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The Empire of the Alexandrians > 5th Imperial Parliament > Provincial Reform Act



Title: Provincial Reform Act


hard_right - August 7, 2006 05:13 PM (GMT)
QUOTE

Article 1 - Name.
This act shall be officially cited as the Provincial Reform Act.

Article 2 - Establishment of five provinces.
For the purposes of local government, Alexandria is divided into five provinces. These provinces are Baudrix, Valenciennes, Ibelin, San Martin and Rio Grande. The provinces of Asuncion and Puerto Nuevo will be merged into the province of San Martin pending a yes vote on a provincial referendum to be held in each province one month from the granting of Imperial Assent to this Act.

Article 3 - Provincial boundaries.
The boundaries of the provinces are as provided in the map in the Appendix of this act.

Article 4 - Provincial capitals.
The Capital of the province of Baudrix shall be the city of Geneva. The capital of the province of Valenciennes shall be Edgardia. The capital of the province of Ibelin shall be Crécy. The capital of the province of San Martin shall be Los Santos. The capital of the province of Rio Grande shall be Loredo.

Article 5 - Provincial Prefects.
A prefect appointed by the Emperor who shall remain in office for as long as the Emperor pleases shall administer each province.

Article 6 - Powers of the prefects.
The prefect has full discretionary power in his province to legislate as he sees fit unless explicitly bound by an Act of the Imperial Parliament or by the Constitution.

Article 7 - Prefect residence.
The prefect shall reside in the capital of his province.

Article 8 - Decrees and edicts by prefects.
The prefect may enact his decisions by decree or edict. Decrees or edicts issued by a prefect may only have effect on the province of which the prefect has been appointed to administer. All decrees or edicts issued by a prefect must be countersigned by the Emperor.

Article 9 - Prefect's decrees or edicts must be countersigned.
A decree or edict, which has effect in a particular province, may be overturned by an Act of the Imperial Parliament or by an Imperial Decree.

Article 10 - Judicial review over prefectural edicts or decrees.
The High Court of Justice may suspend a provincial decree or edict if a judicial review has been instigated.

Article 11 - High Court of Justice only can have judicial review.
Only the High Court of Justice may launch a Judicial Review of the decisions or law making of a prefect. Any decisions made which are held to be unlawful can be brought to trial, thus creating laws by legal precedent for all Provinces.

Article 12 - Prefect appointments to provincial government.
A prefect may bestow gifts, titles or offices of provincial government, with financial remuneration if he or she so desires to provincial residents or non-residents if so desired without reproach from any higher authority unless subject to a change in the law.

Article 13 - No independent foreign policy.
A prefect may not pursue an independent foreign policy in as much as individual provinces may not make treaties of mutual recognition; enter unto alliances, pacts or mutual defense agreement with foreign micronational bodies.

Article 14 - Prefects and the arts, culture, etc.
Prefects are empowered to act in such way as to enhance the civic virtue or cultural diversity of their province. They are further encouraged to foster the arts, literature, folk culture and history of their respective province.

Article 15 - Independent armed forces.
Prefects are hereby prohibited from raising independent armed forces unless they designate these forces to either be a personal bodyguard whose rank and function are not to be recognized outside of that respective province, or a provincial militia, which must be sworn to loyalty to the Emperor above all.

Article 16 - Prefect power for economic development.
A prefect may do all that is within his power to encourage the economic development of their province. A prefect may form joint stock companies and may participate in all activities permitted under economic legislation.

Article 17 - Provincial taxing.
A prefect is entitled to claim a tax of up to ten percent of his residents’ wealth for whatever purpose is expedient to the welfare of the said province. If any short fall in provincial finances occurs the prefect is compelled by this act to submit a budget to the Minister of Finance and Economics for approval of funding. If approved, prefects can get funding through the next budget of the national government. If a submission for extra funds is submitted the Imperial Cabinet, Prime Minister and the Minister of Finance and Economics may demand what measures they will of the prefect in order to meet the requirements they set for the allocation of funding.

Article 18 - Imperial Assent.
This Act shall become effective once it receives Imperial Assent.

Appendix
user posted image

Pete James - November 8, 2006 05:06 PM (GMT)
Now Open For Debate

Matthieu Poiters - November 9, 2006 10:53 PM (GMT)


OK the maps need to be updated(ie the addition of our official map). i see no problem with the bill other than that.

Poiters. MP for PN.

Pete James - November 9, 2006 11:50 PM (GMT)
To be honest I feel it adds another layer of Burocracy we do not have the man power for

Jacques de Beaufort - November 14, 2006 12:16 AM (GMT)
I actually think this is a great piece of legislation. My reasons:
1. It solves the problem of provincial governments.
2. It reduces the provinces in number.
3. It actually establishes a work order between the provinces and the nation.
4. It specifically establishes provincial powers, both allowed and not allowed.

I believe that this bill is unique and will do a great good to our nation. I move to fast track this bill, and commence voting. I don't really remember how fast tracking used to work, but: Does anyone second?

Sincerely,

HH Grand Duke Jacques de Beaufort

Jacques de Beaufort - November 16, 2006 07:33 PM (GMT)
I would actually change something to this bill, I would also merge Baudrix and Valenciennes into one province of Baudrix.

somebody please say something!!!!!!!!!!!!!!!!

Sincerely,

HH Grand Duke Jacques de Beaufort

Pete James - November 16, 2006 10:19 PM (GMT)
hey, Sorry my nets been down.

I am very opposed to provincial mergers. mainly because I'm working on a system right now which will make the number of MP's proportional to the number of citiesen and not the number of provances

Jacques de Beaufort - November 19, 2006 05:03 PM (GMT)
QUOTE (Pete James @ Nov 16 2006, 05:19 PM)
I am very opposed to provincial mergers. mainly because I'm working on a system right now which will make the number of MP's proportional to the number of citiesen and not the number of provances

Would that be of help considering the current lack of citizens?

Sincerely,

Pete James - November 19, 2006 09:45 PM (GMT)
Yes it would. It would work along the lines of French Sector has X citizens and therefor gets y MP's. Spanish has m so gets n. we would also have an elected offical for each sector.

Jacques de Beaufort - November 25, 2006 11:09 PM (GMT)
QUOTE (Pete James @ Nov 19 2006, 04:45 PM)
Yes it would. It would work along the lines of French Sector has X citizens and therefor gets y MP's. Spanish has m so gets n. we would also have an elected offical for each sector.

Hey Pete,
you know this goes hand in hand with the propossition I just made in the Place du Marmion.
You see: I feel that we have too many forums, and as a way to cut back on those, and make the electoral system more representative, I was asking everybodies opinion on mergeing the whole of the Spanish sector into one province, and the same with the French Sector.
And to this proposal you can still attach the representative proportional to the number of citizens, eh?

What do you think?

sincerely,

HH Grand Duke Jacques de Beaufort

Matthieu Poiters - November 26, 2006 02:14 AM (GMT)


it is my personal belief to maintain the provinces as they are. although it is true we must have a smaller amount of boards. all spanish provinces are merging so its nice, we must not do it for the french provinces though not yet.

Poiters. MP for PN.

hard_right - November 27, 2006 05:52 PM (GMT)
I strongly believe in self-determination for the people of the provinces. The provinces, I imagine, had an intended purpose and that was to develop local government and we can set up interaction between local and national governments. This way EVERYONE would be integrated in governing at all levels.

I agree with Monsieur Beaufort - we do need to consolidate and get rid of unnecessary fora, but I do not want the provinces to lose their identity. Alexandria's identity owes much to the provinces.

Reagding representation proportional to population instead of provinces sounds enticing, but you have to take into account the fact that the levels of citizenship and active people rise and fall all the time and very, very quickly. We need to come up with a worthy formula before we can amend anything.

I support the suggestion of Asuncion and Puerto Nuevo merging, but I am not in favor on the merger of Baudrix and Valenciennes, both provinces are very different in ideologies and such. A plus side, is that Pete might actually be challenged once in a while to an election... hahaha.

Jacques de Beaufort - November 27, 2006 07:08 PM (GMT)
QUOTE
but I am not in favor on the merger of Baudrix and Valenciennes, both provinces are very different in ideologies and such.


But, you see, therein is the whole point for this thing: if one province is conservative, and the other is liberal, if we merge them, we would be creating the grouds for a much deeper discussion of all issues concerning provincial and national politics, since a part of the province would think one way and the other a different way: With this Debate, would be stronger than ever. Don't you think?

Sincerely,

HH Grand Duke Jacques de Beaufort

Pete James - December 6, 2006 04:08 PM (GMT)
However is we cut down the provences they would lose their individual identities

hard_right - December 6, 2006 05:38 PM (GMT)
Your Grace,

I think that if we pose the question before the people of Baudrix and Valenciennes to merge and it passes, then we are no one to deny the will of the people.

However, I am inherently against this merger because Baudrix (my former home province and i plan to move there as soon as I can take that seat) would come to be dominated by the liberal politics of Valenciennes.

Pete James - December 6, 2006 06:03 PM (GMT)
you mean my liberal policies of Valenciennes? Valenciennes is also against the merger

hard_right - December 6, 2006 07:02 PM (GMT)
if you read through the forums of Valenciennes you can see plenty of past liberal movements from there that have threatened the establishment

But partly I do also refer to your policies of aiming to take away rights of the citizens, by attempting to outlaw political parties which are an expression of the individual and a basic right of everyone in a democracy.

This isn't the thread to discuss these things, so let's keep it on the provincial matter.

Jacques de Beaufort - December 6, 2006 08:34 PM (GMT)
Ok.. then: as we can all see Valenciennes and Baudrix do not want to merge. So I believe that is it. But still we can merge Asuncion and Puerto Nuevo, right? They are both strong catholic provinces in the spanish sector and very much alike. Anyone in favour of this merger?

Sincerely,

HH Grand Duke Jacques de Beaufort

Pete James - December 6, 2006 09:11 PM (GMT)
This is not a debate of the policies of my party, as you stated. feel free to contact me if you wish to discuss this. However it seems we are agreed against the merger. Can't be all bad can I? On the spanish sector merger that was voted on by citizens and rejected I believe, although you were much in favour of it wern't you?

Ibelin also need to be added to the provences before we vote.

Finally I would suggest an Arostotic rule for the provences. What are your thoughts?

Matthieu Poiters - December 8, 2006 09:18 PM (GMT)
QUOTE
Reagding representation proportional to population instead of provinces sounds enticing, but you have to take into account the fact that the levels of citizenship and active people rise and fall all the time and very, very quickly. We need to come up with a worthy formula before we can amend anything.


this is important, i do agree with this. Though i think we should establish a minimum and a maximum number of representatives that can be allowed in Parliament.

Poiters. MP for PN.

Jacques de Beaufort - December 14, 2006 05:34 AM (GMT)
The way I see it this act cannot be passed the way it is right now, because it needs a heavy load of ammendments. SO maybe we should put this particular act to sleep, and create a commission to actually develop, debate and write a new piece of legislation about the provinces, their number, their status, their government, their representation in the imperial government, etc. etc.
We need to be able to study this matter with closeness and detention in each of these and other issues to be able to pass a law that will actually be practical and of use for the Empire's provinces and their organization.

So I motion to bump this bill, and create such a commission. We can call it: Commission on Provincial and Political Reform.

Who will second my motion?

Sincerely,

Pete James - December 14, 2006 01:20 PM (GMT)
I second the motion, does anyone object?
I will allow 2 days for objections (or if a mojority seconds the motion thats good too)

hard_right - December 14, 2006 01:56 PM (GMT)
I object.

We already have two committees - one working on constitutional reform, and another on the economy why don't we just amend the bill instead of creating more and more commissions which will go into inactivity? I am very suspicious of efforts from epople to take away power of Parliament and give it to commissions.

Commissions cannot do anything per se either. The Emperor said that commissions can only make reccomendations for Parliament to approve, why create another separate body to do this? I don't understand.

Perhaps we could create a committee within parliament just like the US Congress has committees on Rules, Justice, etc within the houses? that would be a more satisfactory resolution in my opinion because it would keep matters in parliament, where it should be.

Pete James - December 14, 2006 02:05 PM (GMT)
Well how about comeone takes it apon tehmselve to draft ammendments then come back with it?

Jacques de Beaufort - December 14, 2006 03:07 PM (GMT)
QUOTE (hard_right @ Dec 14 2006, 08:56 AM)
Perhaps we could create a committee within parliament just like the US Congress has committees on Rules, Justice, etc within the houses? that would be a more satisfactory resolution in my opinion because it would keep matters in parliament, where it should be.

This is what I was proposing we create. although I made a mistake and silghtly changed the name, I meant to create a sort of USCongress Comittee.

Sincerely,

Jacques de Beaufort - December 14, 2006 10:28 PM (GMT)
Since creating a comitee and discussing this bill there as I previously suggested would have, indeed, taken enormous amounts of time that we don't have. I took it upon myself to redraft this bill.

Sincerely,

QUOTE
PROVINCIAL REFORM ACT 2006

Article 1 - Name.
This act shall be officially cited as the Provincial Reform Act 2006.

Article 2 - Establishment of five provinces.
For the purposes of local government, Alexandria is divided into five provinces. These provinces are Baudrix, Valenciennes, Ibelin, San Martin and Rio Grande. The provinces of Asuncion and Puerto Nuevo will be merged into the province of San Martin pending a positive vote on a provincial referendum to be held in each province two weeks from the granting of Imperial Assent to this Act.

Article 3Recognition of Overseas territories.
By this Act of the Imperial Parliament the status of overseas territories is granted to the Principality of Corcovado and to Galatia.

Article 4Geographical boundaries.
The boundaries of the provinces and overseas territories are as provided by the Alexandrian Cartographic Society.

Article 5 - Provincial capitals.
With the exception of the Imperial City of Geneva both capital city of the Empire and of the province of Baudrix, the capital cities of the provinces and overseas territories will be established according to tradition of the province and by a provincial government decree.

Article 6 - Provincial Prefects.
A prefect appointed by the Emperor who shall remain in office for as long as the Emperor pleases shall administer each province and overseas territory. It is hereby prohibited to administer more than one territorial division at a time.

Article 7 - Prefect residence.
The prefect shall reside in the capital of his province or overseas territory.

Article 8 - Powers of the prefects.
The prefect has full discretionary power in his province or overseas territory to legislate as he sees fit unless explicitly bound by an Act of the Imperial Parliament or by the Constitution.

Article 9 - Decrees and edicts by prefects.
The prefect may enact his decisions by decree or edict. Decrees or edicts issued by a prefect may only have effect on the province or territory of which the prefect has been appointed to administer.

Article 10Review of Prefect’s decrees
A decree or edict, which has effect in a particular province or territory, may be overturned by an Act of the Imperial Parliament or by an Imperial Decree. The High Court of Justice may suspend a provincial or territorial decree or edict if a judicial review has been instigated.

Article 11 - Prefect appointments to provincial government. Gifts.
A prefect may bestow gifts, titles or offices of provincial government, with financial remuneration if he or she so desires to provincial residents or non-residents if so desired without reproach from any higher authority unless subject to a change in the law. The prefect of an overseas territory may not bestow grants, gifts or titles; he may, however, appoint people to territorial government offices.

Article 12 - No independent foreign policy.
A prefect may not pursue an independent foreign policy in as much as individual provinces and territories may not make treaties of mutual recognition; enter unto alliances, pacts or mutual defense agreement with foreign micronational bodies.

Article 13 - Prefects and the arts, culture, etc.
Prefects are empowered to act in such way as to enhance the civic virtue or cultural diversity of their province or territory. They are further encouraged to foster the arts, literature, folk culture and history of their respective province or territory.

Article 14 - Independent armed forces.
Prefects are hereby prohibited from raising independent armed forces unless they designate these forces to either be a personal bodyguard whose rank and function are not to be recognized outside of that respective province, or a provincial militia, which must be sworn to loyalty to the Emperor above all. Overseas territories may not have raise militia of their own.

Article 15 - Prefect power for economic development.
A prefect may do all that is within his power to encourage the economic development of their province or territory. A prefect may form joint stock companies and may participate in all activities permitted under economic legislation.

Article 16 - Provincial taxing.
A prefect is entitled to claim a tax of up to ten percent of his residents’ wealth for whatever purpose is expedient to the welfare of the said province or territory. If any short fall in provincial finances occurs the prefect is compelled by this act to submit a budget to the Minister of Finance and Economics for approval of funding. If approved, prefects can get funding through the next budget of the national government. If a submission for extra funds is submitted the Imperial Cabinet, Prime Minister and the Minister of Finance and Economics may demand what measures they will of the prefect in order to meet the requirements they set for the allocation of funding.

Article 17 - Imperial Assent.
This Act shall become effective once it receives Imperial Assent.

Pete James - December 14, 2006 10:56 PM (GMT)
Any further thought on my aristorcricy idea?

Jacques de Beaufort - December 15, 2006 12:50 AM (GMT)
QUOTE (Pete James @ Dec 14 2006, 05:56 PM)
Any further thought on my aristorcricy idea?

I don't quite understand what you say?

Reviewing the this thread I came across the subject of national representation for the provinces before the Imperial Parliament. But I think that is established in the Imperial Constitution. So maybe we can address that in the Commission for Constitutional Reform.

Sincerely,

hard_right - December 15, 2006 05:54 PM (GMT)
I welcome the amendments made by His Grace, and I move for a vote.

Jon - December 21, 2006 07:59 PM (GMT)
I second the motion.

Pete James - December 21, 2006 09:22 PM (GMT)
Voting shall comence after the Christmas Break.

Jon - December 29, 2006 09:08 PM (GMT)
Assuming voting is now under way since we have returned from Christmas Break, I vote OUI.

Pete James - December 29, 2006 09:09 PM (GMT)
I vote NON

hard_right - December 29, 2006 10:35 PM (GMT)
i vote OUI

Jean Pierre Robespierre - December 30, 2006 08:32 PM (GMT)
I also vote Oui

Jacques de Beaufort - January 2, 2007 03:06 AM (GMT)
I vote OUI!!

Sincerely,

Pete James - January 3, 2007 01:49 PM (GMT)
Passed by 4-1




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