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Bill: Lex Galeria de Tribunatu (RP Law)

Details

Submitted by[?]: Factio Republicana Socialistica

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: January 4799

Description[?]:

Galerian Law on the Tribunate

One of the greatest achievements of our forefathers is the implementation of a system of checks and balances that ensured that no branch of government could overpower another, guarding the Republic from tyranny and corruption. In ancient times, the strongest mechanism ensuring that the powerful would not abuse their power was the institution of the Tribunes of the Plebs, who had the power to defend the common people and to single-handedly bring the entire machinery of the state to a halt.

In modern times the actions of the executive were scrutinized by the Supreme Court, a powerful body who could judge the actions of the magistrates unconstitutional. However, in spite of the judicial nature of the body, its decisions were more often than not taken on a political basis.

Recognizing the need to keep the magistrates and the Senate in check, the Republic hereby establishes the People's Tribunate (Tribunatus Populi), formed of 7 members. With the passing of this law the following articles are implemented:

Article I. The Velian Law on the Supreme Court (http://classic.particracy.net/viewbill.php?billid=577354) is repealed.

Article II. The People's Tribunate is formed, consisting of seven Tribunes and chaired by the Tribune of the People or People's Tribune (Tribunus/Tribuna Populi). The People's Tribunate shall be elected by the People's Assembly as outlined below, and shall have the power of holding the executive magistrates of the Republic to account. The Tribunes will enjoy some of the powers and privileges of the magistrates, but are not to be considered magistrates themselves. Recognizing that all power and sovereignty belongs to the People, the People's Tribunate may not overturn legislation proposed by the People's Assembly, but may issue a declaration of incompatibility.

Article III. The appointment of the People's Tribune follows the same procedure as outlined for the Princeps Senatus under the previous constitutional settlement (http://classic.particracy.net/viewbill.php?billid=585562). Appointment of the People's Tribune normally follows a general election result. The holder of the role is selected by the largest party in the People's Assembly (i.e the party with the relative majority or plurality).

Article IV. (a) The Tribune of the Opposition shall have the same role as the Dux Oppositionis under the previous constitutional system and shall be elected by the same procedure. The Tribune of the Opposition shall be nominated by the largest party in the People's Assembly 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). In addition to the powers belonging to the Tribunate as outlined in this bill, the Tribune of the opposition plays an important part in scrutinising and holding to account the government of the day.

Article IV. (b) From time to time, the same party may be in the position to nominate both the Tribune of the People and the Tribune of the Opposition. On these occasions, and in order to avoid duplication, the constitution requires that the office of Tribune of the People and the Tribune of the Opposition can never be held by the same person. In these situations the party will nominate both Tribunes.

Article V. The largest delegation returned by each Province to the People's Assembly (i.e. the largest party in each province) shall each name a Tribune.

Article VI. The Tribunate shall serve for a renewable five-year term.

Article VII. The powers of the Tribunate include:

(a) convoking the People's Assembly and the Senate and presiding over their meetings;

(b) proposing legislation to the People's Assembly;

(c) the right to veto any action by the Senate, the magistrates, the provincial or municipal assemblies, and acts of regional executives;

(d) if the People's Tribunate finds that legislation passed by the People's Assembly is incompatible with the Constitution or international treaties it may issue a declaration of incompatibility. When the People's Tribunate issues a declaration of incompatibility regarding primary legislation, the People's Assembly will be required to either amend it in light of the Tribunate's declaration or reaffirm it and reject the Tribunate's reasoning;

(e) the right to protect any Selucian citizen from the arbitrary exercise of state power. Any Selucian citizen may appeal the actions of a magistrate, in which case the Tribunate is required to determine the legality of the magistrate's actions.

Article VIII. The People's Tribunate shall take its decisions by majority vote.

Article IX. Any Tribune can be removed by a majority of 2/3 of the votes in the People's Assembly, and requires the approval of the People's Tribune. If the one to be removed is the People's Tribune, the affirmative vote of at least two other Tribunes is required.

Aricle X. All Selucian citizens have the right to appeal to the People's Tribunate.

DUX Rosa Galeria
Duodecimvir

OOC: This is a constitutional RP Law, as governed by Section 6 article 5 of the Game Rules (http://forum.particracy.net/viewtopic.php?f=5&t=8088). This bill establishes the "People's Tribunate" as an institution with a role similar to that of a Constitutional Court. In order to RP a session of the People's Tribunate any party with or without seats will be allowed to open a thread in the debate section of the nation initiating a session of the Tribunate dedicated to a specific case, and the players in Selucia are required to determine the composition of the Tribunate according to the criteria in this law.

The Tribunate is meant to replicate the powers of the ancient Tribune of the Plebs and so it has the power to defend individual citizens from abuse by the executive.

Proposals

Debate

These messages have been posted to debate on this bill:

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Voting

Vote Seats
yes
  

Total Seats: 750

no

    Total Seats: 0

    abstain

      Total Seats: 0


      Random fact: Don't put "the" as the first word in your party name, because when parties are referred to in news reports, their names are preceded with "the", e.g. the [Socialist Party] has lost.

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