NATION

PASSWORD

NSG Senate Coffee Shop: We don't serve decaf

A resting-place for threads that might have otherwise been lost.

Advertisement

Remove ads

User avatar
The Nihilistic view
Postmaster-General
 
Posts: 11424
Founded: May 14, 2013
Ex-Nation

Postby The Nihilistic view » Tue Dec 16, 2014 10:47 pm

Geilinor wrote:
The Nihilistic view wrote:
Pretty much is.

We have;

Department for Communities and Local Government <Where UK social services come under
Department for Work and Pensions < Where UK welfare payments and other such things are handled.


EDIT: The two together is first off an absolute monstrosity. Secondly Welfare payments are the same across the board where as when it comes to social services local areas have differing needs from each other so one big central body administrating it would be a disaster. Therefore you have it devolved to a local level.

The UK doesn't do it centrally, but there are some countries, such as Australia, which have a monster department.


What? No they don't Australia has a Department of Social Services as well. http://en.wikipedia.org/wiki/Department ... stralia%29
Slava Ukraini

User avatar
Divitaen
Senator
 
Posts: 4619
Founded: Jan 30, 2012
Ex-Nation

Postby Divitaen » Wed Dec 17, 2014 2:21 am

(Tag)
Hillary Clinton 2016! Stronger Together!
EU Referendum: Vote Leave = Project Hate #VoteRemain!
Economic Right/Left: -8.13
Social Libertarian/Authoritarian: -8.15
Foreign Policy Non-interventionist/Neo-conservative: -10.00
Cultural Liberal/Conservative: -10.00
Social Democrat:
Cosmopolitan/Nationalistic - 38%
Secular/Fundamentalist - 50%
Visionary/Reactionary - 56%
Anarchistic/Authoritarian - 24%
Communistic/Capitalistic - 58%
Pacifist/Militarist - 39%
Ecological/Anthropocentric - 55%

User avatar
Heraklea-
Diplomat
 
Posts: 948
Founded: Jun 29, 2013
Ex-Nation

Postby Heraklea- » Wed Dec 17, 2014 12:36 pm

Britanno wrote:Everyone ok with this as a composition for the cabinet?

President
Vice President
Prime Minister
Deputy Prime Minister
Finance Minister
Foreign Minister
Domestic Minister
Health Minister
Education Minister
Defence Minister
Justice Minister
Welfare Minister
Business Minister
Culture Minister
Transport Minister
Energy & Environment Minister

I think the scope of the ministries needs to be better flushed out for us to make determination. Where, for example, does work place protections (e.g. occupational safety, minimum wage enforcement) fit in? I could see it argued as part of the portfolio for Welfare or Business/Commerce.

User avatar
The Nihilistic view
Postmaster-General
 
Posts: 11424
Founded: May 14, 2013
Ex-Nation

Postby The Nihilistic view » Wed Dec 17, 2014 12:38 pm

Heraklea- wrote:
Britanno wrote:Everyone ok with this as a composition for the cabinet?

President
Vice President
Prime Minister
Deputy Prime Minister
Finance Minister
Foreign Minister
Domestic Minister
Health Minister
Education Minister
Defence Minister
Justice Minister
Welfare Minister
Business Minister
Culture Minister
Transport Minister
Energy & Environment Minister

I think the scope of the ministries needs to be better flushed out for us to make determination. Where, for example, does work place protections (e.g. occupational safety, minimum wage enforcement) fit in? I could see it argued as part of the portfolio for Welfare or Business/Commerce.


Enforcement of laws is for the police and then the prosecution service........
Slava Ukraini

User avatar
Heraklea-
Diplomat
 
Posts: 948
Founded: Jun 29, 2013
Ex-Nation

Postby Heraklea- » Wed Dec 17, 2014 4:40 pm

The Nihilistic view wrote:Enforcement of laws is for the police and then the prosecution service........

While the though of arresting someone for paying less than minimum wage does give me a warm-fuzzy, those sorts of crime is typically handled with fines levied by an agency or ministry/department for whom labor violations fall under their purview and a civil suit for owed pay. Further, workplace safety is not exactly one of those things that your average beat cop is going to know the ins and outs of (e.g. the minimum required air flow for ventilation in a mine and how to measure it). That requires specialist investigators. I think a Labor Minister with those sorts of enforcement responsibilities and agencies under his/her purview is called for, including a department for labor dispute arbitration.

User avatar
Heraklea-
Diplomat
 
Posts: 948
Founded: Jun 29, 2013
Ex-Nation

Postby Heraklea- » Thu Dec 18, 2014 7:14 pm

I remember getting frustrated in Aurentina with how hard it was to find what the current relevant laws were. At times you literally had to dig through three different acts to figure out what they were since as often as not new legislation was just amending text of a different bill. To help combat the confusion that can arise I offer this:



Senate Library Establishment and Codification of Law Act
| Author: Heraklea- |
| Sponsors: |

An Act to codify all permanent laws enacted in Placeholderstan to ensure their easy reference and establish a Senatorial Library to maintain the codification, maintain an index of all active temporary laws, maintain a record of all legislation enacted, maintain a record of all legal decisions and court opinions, maintain a record of all votes in the Senate and maintain any other records deemed appropriate or pertinent.



Preamble
WHEREAS the easy reference of legal codes and active laws is necessary for a just legal system,

WHEREAS records of all legislation enacted and court opinions are necessary to establish the laws and the legal precedents in effect,

THE SENATE OF PLACEHOLDERSTAN RESOLVES to enact the following.



§1 – Definitions
(1) Permanent Law – A law enacted by legislation of the Senate which remains in effect until it is repealed by new legislation or is overturned by a Court Opinion.
(2) Temporary Law – A law enacted by legislation of the Senate which remains in effect until it expires, is repealed by new legislation or is overturned by a Court Opinion
(3) Active Law – A law which is currently in effect.
(4) Inactive Law – A law which is not currently in effect.
(5) Court Opinion – A detailed justification for the ruling of a court or dissension from the same written and signed by the judges of that court.



§2 – Biblioteca del Senado de Placeholderstan
(1) The Biblioteca del Senado de Placeholderstan (BSP) is hereby ordained as the official record of the Senate of Placeholderstan.
a) The BSP shall be administered and maintained by the Bibliotecario de Senado (BdS).
b) The BdS shall be an officer of the Senate
c) OOC: The BdS shall be appointed by the Head Admin.
(2) The BSP shall maintain
a) The Código de Leyes de la Republica de Placeholderstan.
i) When Permanent Laws have been affected by Temporary Laws or Court Opinions, the BdS may attach a note to the relevant entries in the Código de Leyes de la Republica de Placeholderstan.
b) A record of all Active Temporary Laws.
i) When Temporary Laws becomes Inactive due to expiration or repealment, the BdS need no longer maintain record of it and may expunge it from the records.
c) A record of all Court Opinions and decisions.
d) A record of all legislation enacted.
e) A record of all votes in the Senate.
f) Any other record the BdS (OOC: or Head Admin) deems appropriate or pertinent for the BSP to maintain.



§3 - Código de Leyes de la Republica de Placeholderstan
(1) The Código de Leyes de la Republica de Placeholderstan (CLRP) is hereby ordained as the main body of laws in the Republica de Placeholderstan.
(2) All Permanent Laws shall be codified in the CLRP.
(3) The CLRP shall be divided and subdivided into relevant groupings of law for easier reference.
a) The levels of divisions and subdivisions shall be labeled, by seniority:
i) Title
ii) Subtitle
iii) Part
iv) Subpart
v) Chaprter
vi) Subchapter
vii) Section
viii) Subsection
ix) Paragraph
x) Subparagraph
xi) Clause
xii) Subclause
xiii) Item
xiv) Subitem
b) One or more levels may be skipped (e.g. Chapter to Section) but may not be swapped (e.g. Section to Part). The Title level may not be skipped.
c)The original revision of the CLRP shall be established in separate legislation of the Senate.



Obviously, terms like Republica and Placeholderstan are just placeholders until we make a final decision on our country's name and basic form of government. I used Spanish terms in places since we've already decided to have Spanish as our main language. That said, it's not even a second tongue for me so if anyone who can actually speak the language wants to correct me on some of my language I would welcome it.

User avatar
The Nihilistic view
Postmaster-General
 
Posts: 11424
Founded: May 14, 2013
Ex-Nation

Postby The Nihilistic view » Thu Dec 18, 2014 7:21 pm

That makes no sense. It's a complicated way of making the situation even more confusing.
Slava Ukraini

User avatar
Heraklea-
Diplomat
 
Posts: 948
Founded: Jun 29, 2013
Ex-Nation

Postby Heraklea- » Thu Dec 18, 2014 7:35 pm

Not to my way of thinking. Forcing our permanent law structure into a codified body of text actively maintained by an officer of the senate ensures its easier to find what the current law is. Legislation establishing permanent laws will either amend established text or will have it appended to what is already there. Once it has been enacted, the BdS updates the CLRP. It makes determining the current laws a lot easier than the simple "here's a record of everything we passed" way it was done back when.

User avatar
Lykens
Diplomat
 
Posts: 958
Founded: Apr 13, 2013
Ex-Nation

Postby Lykens » Fri Dec 19, 2014 6:41 pm

I think there should still be a record of temporary laws after they are expired/repealed, with a note attached.

Once that's fixed, I'll sponsor it.
Looking for a decent RP region to join? Try Greater Olympus.

Good people, Active RPs, Great Maps.

Greater Olympus is always looking for more dastardly democracies, maniacal monarchies, contemptible commies, and glorious failed states of all sizes to join our group!

User avatar
Heraklea-
Diplomat
 
Posts: 948
Founded: Jun 29, 2013
Ex-Nation

Postby Heraklea- » Fri Dec 19, 2014 10:11 pm

That's fair. I'll amend the text appropriately. Anyone else have any suggestions? Particularly for clearing up anything that may be too vague as it stands now?

User avatar
Great Nepal
Postmaster of the Fleet
 
Posts: 28677
Founded: Jan 11, 2010
Ex-Nation

Postby Great Nepal » Mon Dec 22, 2014 10:11 am

Government Establishment Act
|Author: Great Nepal|
|Sponsors: |

An act establishing the structure of the government; to make provisions regarding holders of governmental offices; to make provisions regarding rights and responsibilities of such offices.


Chapter I - On the Executive

Part I - Offices of president and vice president

§1 - The president
a. Office of the president shall be held by the president, who shall serve as a head of state and shall have all the rights and responsibilities granted explicitly by legal instruments of placeholderstan or as customary for a democratic head of state where such customs do not contradict any explicit laws in intent or letter.
b. The president shall be elected through national elections held on basis of relative majority, where each citizen shall have one and only one vote. Further details regarding the elections shall be as determined by further legislations or other legal instruments.
c. The president shall hold the office of president for duration of six years unless it is otherwise rendered vacant, in which case vice president shall serve as acting president for remainder of the term. Where vice president is unable, refuses to or is otherwise disqualified from taking up office of the presidency, the legislature shall appoint qualifying individual with high moral standing to serve as acting president and make arrangements for presidential elections forthwith.
d. Acting president shall unless otherwise noted shall have same powers, qualifications and responsibilities as that carried by the president for such time that they are holding office of president.
e. No person who fulfils following criteria shall be prevented from standing or holding office of the president:
i. Between the ages of 18 and 65,
ii. Born in territory under the jurisdiction of placeholderstan,
iii. Citizen of placeholderstan as determined by appropriate law or other legal instruments,
iv. Not a current citizen of any jurisdiction other than placeholderstan, and
v. Not convicted of any crimes by any court carrying custodial sentence greater than two years or otherwise forbidden from holding public office through due process
f. Prior to inauguration into the office, the president (or acting president) shall take following affirmation - "I,<full name>, do solemnly affirm before the people of placeholderstan that I will faithfully and with good faith fulfil my duties as President (or Acting President) of the placeholderstan, and to best of my ability preserve and defend its values, execute its laws, do justice to every man, and consecrate myself to the service of placeholderstan."

§2 - Powers held by the president
a. The president shall appoint a member of legislature who commands majority in the legislature into office of the prime minister.
    For this purposes, the president may call upon the legislature to hold a vote and it shall be the duty of the presiding officer of legislature to hold such vote forthwith. Where such majority is prima facie clear, president shall at their discretion forgo the vote by legislature.
b. The president shall upon advice of the prime minister, appoint the council of ministers.
c. The president shall upon advice of the foreign minister (or equivalent) appoint all ambassadors and any other representatives to international organizations or nations.
d. The president shall upon advice of the finance minister (or equivalent) provide assent to any bills solely concerned with taxation or spending, and no such bills shall be introduced to the legislature without gaining such assent.
e. All diplomatic agreements and treaties shall be negotiated and agreed upon in behalf of the president, however such shall be subject to approval of the legislature prior to enactment as law.
f. The president shall serve as commander-in-chief of the national armed forces and shall in that capacity have right to make peace and war, subject to approval of the legislature and the council of ministers.
e. The president shall have unfettered right to grant pardon to any individual convicted of any crime with sole exception of impeachment proceedings. Such decision to grant pardon shall not be subject to question or reversal by any judicial or quasi-judicial body except during impeachment proceedings - ho.
f. The president shall summon and dissolve the legislature upon advice of the prime minister.
g. No bill passed by the legislature shall be an act without assent of the president, however it shall be assumed that president has given assent if they do not refuse assent within 30 working days of bill being passed by the legislature.
    i. Where president refuses to provide assent, unless such refusal was based upon unconstitutionality of the bill, bill shall be returned to the legislature. It shall be discretion of presiding officer regarding how such returned bill shall be handled, and if the legislature passes such bill again, president shall have automatically given their assent.
    On case where refusal is based upon concerns of unconstitutionality, the bill shall be referred to supreme court for decision on its constitutionality, and should the supreme court hold such bill is constitutional, president shall be required to give assent.
    ii. Any refusal to grant assent for partisan reasons shall be grounds for impeachment proceedings.
h. Where the legislature is unable to act for any reason, president may take extraordinary step to issue decrees upon advice of the council of ministers. Such decrees shall have same effect as legislation passed by the legislature and given presidential assent however shall expire within six weeks unless otherwise noted by the legislature or should president withdraw the decree prior to six weeks.
i. The president shall declare states of emergencies as advised by the council of ministers and as provided for by appropriate legislation or legal instruments.

§3 - The vice president
a. Office of the vice president shall be held by the vice president, and will be appointed to such capacity by the president.
b. Vice president shall serve as the president of the legislature, however shall not have a vote except when votes are evenly split.
c. Vice president shall have same qualifications as that required from the president
f. Prior to inauguration into the office, the vice president shall take following affirmation before the president - "I,<full name>, do solemnly affirm before the people of placeholderstan that I will faithfully and with good faith fulfil my duties as vice president of the placeholderstan, and to best of my ability preserve and defend its values, execute its laws, do justice to every man, and consecrate myself to the service of placeholderstan."

§4 - Removal of the president or vice president
a. The president (vice president) shall be required to provide written resignation to the vice president (president) where any of the following conditions are met and failure to provide such resignation shall be grounds for impeachment.
    i. The sitting president or vice president no longer qualifies to hold their office of president as provided this part.
    ii. The sitting president or vice president is no longer able to discharge the duties of the office due to medical or physical condition
    iii. The sitting president does not receive relative majority as required in presidential elections.
b. The office of president or vice president may also be vacant should the they resign voluntarily prior to end of their term or die.
c. Where president is impeached on any legitimate grounds, the office of president shall immediately be rendered vacant and presidential elections must be held forthwith.
d. Where president or vice president is formally charged by law enforcement for any crimes carrying custodial sentence, they shall take hiatus with pay until such time they are formally acquitted or convicted.
e. Except where vacancy in office of president occurs through impeachment or where there exists vacancy in office of vice president for any reason, the vacancy shall be fulfilled as provided in relevant part.

§5 - Impeachment procedure
a. The legislature shall have exclusive right to bring forth impeachment procedures against the president and vice president for maladministration, criminal conduct or conduct unbecoming of their position, by petition supported by one quarter of total members of legislature.
b. The legislature shall then by two thirds majority of sitting members and with assent of judicial inquest composed of three sitting justices of supreme court, vote on the petition of impeachment against the president or vice president as defendant. During this procedure, the defendant shall be afforded all the rights of a criminal defendant in court of law, including right to counsel, right against self incrimination and right against double jeopardy.
c. Conviction from such proceedings shall impose no sentence except sentence of removal of defendant from office and up to ban on holding public office in placeholderstan for duration of defendant's natural life. Such proceedings shall however be admitted in criminal or civil trial should the matter be brought before appropriate court of law.

Part II - Office of president and council of ministers

§1 - The prime minister
a. Office of the prime minister shall be held by the prime minister, who shall serve as a head of government and shall have all the rights and responsibilities granted explicitly by legal instruments of placeholderstan or as customary for a democratic head of government where such customs do not contradict any explicit laws in intent or letter.
b. The prime minister shall be appointed by the president on basis of commanding majority of the legislature, either prima facie or on conformation vote. Where all attempts to find qualifying individual commanding majority of the legislature has been exhausted, president may take the extraordinary step to dissolve the legislature and hold new legislative elections.
c. The prime minister shall hold the office of prime minister for duration of three years unless it is otherwise rendered vacant, in which case vice prime minister shall be appointed by the president to serve as acting prime minister for remainder of the term. Where vice prime minister is unable, refuses to or is otherwise disqualified from taking up office of the prime minister, the president shall appoint a prime minister to serve new term in office.
d. Acting prime minister shall unless otherwise noted shall have same powers, qualifications and responsibilities as that carried by the prime minister for such time that they are holding office of prime minister.
e. Any person who is qualified to stand for member of the legislature and has not been convicted of crimes carrying custodial sentence above five years or otherwise disqualified from holding office, shall be qualified to be prime minister.
f. Prior to inauguration into the office, the prime minister (or acting prime minister) shall take following affirmation before president and vice president - "I,<full name>, do solemnly affirm before the people of placeholderstan that I will faithfully and with good faith fulfil my duties as prime minister (or Acting prime minister) of the placeholderstan, and to best of my ability preserve and defend its values, execute its laws, do justice to every man, and consecrate myself to the service of placeholderstan."
g. Prime minister shall attend legislature at least once a year for prime ministers questions where prime minister shall present actions of the government for the year and directions for remainder of their term. This shall be followed by questions from the members of legislatures which shall be answered to best of prime minister's ability, moderated by the presiding officer and based upon appropriate legislature or other legal instruments.
h. Prime minister shall not automatically be member of the legislature however holding office of prime minister shall not disqualify same person from holding office as member of legislature.
i. As first among equals of the council of ministers, the prime minister shall be responsible for advising president in regards to execution of presidential duties on behest of placeholderstan government.
j. Prime minister shall have full discretion over the composition and appointment of the council of ministers, although no same person may hold two positions in council of ministers and existence of vice president shall be mandatory. Powers and discretion provided to council of ministers shall be as determined by prime minister, subject to constrains imposed by the laws or legal instruments.
k. Prime minister shall be ultimately responsible for actions of their cabinet and shall be held accountable by the legislature for actions carried out by themselves or by the council of ministers.

§2 - The council of ministers
a. Council of ministers shall be composed of offices of vice prime minister, other ministries as required by laws and ministries as created at discretion of the prime minister.
b. Members of the council of ministers shall be appointed by the president at advice of prime minister and shall serve at discretion of the prime minister provided they are member of the legislature. Should they loose the position as member of legislature, their position shall be rendered vacant immediately and it shall be duty of the prime minister to appoint an alternative.
c. Members of the council of ministers shall not be subject to legislative confidence for appointment or dismissal.

§3 - Removal of the prime minister and council of ministers
a. The office of prime minister shall never be vacant, for prime minister shall only resign after president appoints a replacement. Once the replacement is appointed, the (acting) council of ministers shall ipso facto be dismissed.
b. When the sitting prime minister no longer qualifies to be the prime minister, is unable to discharge their duties due to physical or mental impairment, they fail to receive simple majority in legislature during vote of no confidence or legislature is dissolved by the president, the prime minister shall be refereed to as caretaker prime minister and council of ministers shall be referred to as caretaker council of ministers.
c. Caretaker council of ministers and prime minister shall collectively be referred to as caretaker government and their functions shall be to continue and maintain ordinary matters of national administration. Except in extraordinary circumstances, such government shall not make any major policy or financial changes without consultation and agreement from primary opposition parties.
d. Where prime minister is formally charged by law enforcement for any crimes carrying custodial sentence, they shall take hiatus with pay until such time they are formally acquitted or convicted.

§4 - Vote of no confidence
a. The legislative may initiate vote of no confidence provided a member of legislature submits a vote of confidence as a bill, however once such bill is defeated, no further vote of confidence bill may be submitted for next six months.
b. Vote of confidence bills shall not require presidential assent as such bills may not make provisions except to remove sitting prime minister and optionally include replacement candidate for presidential appointment.
c. Where president call upon the legislature to hold a vote to conform the candidate commands majority in legislature, it shall be treated as if it were a vote of confidence for purposes of six month provision.

Part III - Executive privilege

§1 - Immunity from arrest
a. Any sitting president, vice president, prime minister and ministers (for this part refereed as executive branch) may not be arrested by law enforcement except with arrest warrant signed by a judge or where there exists exigent circumstance requiring their arrest.
b. Where such warrant has been signed, sitting president, vice president and prime minister must be notified in advance and given no less than twelve hours to surrender except where it is determined in opinion of issuing judge that arrestee may flee the jurisdiction if given such notice.
c. Where arresting members of executive branch, it shall be responsibility of law enforcement to keep such arrest private and respectful.
d. Where arresting ministers, it shall be responsibility of law enforcement to notify the prime minister and while arresting prime minister or vice president it shall be responsibility of law enforcement to notify the president.
e. Prior to arrest of sitting member of executive branch, it shall be responsibility of law enforcement to make provisions for security and segregation from general prison populance.

§2 - Immunity from prosecution
a. No prosecution, either civil or criminal shall be made for sitting member of executive branch brought against them for executive actions. Nothing in this clause shall however protect any former member of executive branch from prosecution for actions carried out during their term in office nor shall it protect any member of sitting executive branch form prosecuting for actions where such action, even in part goes beyond their executive duties.
b. No prosecution shall be commenced against the sitting president for any actions prior to conviction from impeachment proceedings.


WIP, I think that's it for executive branch. I will do stuff or legislatives tomorrow/ next few days. Thoughts so far?
Last edited by Great Nepal on Mon Dec 22, 2014 11:25 am, edited 1 time in total.
Last edited by Great Nepal on Sun Nov 29, 1995 7:02 am, edited 1 time in total.


User avatar
Ainin
Postmaster-General
 
Posts: 13989
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Mon Dec 22, 2014 10:17 am

So if the Minister of Foreign Affairs walks into the Senate Lobby armed with a Kalashnikov, the police has to wait 12 hours and get a warrant?

Why should anyone have immunity from arrest and prosecution anyways?
Republic of Nakong | 內江共和國 | IIwiki · Map · Kylaris
"And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat?"

User avatar
Great Nepal
Postmaster of the Fleet
 
Posts: 28677
Founded: Jan 11, 2010
Ex-Nation

Postby Great Nepal » Mon Dec 22, 2014 10:29 am

Ainin wrote:So if the Minister of Foreign Affairs walks into the Senate Lobby armed with a Kalashnikov, the police has to wait 12 hours and get a warrant?

Senate police would never allow him to enter... but I take the point, had oversight on immediate danger for third party.
Ainin wrote:Why should anyone have immunity from arrest and prosecution anyways?

With respect to president, we can't prosecute him as head of state anyway.
With respect to others, arrest without warrant is generally quite restricted for all citizens and frankly members of executive aren't usually going to run away and hide. It doesn't look good internationally for picture of our PM to be dragged into police car handcuffed... much better to allow him to surrender unless there is pressing reason why that is not appropriate at given circumstance.

With respect to prosecution for executive actions, its just extension of judicial immunity: executive should be free to carry out executive actions without worrying about prosecution for it. Its applications are quite limited anyway - PM wont be prosecuted for reckless murder for neglecting defence etc.
Last edited by Great Nepal on Sun Nov 29, 1995 7:02 am, edited 1 time in total.


User avatar
Ainin
Postmaster-General
 
Posts: 13989
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Mon Dec 22, 2014 11:03 am

Great Nepal wrote:Senate police would never allow him to enter... but I take the point, had oversight on immediate danger for third party.

How would the Senate police stop him from entering? Not like they can arrest him.

With respect to president, we can't prosecute him as head of state anyway.

Sure we can. It doesn't matter if you're a hobo or Warren Buffett or Ban Ki-Moon. If you commit a crime, you answer to the courts. Justice is blind, after all.

With respect to others, arrest without warrant is generally quite restricted for all citizens and frankly members of executive aren't usually going to run away and hide. It doesn't look good internationally for picture of our PM to be dragged into police car handcuffed... much better to allow him to surrender unless there is pressing reason why that is not appropriate at given circumstance.

Justice isn't about PR. All are equal before the eyes of the law, so either everyone gets a 12-hour surrender period or nobody does.

With respect to prosecution for executive actions, its just extension of judicial immunity: executive should be free to carry out executive actions without worrying about prosecution for it. Its applications are quite limited anyway - PM wont be prosecuted for reckless murder for neglecting defence etc.

The separation of powers doctrine calls for the branches of government to keep each other in check. Which includes the judiciary being able to investigate the executive if they step out of bound. By the letter of the law, the executive may have just been doing normal executive actions (a rather extreme example: "I'm commander-in-chief! I did nothing wrong by sending this platoon of ex-violent offenders with a history of heinous crimes into the undefended village where my political opponent lives! How did I know they would commit war crimes?") but by the spirit of the law, it'd be a grave violation.

And any reasonable court would understand, through the hundreds of years of common law precedents, that the Prime Minister neglecting defence isn't grounds for murder charges. Just the odds of the prosecution service, who are (at least hopefully :p ) rational and sane people, considering charging the PM in such a case would be a million to one.
Republic of Nakong | 內江共和國 | IIwiki · Map · Kylaris
"And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat?"

User avatar
Lykens
Diplomat
 
Posts: 958
Founded: Apr 13, 2013
Ex-Nation

Postby Lykens » Mon Dec 22, 2014 11:38 am

I wasn't around for the other installations of the Senate, so I've no clue as to how the president gets elected. But from what I read in the bill, cohabitation might happen?
Looking for a decent RP region to join? Try Greater Olympus.

Good people, Active RPs, Great Maps.

Greater Olympus is always looking for more dastardly democracies, maniacal monarchies, contemptible commies, and glorious failed states of all sizes to join our group!

User avatar
Great Nepal
Postmaster of the Fleet
 
Posts: 28677
Founded: Jan 11, 2010
Ex-Nation

Postby Great Nepal » Mon Dec 22, 2014 11:56 am

Ainin wrote:
Great Nepal wrote:Senate police would never allow him to enter... but I take the point, had oversight on immediate danger for third party.

How would the Senate police stop him from entering? Not like they can arrest him.
[/quote]
They can, someone calls the prosecutor who finds a judge to sign the warrant and gives go ahead. Either way I have fixed this issue, added exigent circumstance exception.

Ainin wrote:
With respect to president, we can't prosecute him as head of state anyway.

Sure we can. It doesn't matter if you're a hobo or Warren Buffett or Ban Ki-Moon. If you commit a crime, you answer to the courts. Justice is blind, after all.

No it isn't. Functional immunity covers international president, prime minister and even some high level ministers...
Nationally speaking sovereign immunity is quite widely accepted, and often goes much further than simply postponing it to such time that person leaves office.

Ainin wrote:
With respect to others, arrest without warrant is generally quite restricted for all citizens and frankly members of executive aren't usually going to run away and hide. It doesn't look good internationally for picture of our PM to be dragged into police car handcuffed... much better to allow him to surrender unless there is pressing reason why that is not appropriate at given circumstance.

Justice isn't about PR. All are equal before the eyes of the law, so either everyone gets a 12-hour surrender period or nobody does.

High level government ministers enjoys special protection that others dont: functional immunity, sovereign immunity etc. Justice is always limited by state's interest and state has vested interest in not seeing pictures of its head of state in handcuffed plastered in newspapers.

Plus if you give a homeless guy 12 hour to surrender, you are quite likely not going to find him by then. You give Obama 12 hours to surrender and he flees, you will find him.

Ainin wrote:
With respect to prosecution for executive actions, its just extension of judicial immunity: executive should be free to carry out executive actions without worrying about prosecution for it. Its applications are quite limited anyway - PM wont be prosecuted for reckless murder for neglecting defence etc.

The separation of powers doctrine calls for the branches of government to keep each other in check. Which includes the judiciary being able to investigate the executive if they step out of bound. By the letter of the law, the executive may have just been doing normal executive actions (a rather extreme example: "I'm commander-in-chief! I did nothing wrong by sending this platoon of ex-violent offenders with a history of heinous crimes into the undefended village where my political opponent lives! How did I know they would commit war crimes?") but by the spirit of the law, it'd be a grave violation.

That is not absolute though. Even if judge completely ignores all evidence suggesting defendant is guilty of serial murder, sets aside jury verdict releasing the defendant who goes on to murder five people, you can't charge him with reckless manslaughter because what he was doing is covered by judicial immunity. In this case, it goes even further - you can never prosecute him for his decision whereas executive immunity as in the bill only postpones the judgement until the president in your example is no longer the president (which will be quite quick).
Same with PM: you commit grievous crime covered by your job as PM, you loose the vote of confidence and then you go to jail. This is further reinforced by functional immunity which is equally broad...

Ainin wrote:And any reasonable court would understand, through the hundreds of years of common law precedents, that the Prime Minister neglecting defence isn't grounds for murder charges. Just the odds of the prosecution service, who are (at least hopefully :p ) rational and sane people, considering charging the PM in such a case would be a million to one.

I am planning on standing as a prosecutor so... :p
But seriously, this is quite redundant: 99% of the prosecutors will never charge sitting PM or President for minor crimes and for major crimes they are going to be removed from office anyway. All this does is codify what is subject to tons of dispute (executive privilege in US for example).
Last edited by Great Nepal on Sun Nov 29, 1995 7:02 am, edited 1 time in total.


User avatar
The New World Oceania
Minister
 
Posts: 2525
Founded: May 03, 2012
Ex-Nation

Postby The New World Oceania » Mon Dec 22, 2014 12:39 pm

Get rid of the idea of an elected President and approved Prime Minister, and instead have the elected President and an appointed Supreme Leader. The President is elected as typically whereas a special Council of experts decides on the appointment of the Supreme Leader, with regards to God's choice for the leadership of our glorious nation. President serves for a six month term, Supreme Leader rules for life (OOC nuances and technicalities to be determined).

Then, a bill passes through the parliament (elected members) and goes to the desk of the President for approval. Whether the President (elected) approves or vetoes, the Supreme Leader (appointed by Council (appointed by President then approved by parliament)) can reverse. The President has a Cabinet/Assembly of Advisors appointed by the Supreme Leader. The President and Advisors can pass executive actions which can be vetoed by either the parliament or Supreme Leader. Any bills or actions of questionable legality to the Council, whose decisions are then approved or vetoed by the Supreme Leader. Both the Counciland Supreme Leader are bound by precedent regarding their decisions.

This keeps for a stable, working government. Gridlock will be no issue in our glorious nation and the will of God will be ever-present in the State.
Last edited by The New World Oceania on Mon Dec 22, 2014 7:40 pm, edited 1 time in total.
Woman-made-woman.
Formerly Not a Bang but a Whimper.
Mario Cerce, Member of the Red - Green Alliance, Fighting for your Fernão!
Elizia
Joyce Wu, Eternal President of Elizia
Wen Lin, Governor of Jinyu
Ahmed Alef, Member for South Hutnegeri
Dagmar
Elise Marlowe, Member for Varland
Calaverde
Alsafyr Njil, Minister of Justice
Vienna Eliot et. al, Poets
Dick Njil, Journalist
Assad Hazouri, Mayor of Masalbhumi
Baltonia
Clint Webb, Member of the Seima
Ment-Al Li, United Nations Agent
Aurentina
Clint Webb, Senator

User avatar
Beta Test
Minister
 
Posts: 2639
Founded: Jan 06, 2013
Ex-Nation

Postby Beta Test » Mon Dec 22, 2014 7:26 pm

c. The president shall hold the office of president for duration of six years unless it is otherwise rendered vacant, in which case vice president shall serve as acting president for remainder of the term.


This doesn't make sense. Our policy has always been IC time equals RL time.
Member of the Coalition of Workers and Farmers
Michael Ferreira: President of the Senate
Philip Awad: Former Secretary of Rural Development

User avatar
PFLE
Civilian
 
Posts: 0
Founded: Dec 22, 2014
Ex-Nation

Postby PFLE » Mon Dec 22, 2014 7:40 pm

Ainin wrote:So if the Minister of Foreign Affairs walks into the Senate Lobby armed with a Kalashnikov, the police has to wait 12 hours and get a warrant?

Why should anyone have immunity from arrest and prosecution anyways?


What...are you trying to regulate Coups out of existence!? :p

User avatar
Great Nepal
Postmaster of the Fleet
 
Posts: 28677
Founded: Jan 11, 2010
Ex-Nation

Postby Great Nepal » Mon Dec 22, 2014 7:40 pm

Beta Test wrote:
c. The president shall hold the office of president for duration of six years unless it is otherwise rendered vacant, in which case vice president shall serve as acting president for remainder of the term.


This doesn't make sense. Our policy has always been IC time equals RL time.

I was hoping we were changing that, a government cant carry out major changes in months - give them few years and tie it to a RL month. That way we can have mega projects.
But if we decide to stick to 1rl day = 1ic day, i will change "years" to "months".
Last edited by Great Nepal on Sun Nov 29, 1995 7:02 am, edited 1 time in total.


User avatar
Beta Test
Minister
 
Posts: 2639
Founded: Jan 06, 2013
Ex-Nation

Postby Beta Test » Mon Dec 22, 2014 7:49 pm

Great Nepal wrote:
Beta Test wrote:
This doesn't make sense. Our policy has always been IC time equals RL time.

I was hoping we were changing that, a government cant carry out major changes in months - give them few years and tie it to a RL month. That way we can have mega projects.
But if we decide to stick to 1rl day = 1ic day, i will change "years" to "months".

Six months is still a long time in the RP. Aurentina's system was elections every two months and that seemed to work well.
Member of the Coalition of Workers and Farmers
Michael Ferreira: President of the Senate
Philip Awad: Former Secretary of Rural Development

User avatar
The New World Oceania
Minister
 
Posts: 2525
Founded: May 03, 2012
Ex-Nation

Postby The New World Oceania » Mon Dec 22, 2014 7:51 pm

Beta Test wrote:
Great Nepal wrote:I was hoping we were changing that, a government cant carry out major changes in months - give them few years and tie it to a RL month. That way we can have mega projects.
But if we decide to stick to 1rl day = 1ic day, i will change "years" to "months".

Six months is still a long time in the RP. Aurentina's system was elections every two months and that seemed to work well.

That's more of an IC issue. I would have to eviscerate my throat if people start using "well in Aurentina—" as a means to debate IC legislation.
Woman-made-woman.
Formerly Not a Bang but a Whimper.
Mario Cerce, Member of the Red - Green Alliance, Fighting for your Fernão!
Elizia
Joyce Wu, Eternal President of Elizia
Wen Lin, Governor of Jinyu
Ahmed Alef, Member for South Hutnegeri
Dagmar
Elise Marlowe, Member for Varland
Calaverde
Alsafyr Njil, Minister of Justice
Vienna Eliot et. al, Poets
Dick Njil, Journalist
Assad Hazouri, Mayor of Masalbhumi
Baltonia
Clint Webb, Member of the Seima
Ment-Al Li, United Nations Agent
Aurentina
Clint Webb, Senator

User avatar
Great Nepal
Postmaster of the Fleet
 
Posts: 28677
Founded: Jan 11, 2010
Ex-Nation

Postby Great Nepal » Mon Dec 22, 2014 7:58 pm

Beta Test wrote:
Great Nepal wrote:I was hoping we were changing that, a government cant carry out major changes in months - give them few years and tie it to a RL month. That way we can have mega projects.
But if we decide to stick to 1rl day = 1ic day, i will change "years" to "months".

Six months is still a long time in the RP. Aurentina's system was elections every two months and that seemed to work well.

Yeah i am keeping that similar for PM, but issue with Aruentina and Baltonia was politicisation of president - president as head of state shouldn't be involved in partisan politics and deal makings, instad they should be voted on character and impartiality. Since we cant ICly change voting (same person will vote for PM and president) so having diffren term lengths should moderate politics involved.
Although if 6 is too long, how about 2 month term for PM and 4 for president? I don't really mind duration as much as concept that they shouldn't have same terms.
Last edited by Great Nepal on Sun Nov 29, 1995 7:02 am, edited 1 time in total.


User avatar
Beta Test
Minister
 
Posts: 2639
Founded: Jan 06, 2013
Ex-Nation

Postby Beta Test » Mon Dec 22, 2014 8:00 pm

Great Nepal wrote:
Beta Test wrote:Six months is still a long time in the RP. Aurentina's system was elections every two months and that seemed to work well.

Yeah i am keeping that similar for PM, but issue with Aruentina and Baltonia was politicisation of president - president as head of state shouldn't be involved in partisan politics and deal makings, instad they should be voted on character and impartiality. Since we cant ICly change voting (same person will vote for PM and president) so having diffren term lengths should moderate politics involved.
Although if 6 is too long, how about 2 month term for PM and 4 for president? I don't really mind duration as much as concept that they shouldn't have same terms.

I can get behind that idea. It would makes things different, create some tension between the two roles perhaps.
Member of the Coalition of Workers and Farmers
Michael Ferreira: President of the Senate
Philip Awad: Former Secretary of Rural Development

User avatar
Heraklea-
Diplomat
 
Posts: 948
Founded: Jun 29, 2013
Ex-Nation

Postby Heraklea- » Mon Dec 22, 2014 8:16 pm

Not that I necessarily support this, but to remove politics from the role we could have a largely ceremonial domestic monarchy or have a Canada-UK style relationship with Spain.

PreviousNext

Advertisement

Remove ads

Return to Archives

Who is online

Users browsing this forum: Trump Almighty

Advertisement

Remove ads