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Bill: Declaration of Emergency Constitutional Amendment

Details

Submitted by[?]: The Liberal Party

Status[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: November 2878

Description[?]:

We, the Parliament of the United Republics of Lodamun do hereby create the following guidelines for declaration of emergencies:

1- With respect to Acts of Parliament authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to Parliament and published.

2- Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect only when the President (in accordance with section 1 of this section), specifically declares a national emergency.

3- Termination methods:

Any national emergency declared by the President in accordance with this sub chapter shall terminate if—
(a) there is enacted into law a resolution approved by two thirds of Parliament terminating the emergency; or
(b) the President issues a proclamation terminating the emergency.

Any national emergency declared by the President shall be terminated on the date specified in any resolution referred to in clause (a) or on the date specified in a proclamation by the President terminating the emergency as provided in clause (b) of this subsection, whichever date is earlier, and any powers or authorities exercised by reason of said emergency shall cease to be exercised after such specified date, except that such termination shall not affect—
(A) any action taken or proceeding pending not finally concluded or determined on such date;
(B) any action or proceeding based on any act committed prior to such date; or
(C) any rights or duties that matured or penalties that were incurred prior to such date.

Termination review of national emergencies by Parliament:

Not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, Parliament shall meet to consider a vote on a resolution to determine whether that emergency shall be terminated.

4- Any national emergency declared by the President in accordance with this subchapter, and not otherwise previously terminated, shall terminate on the anniversary of the declaration of that emergency if, within the ninety-day period prior to each anniversary date, the President does not publish and transmit to Parliament a notice stating that such emergency is to continue in effect after such anniversary.

5- When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published and transmitted to Parliament.

6- Maintenance of file and index of Presidential orders, rules and regulations during national emergency:

When the President declares a national emergency, or Parliament declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.

7- Presidential orders, rules and regulations; transmittal to Parliament:

All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to Parliament promptly under means to assure confidentiality where appropriate.

8- Expenditures during national emergency; Presidential reports to Parliament:

When the President declares a national emergency or Parliament declares war, the President shall transmit to Parliament, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the Lodamese Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures. *Can be voided if time constraints exist.

9- After a declaration of emergency by the President, no Constitutional Amendments may be violated by any government at any point in time unless so decided by two-thirds of Parliament after being petitioned by the President.

The President must give specific and reasonable reasons for the temporary suspension of said Constitutional Amendments.

Any other laws may be subject to temporary suspension by the President if specific and reasonable reasons are present.





This is a Constitutional Amendment and requires a two-thirds majority of Parliament for approval.

Proposals

Debate

These messages have been posted to debate on this bill:

Date13:14:57, January 14, 2010 CET
FromUnited Republics Party
ToDebating the Declaration of Emergency Constitutional Amendment
MessageOnce again, this should be done by LAW and not constitutional amendment. This procedure is a farce and should be rightfully disregarded by all.

Date20:05:22, January 14, 2010 CET
FromThe Liberal Party
ToDebating the Declaration of Emergency Constitutional Amendment
MessageAnd who cares what the URP have to say?

Date16:14:05, January 15, 2010 CET
FromUnited Republics Party
ToDebating the Declaration of Emergency Constitutional Amendment
MessageMaybe you should respect the constitutional process and abandon your efforts to impose laws that can only be overturned by 2/3 majority. This is a brazen violation of constitutional norms and I believe could be overturned by the courts.

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Voting

Vote Seats
yes
  

Total Seats: 126

no
   

Total Seats: 51

abstain
   

Total Seats: 23


Random fact: Bill descriptions must be in English, or at least include a full English translation. Bill titles may appear in a language that is appropriate to the nation and are not required to be translated into English.

Random quote: "The great masses of the people... will more easily fall victims to a big lie than to a small one." - Adolf Hitler

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