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Bill: Reform of the Prerogative

Details

Submitted by[?]: National Conservative 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: February 4562

Description[?]:

We propose to replace the current prerogative with the following:

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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.
d) A seat SHOULD go to the party which plans to make use of it rather than a party which only plans to accumulate as many positions as possible.

2) In forming the Cabinet, All Principles of Separation of Powers SHOULD 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 SHOULD 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.

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The Amendments made are as follows:

Changed
"2) In forming the Cabinet, All Principles of Separation of Powers MUST be observed. Those Principles are listed here"
to
"2) In forming the Cabinet, All Principles of Separation of Powers SHOULD be observed. Those Principles are listed here"

Changed
"2b) 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."
to
"2b) The Party of the President SHOULD 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."

Added
"1d) A seat SHOULD go to the party which plans to make use of it rather than a party which only plans to accumulate as many positions as possible."

----------------------------------------------------------------------------------

Requires at least 2/3 of the vote in the National Assembly to pass

Proposals

Debate

These messages have been posted to debate on this bill:

Date16:22:53, April 15, 2019 CET
FromNational Conservative Party
ToDebating the Reform of the Prerogative
MessageWe will leave the bill up for debate and suggestions.

Date19:15:22, April 15, 2019 CET
FromLiberal Democratic Party (LDP)
ToDebating the Reform of the Prerogative
Message1d SHOULD be removed,We do not think it makes sense that a rule should exist that is based on Assumptions. No one can guarantee if a party will or will not make use of the ministry gained before the government is formed.

Date21:16:37, April 15, 2019 CET
FromNational Conservative Party
ToDebating the Reform of the Prerogative
MessageThe ministry would go to a party which openly claims to have plans to make use of it, not assumptions about that the proponent personally believes which party would make use of which ministry

Date00:52:51, April 16, 2019 CET
FromUnited Kalistani Worker’s Front
ToDebating the Reform of the Prerogative
MessageThe UKWF will vote for it as-is.

Date18:26:23, April 16, 2019 CET
FromCentrist Party
ToDebating the Reform of the Prerogative
MessageI also have a concern with 1d so I'll have to vote no

Date02:01:53, April 17, 2019 CET
FromNational Conservative Party
ToDebating the Reform of the Prerogative
MessageLet me emphasize the SHOULD in 1d. It doesn't require that seats be given to those who will use them, it simply suggests.

Of course the LDP will simply oppose after offering no further counterarguments, their whole system of cabinet creation is based off of seat hoarding rather than productivity.

Date13:46:52, April 17, 2019 CET
FromLiberal Democratic Party (LDP)
ToDebating the Reform of the Prerogative
MessageWe gave our arguments. A constitution has to have decisive and clearly interpretable amendments not something as vague as:”A party that plans to make use of it instead of party which plans to accumulate seats”. This ammendment could pave way for partisan decision and excuses to not give seats to those who deserve them. So we will vote NO. We also apllaud the Centrist Party for their decision on this issue.

Date16:23:46, April 17, 2019 CET
FromNational Conservative Party
ToDebating the Reform of the Prerogative
MessageYeah, "deserve." The party which simply wishes to accumulate and hoard seats has the "right" to take those seats, not the ones who actually plant to use them. Fine. Two can play at that game.

We'll propose a new reform with 1d removed, just don't complain when fire is met with fire.

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Voting

Vote Seats
yes
  

Total Seats: 145

no
  

Total Seats: 130

abstain
    

Total Seats: 0


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