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Bill: Law on the Head of the Council (President of the Senate) and Leader of the Opposition (RP Law)

Details

Submitted by[?]: Earrach Geal

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 4705

Description[?]:

Senators,

This bill formally enters into law the powers and responsibilities of the Ceann Comhairle (Head of the Council) and the Ceannaire an Fhreasúra (Leader of the Opposition). It is based on the presidential system of government in place in Kirlawa.

Please note, should the governmental system be changed, the author of this bill encourages a review of the articles set out in this law, particularly regarding the selection process of the positions.

Articles

I) The Head of the Council is comparable to the position of Speaker in other democracies established around Terra.

II) Appointment of The Head of the Council normally follows a general election result. The holder of the role is selected by the largest party in the senate (i.e the party with the relative majority or plurality). Coalition does not enter into account for this role.

III) The Head of the Council should serve as the presiding officer of the Senate and have primarily ceremonial powers, including the power to represent the institution of the Senate and to embody its auctoritas (moral authority and prestige), distinct from the potestas (power) exercised by the People.

III (a) In case of the death, incapacitation or resignation of the Taoiseach, the Head of the Council is the first in line of succession and shall becoming Acting Taoiseach of the Republic until a new election can be held.

IV) The Head of the Council has the power to moderate debate, determine the time allocated for each Senator wishing to speak on the floor, and discipline Senators who violate parliamentary procedure.

V) The Head of the Council has the power to ensure only those that have the constitutional 'right of initiative' [see V (a) and V (b)] are able to propose bills and initiate a floor vote in the Senate.

V (a) Those defined as having the right of initiative are elected senators, who have the constitutional power to propose a new law and to vote on the floor; and Gobharnóir (regional Governors) who have the constitutional right to propose legislation but may not vote on the floor. In addition, external organisations, groups or individuals may propose "citizens initiatives", provided they gather at least 100,000 signatures (OOC: this will allow new parties without seats to introduce laws).

V (b) In line with Article IX of the Lex de Taoiseach (http://classic.particracy.net/viewbill.php?billid=616865) pertaining to the separation of powers, no member of the executive may vote normal or constitutional legislation in the Senate; however, members of the executive do have the explicit right of initiative to propose budget, taxation and spending bills, as well as laws and treaty ratifications, and to request approval for military and infrastructure purchases as well as to seek authorisations for the use of force in conflict.

Article V (c) In order to help ensure the integrity of the position and demonstrate its impartiality, the Head of the Council may not propose legislation in the Senate, unless administrative and non-partisan.

VI) The role of Ceannaire an Fhreasúra is a Senatorial position without the ceremonial authority or powers of the Head of the Council. The holder of the role is nominated by the largest party in the Senate that is neither part of the government coalition nor in loose alliance with the government (i.e has a confidence and supply arrangement with the government but does not hold a cabinet position).

VIa) Although the role is informal, the Ceannaire an Fhreasúra plays an important part in scrutinising and holding to account the government of the day.

VIb) The Ceannaire an Fhreasúra also has the important task of nominating one of the justices of the Supreme Court as per the law on the Supreme Court (http://classic.particracy.net/viewbill.php?billid=616858).

VIc) From time to time, the same party may be in the position to nominate both the Head of the Council and the http://classic.particracy.net/viewbill.php?billid=616858. On these occasions, and in order to avoid duplication, the constitution requires that the office of Head of the Council and the position of Ceannaire an Fhreasúra can never be held by the same person. This formal division ensure the Head of the Council can carry out their sacred duties with being encumbered by an opposition role.

VII) Should either the Head of the Council or Ceannaire an Fhreasúra step down, or become unable to continue to carry out their duties, the eligible party (see Article II and VI) may select a new candidate to take up the position either temporarily or permanently.

Maia McEvoy,
President of Kirlawa

OOC: This is a constitutional RP Law, as governed by Section 6.e. of the Game Rules (http://forum.particracy.net/viewtopic.php?f=5&t=8088) and requires 2/3rds of the legislature to vote yes in order to pass. This bill establishes how the Head of the Council and Ceannaire an Fhreasúra are appointed and sets out their roles, responsibilities, powers and limitations within the senate under the current presidential system of government. It also establishes who has the right of initiative to propose bills and vote on the floor of the senate.

Proposals

Debate

These messages have been posted to debate on this bill:

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Voting

Vote Seats
yes
 

Total Seats: 749

no

    Total Seats: 0

    abstain

      Total Seats: 0


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