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Bill: RP: Chapter III of the Constitution of the Union of Davostan and Kivonia - The State Collegium

Details

Submitted by[?]: Nationell Samling

Status[?]: defeated

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: June 5149

Description[?]:

ARTICLE 1. The State Collegium:
(Section 1). There shall exist for the Union of Davostan and Kivonia a body representing the State of the nation known as the State Collegium;
(Section 2). This body shall be composed of 25 members known as Magistrates, who will hold their position ex-officio;
(Section 3). The State Collegium shall serve as the official and collective head of state of the Union of Davostan and Kivonia;
(Section 4). It shall serve as the collective Commander-in-Chief of the Armed Forces; the State Collegium can give a military official the position as Commander-in-chief of the Armed Forces.

ARTICLE 2. The Powers:
(Section 1). The State Collegium holds the right to; represent the nation, guarantee its independence and see to it that the Constitution is observed; serve as the supreme interpreter of the Constitution; to direct foreign policy, and to represent the Union abroad, in which case the sitting Consul or a delegation of five Senators shall be sent; settle disputes that may arise between the central and federal and provincial and local governments; pass "state-consultation", texts of advice sent to a ministerial magistrate of the Council of Ministers of the Union and Republic; state-consultations do not carry force of law unless they are approved by the National Convention; initiating a state of emergency by passing a "ultimate state consultation".
(Section 2). The State Collegium has the authority to temporarily merge the presidencies of the Legislative Assembly into a single position known as Lawspeaker as described in Chapter IV, Article 4 of this Constitution;
(Section 3). The State Collegium shall have the authority to exercise an Executive Decree (OOC: Unconstitutional RP Actions); the Executive Decree is a directive handed down directly from the State Collegium without interference from the legislative or judicial branches; the Executive Decrees can only be given to federal or state agencies, and not directly to citizens, meaning they cannot be enforced as Laws, but as commands, for example, the State Collegium can issue the reorganization or creation of a department, etc; the Executive Decrees, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms; at any time, the State Collegium may revoke, modify, or make exceptions from any Executive Decree, whether the order was made by the current State Collegium or by a Maximus Exsecutiva.
(Section 4). The State Collegium, with a simple majority from both the Council of the Union and the Senate of the Republic, can remove the Council of Ministers’ legitimacy as the national government and strip them from their governmental authorities (OOC: RP authorities); Should the State Collegium enact this removal, they can move forward by sending a state consultation to the National Convention, suggesting a new government;
(Section 5). The State Collegium has the authority to declare a state of war; before such a declaration can be made, the State Collegium has to take into consideration the views and opinions of the various bodies of the Legislative Assembly.

ARTICLE 3. The Consul:
(Section 1). There shall be a Consul who will chair the State Collegium;
(Section 2). Every Magistrate will serve as the Consul of the State Collegium for one month each, beginning with the most senior ranking Magistrate as described in Chapter IX, Article 7; the Ducatus will come to an agreement at the beginning of their appointment of which order the individual Ducates shall serve as Consuls; the Judges of State will come to an agreement at the beginning of their appointment of which order the individual Judges shall serve as Consuls; the leading Senators will come to an agreement at the beginning of their appointment of which order the individual leading Senators shall serve as Consuls;
(Section 3). The Consul has the role of documenting and keeping the State Collegium sessions in order;
(Section 4). The Consul represents the State Collegium in different matters, from domestic to international meetings.

ARTICLE 4. The Maximus Exsecutiva:
(Section 1). The State Collegium has the authority to suggest, by sending a state-consultation, a magistrate as Maximus Exsecutiva (“Chief Executive''), to the Senate of the Republic which they has to approve with a simple majority;
(Section 2). The Maximus Exsecutiva will have the authority to veto any detailed laws, legislations and motions (OOC: RP laws) presented by the National Convention with a simple majority approval from the Senate of the Republic;
(Section 3). Should the State Collegium suggest a Maximus Exsecutiva, the Collegium will give away its authority to use Executive Decrees to the magistrate;
(Section 4). The Maximus Exsecutiva can only serve nonconsecutive terms of three years; the term length and order however, can be extended, of which both the Council of the Union and the Senate of the Republic will have to approve with a simple majority each;
(Section 5). The Maximus Exsecutiva have the authority to suggest, a state-consultation – to the Senate of the Republic – of a veto and/or overturn of a action or measure taken by the Council of Ministers as the Government of the Union, of which the Senate of the Republic must approve with a simple majority, and after which the Council of the Union must also approve with a simple majority; should one of the two legislative bodies reject the state-consultation made by the Maximus Exsecutiva, the rejection shall be binding for the rest of the Maximus Exsecutiva's term.

ARTICLE 5. The Dictator of the Republic:
(Section 1). Once a state of emergency has been declared, the Senate of the Republic has the authority to suggest a magistrate or military official as Dictator for a period of two years, which the State Collegium has to approve; the State Collegium could also ask either the National Convention and/or Council of the Union to vote on the matter both of whom needs to give a simple majority approval;
(Section 2). The Dictator shall be entrusted with the full authority of the state to deal with a national emergency; all other magistrates, military, state and civil officials are subordinate to his/her authority;
(Section 3). The Senate of the Republic has the authority to propose to extend the Dictator's term to a maximum of five years of which the Council of the Union and the State Collegium has to approve with a simple majority each; however, the Senate of the Republic do also have – after consultation with and approval of the Constitutional Council and the Supreme Court – the authority to propose to extend the Dictator's term above the maximum sentence, of which the National Convention has to approve with a two-thirds majority, the Council of the Union with a simple majority and the State Collegium with a simple majority as well;
(Section 4). The Dictator shall have the authority to veto all detailed laws, legislations and/or motions (OOC: RP laws) proposed by the National Convention, the Council of the Union and the Senate of the Republic;
(Section 5). The Dictator shall have the authority to propose and implement detailed laws, legislations and/or motions (OOC: RP laws) as well as Executive Decrees (OOC: Unconstitutional RP Actions) without any approval from the Legislative Assembly;
(Section 6). All of the detailed laws, legislations and/or motions as well as Executive Decrees implemented by the Dictator shall fall under the category of "Emergency Decrees" of which shall no longer be active at the end of a Dictator's term;
(Section 7). One year before the end of a Dictator's term, the Senate of the Republic shall appoint a Legislative Committee – five Deputies of the National Convention, five Councillors of the Council of the Union, five Senators of the Senate of the Republic and six Magistrates of the State Collegium – to review the "Emergency Decrees" enacted by the Dictator during his/her term; the Legislative Committee shall decide which "Emergency Decrees" shall remain in effect; the chosen "Emergency Decrees" to be kept after the dictatorship shall be voted on by the Legislative Assembly, they will need in the described order: a simple majority from the Senate of the Republic, a simple majority from the Council of the Union and a simple majority from the National Convention; all other "Emergency Decrees" will fall out of effect at the end of the Dictator's term;
(Section 8). The Dictator have the authority to remove and appoint incumbent Delegates, Legates and Ducates, as well as provincial Governors at his/her convenience;
(Section 9). The Dictator have the authority to veto and overturn all actions and measures taken by the Council of Ministers as the Government of the Union.

OOC: This is an RP Constitutional Law. To be approved it needs 2/3 of both houses' votes in favor. It can be abolished only by a simple but absolute majority.

Proposals

Debate

These messages have been posted to debate on this bill:

Date19:33:56, July 11, 2022 CET
From Moderation
ToDebating the RP: Chapter III of the Constitution of the Union of Davostan and Kivonia - The State Collegium
MessageOOC: Archiving.

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Voting

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