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Bill: Ddl 03/5159 - (RP) Constitutional Law on the Head of State’s Emergency Prerogatives in Defense of the Institutions and the Democratic Order
Details
Submitted by[?]: Alleanza Nazionale
Status[?]: passed
Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: January 5167
Description[?]:
| Mr President, reaffirming the democratic principles and values of the Istalian state, aware of the need to provide the State with adequate tools to defend its institutions and democratic Order as established with the current Constitution, it established that the Head of State, Emperor of the Istalian, must be invested with Emergency Prerogatives addressed to the Defense of the Institutions and the Democraricn Order as outlined into the Constitution to be exercised in case of extreme conditions that put in danger their veritable survival and when the ordinary institutions and legal tools aimed to this function are unable or unwilling to operate and intervene. They include the Judiciary and thus the Judges and the National and Local Courts, the Head of Government and the Cabinet in their function as Executive Power, the other Officials of the State and other elected Representatives at any level, the other representatives of the State (Prefects who are the representatives of the central government on territorial level and have political responsibility and coordinate the local head of the Law enforcement forces, State Prosecutors, Law enforcement forces and the Military Forces) Given the conditions of extreme urgency and danger outlined in this law, the use of these Emergency Prerogatives by part of the Head of State may derogate from the constitutional provisions relating to the need for countersigning by the Prime Minister or a competent Minister to validate the acts of the Head of State. The Emergency Prerogatives grant to the Head of State the right to refuse to assent which represent an absolute veto on acts and decrees by executive or legislative power. Legislative power can demand a review by part of the Constitutional Court, which has the right to proceed with a review on its own desire, but the vetoed act is in any case considered null and void; the right to sign orders and decrees and to exercise supreme command of the regular Armed Forces without countersignature, except for the Sarrentine and Alarian National Guards for whom the assent and countersignature of the respective Federal Community’s President is needed. The use of these Emergency Prerogatives by part of the Head of State cannot provide the dissolution of the National Legislature, the removal of any member of the Constitutional Court and in general of any judge exercising his functions in the country, the removal of the Presidents of the Federal Communities if they have not committed high traison, crimes against the citizens or acts against the Constitution, the changement of the Constitution or any Constitutional Law, the revocation or suspension of constitutional, political and/or civil rights of the Istalian citizens if not according to the provisions of the Law. The use of these Emergency Prerogatives by part of the Head of State shall be subjected within a reasonable span of time that cannot exceed the three months from the cessation of their use to a judgment of adequacy and legality by the Constitutional Court first and finally by the National Legislature in order to establish whether their adoption was justified by the presence of the necessary conditions and if their use involved illegal actions and not justifiable by the situation of extreme emergency of survival of the Institutions and the Democratic Order as outlined by this law. In case of rejection of the adeguacy of the use of the Emergency Prerogatives by part of the National Legislature, the judicial procedures against the Head of State as outlined by the Constitution will be respected. The Constitutional Court, in this function, and the National Legislature can judge exclusively on the use of the Emergency Prerogatives and cannot establish formal charges against the Head of State. Any formal charge shall be evaluate and decided in another separate procedures as outlined by the Constitution. If the use of the emergency prerogatives should be judged as inadequate, unnecessary and/or illegal and charges should be brought against the Emperor, he shall be suspended from his duties and functions and a Regent of the Empire as designated according to the Constition shall act in place of the Emperor until the conclusion of the indictment procedure. This is a Constitutional Law and to be approved it needs 2/3 of the legislature to vote in favor. (OOC: This is a RP Law that, I think, it is not enforceable and if I’m not mistaken it shall be considered a gentle agreement between the players for Role Play purposes) |
Proposals
Article 1
Proposal[?] to change Appointment of military officers
Old value:: The Ministry of Defense is authorized to appoint military officers.
Current: The Ministry of Defense is authorized to appoint military officers.
Proposed: The head of state is responsible for the appointment of military officers.
Article 2
Proposal[?] to change Policy on the appointment of diplomatic officers
Old value:: The foreign affairs ministry appoints diplomatic officers (ambassadors, consul-generals, etc.)
Current: The foreign affairs ministry appoints diplomatic officers (ambassadors, consul-generals, etc.)
Proposed: The head of state appoints diplomatic officers (ambassadors, consul-generals, etc.)
Debate
These messages have been posted to debate on this bill:
| Date | 21:21:48, August 16, 2022 CET | From | Partito Popolare Osiano | To | Debating the Ddl 03/5159 - (RP) Constitutional Law on the Head of State’s Emergency Prerogatives in Defense of the Institutions and the Democratic Order |
| Message | HD is tendentially in favor of this law but we would like to see: If the use of these emergency prerogative are judged as unadeguate or illegal and some charge should be brought against the emperor the emperor must be replaced in the functions by the Regent until the end of the legal procedures. The emperor cannot decree the suspenction of the political and civil rights of the citizens and can just proceed with security related restrictions. The emperor using this emergency prerogatives cannot give orders to the national guards. The emperor cannot remove the presidents of the federal communities but only if the presidents of the federal communities committed crimes of treason, acted against the constitution and crimes against the rights of citizens. If these things are added we will vote in favor. Dario Barbani |
| Date | 08:15:39, August 17, 2022 CET | From | Alleanza Nazionale | To | Debating the Ddl 03/5159 - (RP) Constitutional Law on the Head of State’s Emergency Prerogatives in Defense of the Institutions and the Democratic Order |
| Message | Mr President, We accepted the proposals by HD and we have added them to the Law. We will proceed to te vote confident that HD will vote in favor. Thank you - Luigi Paterno, AN |
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Voting
| Vote | Seats | ||
| yes |
Total Seats: 450 | ||
| no | Total Seats: 0 | ||
| abstain | Total Seats: 0 |
| Random fact: Particracy allows you to establish an unelected head of state like a monarch or a president-for-life, but doing this is a bit of a process. First elect a candidate with the name "." to the Head of State position. Then change your law on the "Structure of the executive branch" to "The head of state is hereditary and symbolic; the head of government chairs the cabinet" and change the "formal title of the head of state" to how you want the new head of state's title and name to appear (eg. King Percy XVI). |
| Random quote: "How much more grievous are the consequences of anger than the causes of it." - Marcus Aurelius |