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Bill: Malivian Law of Warfare
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: September 3008
Description[?]:
| §1 Declaration of War In order to declare war, regardless to whom, both the Minister of Defence and the Kanzler must approve of the declaration, and an absolute majority is needed in the Nationalrat. In order to achieve this, either the Minister of Defence or the Kanzler have to propose an Act of War Declaration to the Nationalrat, which has to vote on it. If such an Act passes, it is the duty of the Minister of Foreign Affairs to declare war to the respective nation or nations. §1a Deployment without Declaration In order to deploy troops in order to use them in military actions tantamount to warfare, the same procedure as above has to be applied, but without an actual declaration from the Minister of Foreign Affairs. §2 Deployment of Troops and Leadership in Wartime After war has been declared, or an act has been passed to legalize the deployment of troops without a declaration, the whole act of warfare lies with the Präsident, who leaves the right to guide the troops to the Minister of Defence. No other than the Minister of Defence is allowed to give military orders. The Minister of Defence is solely responsible to the Präsident, and the Präsident is thus responsible for Malivian warfare, subject only to Malivian laws. §3 Controlling Rights Both the Präsident and the Kanzler have the right to get fully informed about ongoing actions by the Minister of Defence. The Nationalrat has the right to get informed on general strategy and the general status of the war, but has no inquisitive powers stronger than these. §3a Ensurance of the Democratic Order Troops may not be deployed near the actual party headquarters or the parliament without consent by the head of the party (1st case), or a 2/3rd majority vote (2nd case). §4 Emergency Rules a) In the case of another military attacking Malivia without declaration, or in the case of a surprising because unforseen declaration of war to Malivia, the Minister of Defence is allowed to use the troops to defend Malivia without government or the Nationalrats consent. However, he himself has to propose an act like the acts under §1 and 1a without hesitation, and he is not allowed to go into the offensive until such an act has passed. b) In the case of a Minister of Foreign Affairs not delivering a declaration of war that has passed in the Nationalrat, the Kanzler has the duty to do this himself. c) 1. In the case of a Minister of Defence not complying to one or more of the rules in this law, the Nationalrat can remove him from control with an act that requires a 2/3 majority. 2. In the case of a Minister of Defence not clompying to the rules in §§1, 1a, or acting against Malivian Law in a way that he becomes a danger to Malivia, its political freedom or its sovereignty, or a danger to Malivia's civil liberties, the same act as in 1. has to be passed, but command can be taken from him immediately by the Präsident or the Kanzler. Command is then bestowed upon the Präsident, until the act to remove control from the Minister of Defence either failed, or has passed and a new Minister of Defence has been established. §5 Systematic Order This Law is of high importance. This law requires 2/3 of the legislature to vote in favour, and is a part of the Constitution of Malivia. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 23:52:54, September 22, 2010 CET | From | Children of the Wrath | To | Debating the Malivian Law of Warfare |
| Message | What does the opposition think? OOC: We're not going to war or anything, but it is good to have these things cleared. |
| Date | 14:43:34, September 24, 2010 CET | From | Konservative Partei Malivia | To | Debating the Malivian Law of Warfare |
| Message | May i something add: The troops musn't go into universitys and also not in the near of party centrals or the parliament to ensure, that we don't have a coup. And what about the civil rights in this case? I think the state must have the oppotunity to restrict the civil rights in case of an attack without asking the parliament. And after a period of time, the parliament has to be ask. |
| Date | 14:44:34, September 24, 2010 CET | From | Konservative Partei Malivia | To | Debating the Malivian Law of Warfare |
| Message | And why is the minister of defence the commander in chief. In peace time that might be okey, but in times of war the chancellor should be the commander in chief. |
| Date | 18:52:57, September 24, 2010 CET | From | Children of the Wrath | To | Debating the Malivian Law of Warfare |
| Message | I agree with your civil rights idea, but I think that has to be made by other laws (for example the law about curfews). The Minister of Defence is probably the one knowing best what the military is capable of doing, and where the weaknesses lie. Normally, the generals will be the ones responsible for the military actions, and the Minister will serve as their commander. I don't see why the chancellor should be commander in chief, it should be either the Präsident or the Minister of Defence. |
| Date | 18:56:12, September 24, 2010 CET | From | Children of the Wrath | To | Debating the Malivian Law of Warfare |
| Message | I made a §3a now, in order to prevent coups. |
| Date | 15:48:01, September 26, 2010 CET | From | Konservative Partei Malivia | To | Debating the Malivian Law of Warfare |
| Message | Then the President should be the Commander in Chief I think in war times. |
| Date | 20:44:37, September 26, 2010 CET | From | Children of the Wrath | To | Debating the Malivian Law of Warfare |
| Message | The problem I have with that is that the president is elected by the people, and will thus be not always someone who is good in making strategies and giving the right orders. The Minister of Defence on the other hand is picked by a party that has the best interest in picking someone who is competent in warfare. |
| Date | 14:34:23, September 27, 2010 CET | From | Konservative Partei Malivia | To | Debating the Malivian Law of Warfare |
| Message | Well, the president has then the popular mandate though the people to command the military. Maybe a compromise: The presdient is the commander in chief but he let the right to guide the troops the defence minister even in war times. |
| Date | 13:19:07, September 28, 2010 CET | From | Children of the Wrath | To | Debating the Malivian Law of Warfare |
| Message | I've made some changes to §2 to apply this, I think it is a very good regulation. |
| Date | 14:04:27, September 28, 2010 CET | From | Konservative Partei Malivia | To | Debating the Malivian Law of Warfare |
| Message | We can agree. |
| Date | 21:48:27, September 29, 2010 CET | From | Children of the Wrath | To | Debating the Malivian Law of Warfare |
| Message | Great. We will proceed to voting right after the elections. |
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Voting
| Vote | Seats | ||
| yes |
Total Seats: 548 | ||
| no | Total Seats: 0 | ||
| abstain |
Total Seats: 53 |
| Random fact: Periodically, it is a good idea to go through your nation's Treaties and arrange to withdraw from any that are unwanted. |
| Random quote: "To punish the oppressors of humanity is clemency; to forgive them is barbarity." - Maximilien Robespierre |