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Bill: General Rules of Amendments and their Interpretation,

Details

Submitted by[?]: Children of the Wrath

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: July 3005

Description[?]:

§1
This law serves as a obligatory guideline of interpretation of amendments to pre-formulated law.

§2
Amendments don't have to appear in the same proposal of the law they amend. If they don't appear in the same law, it has to be made clear in the bill itself that the law in question is an amendment.

§3
If a law without an amendment needs clarification that can only be achieved by making an amendment, it is the duty of the responsible Minister to propose an amendmend. Until this has happened, it lies with the individual judges to decide how to interpret the unclear law.

§4
Rules of Interpretation
These rules are also obligatory considering un-amended law.
1. Foremost, every law has to be interpreted according to the literal meaning of its text.
2. After text-immanent interpretation, the law has to be interpreted according to its position in the whole of Malivian law as well as its position in the law book, and most importantly, according to the law book it is positioned in.
3. The third way to interpret the law is according to its historical legislator.
4. The fourth way to interpret the law is according to its goal.
If none of this ways is sufficient, the law has to be interpreted by the individual judge according to the basic principles of Terran justice as a whole.

§5
Conflict of Amendments
1. If two amendments to the same law exclude each other, the younger amendment is to be followed.
2. If two amendments to the same law exclude each other, and one of them only applies to a specific portion of the law, the more specific law is to be followed for the specific portion and the more general law in all other cases.
3. In any way, the cognizant judge must decide, regardless how vague the law may be.

§6
If an amended pre-formulated law is changed, the amendment only becomes invalid if:
1. a new amendment is written that exludes the older one
2. or the old amendment can't possibly be brought into correlation with the new law.
It is possible that only parts of an amendment stay valid.

§7
This law is of great importance, as it declares how laws in Malivia are interpreted. This law will be written both into Malivian General Law and the Malivian Book of Amendmends, the first because this is a matter of general law, the latter because this is of great importance for all amendmends.

Proposals

Debate

These messages have been posted to debate on this bill:

Date22:47:28, September 22, 2010 CET
FromChildren of the Wrath
ToDebating the General Rules of Amendments and their Interpretation,
MessageOOC: What do you think?


Date14:39:37, September 23, 2010 CET
FromKonservative Partei Malivia
ToDebating the General Rules of Amendments and their Interpretation,
MessageThat is okey but I think paragrapg 2 is not good. In my opinion it is essential, that they appear in the same law.

Date15:06:58, September 23, 2010 CET
FromChildren of the Wrath
ToDebating the General Rules of Amendments and their Interpretation,
MessageWhat about now?

Date14:46:03, September 24, 2010 CET
FromKonservative Partei Malivia
ToDebating the General Rules of Amendments and their Interpretation,
Messageokey.

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Voting

Vote Seats
yes
 

Total Seats: 307

no

    Total Seats: 0

    abstain
     

    Total Seats: 294


    Random fact: Submitting a bill without any proposals in it will not attract or detract voters. It will not raise your visibility or change your political position.

    Random quote: "The most radical revolutionary will become a conservative the day after the revolution." - Hannah Arendt

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