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Bill: RP Rule: Reform of the Prerogative

Details

Submitted by[?]: Socialist Party of Kalistan (SPoK)

Status[?]: passed

Votes: This bill asks for an amendement to the Constitution. It will require two-thirds of the legislature to vote in favor. This bill will not pass any sooner than the deadline.

Voting deadline: January 4523

Description[?]:

This Bill will follow from the outcome of the Constitutional Court Case Van Wyck vs. Kennedy (http://classic.particracy.net/viewbill.php?billid=592569) with regard to the Prerogative.

It will be left open for debate until we have something close to, or an actual, agreement from all Players on the topic.

I will amend the Description to reflect the discussions:

The current Prerogative is found here:

http://classic.particracy.net/viewbill.php?billid=590793

It States:

This legislation shall restore the practice of only the Presidential Party being able to form a Government.

The reformed Prerogative is established as follows:

1) The Presidential Party shall be granted the power to name the Government.

2) In forming a cabinet, the Presidential Party should not be the same as the Premier’s Party.

3) The Parties forming the Government must constitute a majority of the National Assembly.

4) The Presidential Party must control the seat of Foreign Affairs.

5) The cabinet should be as evenly divided as possible amongst the Parties forming the Government.

If this legislation passes, then it shall replace the current Prerogative, which will then be moved to the ”Historical Reference” section.

We would like to Amend this Bill as follows:

1) Any Party that possesses seats in the National Assembly may present a New Cabinet Bill in Kalistan according to procedures set below.
a) The Right of First Refusal will be given to the Presidential Party to create a new Government.
b) If a new government is not proposed by the Presidential Party within 6 months of the conclusion of the election, which conforms to the Principles below, the Largest non-Presidential Party may attempt to form a new Government. Should said Party fail,the second largest non-Presidential Party may attempt to form a government. This continues in a descending fashion until either a government is formed,or every party has attempted to form a government. If no Party is able to form a government during this process, any Party may propose a Government.
c) The sitting government shall remain in place and with full powers until a new government bill receives a majority affirmative vote.

2) In forming the Cabinet, All Principles of Separation of Powers must be observed. Those Principles are listed here:
a) The Party of the Head of Government MUST NOT be the same as the Party of the Head of State.
b) The Party of the President MUST hold the seat of Foreign Affairs, whatever other arrangements may be made. This is to ensure continuity in foreign policy and to Give the President a role in Government, even if they are not part of the Coalition.
c) The Largest Non-Presidential Party in the Governing Bloc SHOULD be named Premier.
d) The cabinet seat assignments SHOULD reflect the Assembly strength of the Governing coalition, but this is not absolutely required.
e) The Cabinet should reflect a MAJORITY of the Assembly.

3) At any time, any of these Parties may wave these PRIVILEGES listed in the Prerogative.

4) Bills of No Confidence: A Bill of No Confidence may NOT be attached to an Early Election bill. In the case of a Bill of No Confidence, the Assembly is saying that it does not have confidence in the ability of a Government to continue to govern. They must NOT touch the office of the Presidency.
a) In the instance of a Party wishing to call a No Confidence Vote, the sponsors of the No Confidence Vote simply propose a new Government bill, which follows the above rules, with exception to 1a and 2b and c.
b) Parties without seats may not propose bills of No Confidence.
c) A new government bill may also be proposed in the event that three or more Ministries are without Ministers due to resignation according to the rules in this section.

5) Presidential Impeachment- All Impeachment hearings for cause will take place in the National Constitutional Court.
a) If a President is tried for some high crime or Misdemeanor, and if found guilty of the crime, they may be removed from office.
b) In the event of a conviction, the Plaintiff will sponsor an early election in which the Removed President is forbidden from running. The Party to which the convicted and removed President belonged may run another candidate.
c) If the Presidential Party puts the disgraced public official up, all other Parties are obligated to not endorse that Party.

6) Early Elections- Early Election bills may normally only happen when more than 10 percent of the Assembly's seats are vacant due to inactivation or some other reason. They may also occur if there is only one active Party in Kalistan. If an early election bill is proposed for any other reason, Parties SHOULD oppose the bill to keep Kalistan's elections on a regular schedule.

Enactment: This bill will go into effect when 2/3rds of all Deputies in the Assembly approve (due to the changes of the Constitutional Powers of the President), and will remain in effect until half the Seats in the Assembly pass a bill specifically vote to repeal this bill. This RP Law will be enforceable by Moderation.

Proposals

Debate

These messages have been posted to debate on this bill:

Date02:13:48, January 27, 2019 CET
FromLiberal Democratic Party (LDP)
ToDebating the RP Rule: Reform of the Prerogative
MessageWe propose the following:
Should the Presidential Party,fail to form a government within 5 months (we believe 6 is too much) then the right should be in the hands of the Largest party in parliament,should they fail the Second Largest should have the right and then the third etc. There should be a specific order otherwise it would lead to chaos and every party proposing their own governments willy nilly

Date02:19:57, January 27, 2019 CET
FromLiberal Democratic Party (LDP)
ToDebating the RP Rule: Reform of the Prerogative
MessageShould the Largest or Second Largest or Third etc. Be the President’s party they will be skipped until everysingle other party has had their chance (given that government isnt formed)

Date02:21:20, January 27, 2019 CET
FromLiberal Democratic Party (LDP)
ToDebating the RP Rule: Reform of the Prerogative
MessageAlso as the Presidential Party has 5 months the other’s in line should have 3 or 4 months,so the process can be speeded up.

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Voting

Vote Seats
yes
     

Total Seats: 236

no

    Total Seats: 0

    abstain
       

    Total Seats: 39


    Random fact: When it comes to creating a Cultural Protocol in a Culturally Open nation, players are not necessarily required to provide a plausible backstory for how the nation's cultural background developed. However, the provision of a plausible backstory may be a factor in whether Moderation approves the Cultural Protocol if players in surrounding nations question its appropriateness for their region of the game map.

    Random quote: "Conservative, n: A statesman who is enamored of existing evils, as distinguished from the Liberal who wishes to replace them with others." - Ambrose Bierce

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