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[PROPOSAL] Repeal: “Ban on Ex Post Facto Laws”

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Greater Icaria
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Founded: Apr 17, 2019
Ex-Nation

[PROPOSAL] Repeal: “Ban on Ex Post Facto Laws”

Postby Greater Icaria » Sat Apr 20, 2019 11:48 pm

So this one's currently in the GA proposal period. My first proposal, I was reading through the GA resolutions and figure I could come up with a more well-balanced version of GA#79. I'll begin drafting a replacement if this passes.

Repeal: "Ban On Ex Post Facto Laws"
General Assembly Resolution #79 “Ban on Ex Post Facto Laws” (Category: Civil Rights; Strength: Significant) shall be struck out and rendered null and void.

BELIEVING that nations have the right to implement and enforce laws and other legislation within their borders as the governments of member nations see fit, and

RECOGNIZING the importance and weight behind determining appropriate punishments or other sentencings to violations of those laws, and

SEEING the growing usefulness which hindsight grants us all,

RESOLVES that:

I. Nations have the right to determine how law and order are enforced within their borders.
II. Nations may change, modify, or in any other way reinterpret laws and legislation in order to ensure the proper execution of justice, as determined by the authorities of those nations and not the World Assembly.
III. The language in "Ban On Ex Post Facto Laws" in sections (II) and (III) violates Section I, Article 2 of G.A. Resolution #2.

And of course,
BELIEVING there is a better way of managing how governments execute justice,

The World Assembly hereby repeals "Ban On Ex Post Facto Laws".


If you have any suggestions, I'm open to them.

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Imperium Anglorum
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Postby Imperium Anglorum » Sat Apr 20, 2019 11:50 pm

There are three arguments: (1) NatSov stuff, (2) more NatSov stuff, and (3) claims of Contradiction. The first two fall into the NatSov rule and would make the resolution illegal if Argument 3 didn't exist. Argument 3 is a metagaming violation.

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Wrapper
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Democratic Socialists

Postby Wrapper » Sun Apr 21, 2019 5:43 am

It’s also illegal for legislating in a repeal.

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Quappe
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Founded: Apr 12, 2019
Ex-Nation

Postby Quappe » Sun Apr 21, 2019 9:41 am

I checked Section One, Article 2 of GA 2:

"Article 2 § Every WA Member State has the right to exercise jurisdiction over its territory and over all persons and things therein, subject to the immunities recognized by international law.

The Ban on Ex Post Facto Laws is an immunity recognised by international law. Therefore, GA 79 is not a contradiction of GA 2. GA 79 is important for the rights of all citizens in the WA; I wouldn't repeal it.

Also this clause in your proposal:

"SEEING the growing usefulness which hindsight grants us all,"

Is perhaps the most useless clause I've ever seen in a WA proposal. It literally does nothing!
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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Sun Apr 21, 2019 2:46 pm

Quappe wrote:It literally does nothing!

OOC: All a repeal is allowed to do, is to repeal. If it does anything else, it's illegal for legislating in a repeal.
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Quappe
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Founded: Apr 12, 2019
Ex-Nation

Postby Quappe » Sun Apr 21, 2019 2:51 pm

Araraukar wrote:
Quappe wrote:It literally does nothing!

OOC: All a repeal is allowed to do, is to repeal. If it does anything else, it's illegal for legislating in a repeal.

I think what I meant was that it is a meaningless clause. I know you can't legislate in an appeal, but this is clearly added just to make the repeal appear bigger than it actually is.

On that note though, could parts of this proposal not be seen as an attempt to legislate in an appeal, particularly part II?
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Wrapper
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Democratic Socialists

Postby Wrapper » Sun Apr 21, 2019 2:55 pm

Quappe wrote:On that note though, could parts of this proposal not be seen as an attempt to legislate in an appeal, particularly part II?

Wrapper wrote:It’s also illegal for legislating in a repeal.

Sometimes I feel like I'm just talking to myself....

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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Sun Apr 21, 2019 3:00 pm

Wrapper wrote:Sometimes I feel like I'm just talking to myself....

OOC: You're our shared figment of the imagination. Or we're yours... :lol:
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Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
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American Pere Housh
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Postby American Pere Housh » Mon Apr 29, 2019 5:56 am

"The Empire is completely against this proposal. Even if you can repeal it, it is already prohibited under the Imperial Constitution."
Government Type: Militaristic Republic
Leader: President Alexander Jones
Prime Minister: Isabella Stuart-Jones
Secretary of Defense: Hitomi Izumi
Secretary of State: Eliza 'Vanny' Cortez
Time: 2023
Population: MT-450 million
Territory: All of North America, The Islands of the Caribbean and the Philippines


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