T."
Clause 8. Executive Orders shall be archived by date of passage, and citations thereof shall be prefixed "EO."

Section 2. Clarification of the Role of the Speaker pro tempore

Article 3, Section 3, Clause 1 of the Constitution shall be amended to read as follows:

The Speaker pro tempore shall temporarily exercise the powers and assume the duties and privileges of the office of the Speaker in the event of the actual Speaker's temporary inactivity, resignation, or incapacitation, as may be provided for by law. Provided, as acting Speaker, the Speaker pro tempore shall not be a member of the Administration in such capacity, and, in such case as the Speaker and Speaker pro tempore may have separate and similar powers or ex officio positions, the Speaker pro tempore shall not exercise the powers of the Speaker.

Section 3. Regarding Prohibition of Hateful Expressions

Clause 1. A section, entitled Prohibition of Hateful Expression, shall be appended to Article 1 of the Constitution to read as follows:
Any State that makes statements in support of the denial of human rights on the basis of sex, gender identity, race, ethnicity, or religion, or makes statements in support of any ideology that advocates for denial of such human rights, may be subject to prosecution for a criminal offense, penalties for which may be provided for by law.
Clause 2. Article 1, Section 7, Clause 1 of the Constitution shall be amended to read as follows:
Clause 1. Freedom of speech, expression, and opinion, except as otherwise provided for in this Article

Section 4. Typographical Error Correction and Clarification

Clause 1. Article 1, Section 2 of the Constitution shall be amended to read as follows:
Resident States must guarantee the following freedoms and rights to all persons under their jurisdiction, as measured by the World Census, or as otherwise prescribed by law:
Clause 2. Article 2, Section 4 of the Constitution shall be amended to read as follows:
The Open Parliament may not legislate the internal laws of the sovereign Resident States, without the permission of the government each respective State, unless the State is repugnant to the Constitution. The Open Parliament is only limited by the Constitution itself, and then by the laws it may enact, but none of which may be immune to repeal.
Clause 3. Article 2, Section 4, Clause 1 of the Constitution shall be amended to read as follows:
Clause 1. No law shall be passed which provides any existing law or any part thereof be made part of the new law, excepting via explicitly inserting the text of the previous law.
Clause 4. Article 2, Section 6, Clause 3 of the Constitution shall be amended to read as follows:
Clause 3. Resolutions of Parliament may formally express an opinion of Parliament, consent to the ratification of treaties and other interregional agreements agreed to and signed by the Delegate or Minister of Foreign Affairs, open or close embassies, consent to invasion or defense operations if required by Article 10 of this Constitution, or exercise specific non-lawmaking powers such as granting waivers to existing law and regulating the administrative or internal business of the Open Parliament, where provided for by law.
Clause 5. Article 2, Section 8 of the Constitution shall be amended to read as follows:
The Member State which introduced a bill, or one of its co-authors, determine when the bill goes to a vote, subject to mandatory debate periods, if applicable.
Clause 6. Article 2, Section 9, Clause 3 of the Constitution shall be amended to read as follows:
Clause 3. If at least two of the officers named in Clause 2 jointly declare a state of emergency, which shall last for no longer than 10 days, voting on Acts of Parliament and Act Amendments shall last between 3 to 10 days, voting on Resolutions of Parliament and Resolution Amendments shall last between 1 to 7 days, and voting on Constitutional Amendments shall last between 5 to 21 days.
Clause 7. Article 2, Section 9, Clause 7 of the Constitution shall be amended to read as follows:
Clause 7. Any bills which are at vote when a state of emergency is rescinded shall have their voting period extended to non-emergency lengths, or, the Speaker or the author(s) of such a bill may withdraw the bill from consideration.
Clause 8. Article 3, Section 1 of the Constitution 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 as provided by and pursuant to this Constitution and other laws, and shall defend the rights and privileges of the Members of the Open Parliament.
Clause 9. Article 3, Section 7 of the Constitution shall amended to read as follows:
The Speaker shall ensure an original and unmodified copy of the current and past Constitutions, and each Act of Parliament, Resolution of Parliament, Treaty or interregional agreement, Constitutional Amendment, and Executive Order is maintained in addition to a current copy, except legislation that was passed and amended before this Constitution was adopted and for which no original copy can be located.
Clause 10. Article 6, Section 5, Clause 1 of the Constitution shall be amended to read as follows:
Clause 1. While the Minister of Foreign Affairs has the authority to establish the criteria that will be used to assess potential embassies, the Minister shall endeavor to reflect regional values in their selection process, as well as the requirements of Article 10.
Clause 11. Article 8, Section 2 of the Constitution shall be amended to read as follows:
In matters before the Open Parliament, a poll shall be created and the results hidden until the vote ends, except as may otherwise be provided for by law.
Clause 12. Article 8, Section 9 of the Constitution shall be amended to read as follows:
If vacancies occur in the offices of World Assembly Delegate, Speaker of the Union, or Chancellor, elections for an entirely new term shall be held earlier than scheduled, as soon as possible. If vacancies occur in both the offices of Minister and Deputy Minister within the same ministry, or, both offices are occupied by States not elected thereto, and there is more than one month until the beginning of the next regularly-scheduled ministerial election, then the Delegate may issue writs of election to fill those vacancies, or, the Cabinet may appoint interim officers to these offices if there is less than one month until the next regularly-scheduled ministerial election.
Clause 13. Article 10, Section 3, Clause 2 of the Constitution shall be amended to read as follows:
Clause 2. They do not promote values repugnant to the Constitution, such as values contrary to those found in Article 1, Section 2
Clause 14. Article 11, Section 1 of the Constitution shall be amended to read as follows:
This Constitution replaces and voids the Second Constitution of the Social Liberal Union, and therefore shall be enacted by at least a two-thirds vote of the Open Parliament.

Section 5. Strengthening Human Rights Protections

Clause 1. Article 1, Section 2, Clause 26 of the Constitution shall be amended to read as follows:
Clause 26. Freedom from child labor, and from economic exploitation or abuse
Clause 2. Article 1, Section 2, Clause 27 of the Constitution shall be amended to read as follows:
Clause 27. Freedom from military conscription until at least age eighteen