Title: Carmichael Refroms
Description: Chance to vote on the Reforms I proposed
John_Carmichael - December 9, 2006 06:51 PM (GMT)
Part I [General Provisions]
Article 1 [Scope]
This Constitution applies to all parts of the Empire of the Alexandrians.
Article 2 [State Form, Composition]
(1) The form of government shall be that of a constitutional monarchy. The Imperial Power is inherited by men and women designated to inherit such power by the Emperor of the Alexandrians in accordance with the Imperial Family Act. (The Portela Family Pact, whatever it may be, should be enshrined in law by Parliament as the Imperial Family Act)
(2) The Empire of the Alexandrians is composed of five provincial departments: Asuncion, Puerto Nuevo, Rio Grande, Valenciennes and Baudrix. New provinces may be admitted by the Imperial Parliament into the Empire; but no new province shall be formed or erected within the jurisdiction of another one; nor any province be formed by the junction of two or more provinces, or parts of provinces, without the consent of the state legislature or executive (I deem a Governmental Council as an Executive rather than a legislature) , as well as of the Imperial Parliament.
(3) The official capital and seat of government of the Empire is the city of Geneva in the province of Baudrix, which as capital, has the title of Imperial City and is governed directly by the Emperor or an institution created by the Emperor to govern it. The Seat of Government will be only be moved in times of great danger or serious threat to the Imperial City (The provision to move the Capital City for any reason seems unnecessary)
Article 3 [State Powers]
The legislative power is jointly vested in the Emperor and the Parliament. The executive power is vested in the Emperor and any of the Emperor's appointed officials. The judicial power is vested in the High Court. Parliament shall have the right to create as many new Courts as it wishes and their powers will be derived from any such act creating a new Court. (As there are no other Courts bar the High Court, it seems appropriate to give Parliament the power to create any new ones and to invest the Judicial authority in the High Court rather than the vague meaning "courts of justice")
Article 4 [State Religion]
No Parliament, including His Majesty the Emperor of Alexandria, shall enact any law, or proclaim or decree the establishment of any religion as the State Religion and shall not abridge or revoke any privileges, elected or appointed offices or human and civil rights for the failure to recognize any religion practiced in the Empire or elsewhere.
Part VI [Judiciary]
Article 31 [High Court of Justice, Independence]
The judicial power of the Empire of the Alexandrians shall be vested in the High Court of Justice. The judiciary of the Empire of the Alexandrians shall be independent of the executive and the legislature. Any holder of judicial office shall not be a member of the executive, legislature or any political party. The Imperial Parliament shall enact legislation from time to time regulating the administration of justice in accordance with these principles.
Article 32 [Jurisdiction]
The jurisdiction of the High Court of Justice shall extend to all matters of law within the Empire of the Alexandrians. It shall have jurisdiction over matters civil, criminal, administrative and constitutional.
Article 33 [Judicial review]
The High Court of Justice shall have power to judge the constitutionality of Acts of Parliament upon petition by a citizen(s) of the Empireas well as any treaties the Parliament approves (I believe that some treaties may interfere with the Constitution and some in the future may do so. It is only right that a citizen has a right to challenge these treaties. This right shall not be restricted by Act of Parliament.
Article 34 [Nomination]
Judges may be appointed to serve the Empire by a process of simple non-partisan nomination. Any Member of Parliament may nominate any independent citizen of the Empire to serve as a Judge, this nomination must be endorsed by no less than four citizens of the Empire. No more than two endorsements may come from any single party or special interest group within the Empire. A senior justice shall be appointed as Lord Chief Justice.
Article 35 [Removal]
Should any Member of Parliament deem it necessary to dismiss a Judge, he may attempt to do so by presenting the issue to Parliament in a Dismissal Motion (I think any vote for a Judge to be dismissed should be called a Dismissal Motion for the benefit of Parliamentary Records and Parliamentary Business)
Article 36 [Lord Chief Justice]
In the event that the Lord Chief Justice must be replaced, it shall be conducted through a popular vote among sitting Judges. In the event that the Empire boasts fewer than three sitting Judges, the position of Lord Chief Justice shall be temporarily filled by the most senior of the Empire's judges until such time that an election may be held.
Article 37 [Temporary Justices]
Parliament may temporarily approve the appointment of a single judge to administer the High Court of Justice. The single judge will preside as a sole judge of the High Court of Justice without distinction to its first instance and appellate functions.
Article 38 [Precedent]
The High Court of Justice shall not be bound by its previous decisions and should consider each case brought before it with equal consideration. (I was surprised to see that no form of precedent had been established in the Constitution and such a necessary part of any legal system should be included
You MUST state your opinions on these reforms if you're going to vote.
hard_right - December 9, 2006 07:36 PM (GMT)
I vote No - WE NEED MORE TIME TO DEBATE, AND VOTING SHOULD ONLY BEGIN IF SOMEONE MOTIONS IT. I haven't had time to study the reforms, amending the Constitution should not be taken lightly.
John_Carmichael - December 9, 2006 08:39 PM (GMT)
| QUOTE (hard_right @ Dec 9 2006, 02:36 PM) |
| I vote No - WE NEED MORE TIME TO DEBATE, AND VOTING SHOULD ONLY BEGIN IF SOMEONE MOTIONS IT. I haven't had time to study the reforms, amending the Constitution should not be taken lightly. |
Okay. Remember I said you must state your opinions if you are going to vote. I suggest we do debate this further on this thread rather than clogging up the main thread.
Jacques de Beaufort - December 14, 2006 05:26 AM (GMT)
| QUOTE (John_Carmichael @ Dec 9 2006, 01:51 PM) |
| (2) The Empire of the Alexandrians is composed of five provincial departments: Asuncion, Puerto Nuevo, Rio Grande, Valenciennes and Baudrix. New provinces may be admitted by the Imperial Parliament into the Empire; but no new province shall be formed or erected within the jurisdiction of another one; nor any province be formed by the junction of two or more provinces, or parts of provinces, without the consent of the state legislature or executive (I deem a Governmental Council as an Executive rather than a legislature) , as well as of the Imperial Parliament. |
This article should include Ibelin as a province of the Empire. And perhaps we should wait to reform this part until the option of the merger of Asuncion and Puerto Nuevo into one province under the name of San Martin is debated and submitted to a referendum in both provinces.
Also this article could also include a mention of the overseas territories of Corcovado and Galatia, don't you think.
For these and other reasons my vote, for the time being, to these proposed reforms is: NO.
Sincerely,
Pete James - December 14, 2006 01:15 PM (GMT)
There was a refferendum, it was rejected
Emperor Edgard II - December 14, 2006 01:18 PM (GMT)
The referendum was never carried out formally. The referendum was also carried out BEFORE the new law, when the proposal was opposed. Now it is more popular and has bigger chances of coming true.
hard_right - December 14, 2006 02:09 PM (GMT)
| QUOTE |
This article should include Ibelin as a province of the Empire. And perhaps we should wait to reform this part until the option of the merger of Asuncion and Puerto Nuevo into one province under the name of San Martin is debated and submitted to a referendum in both provinces. Also this article could also include a mention of the overseas territories of Corcovado and Galatia, don't you think. |
I think that we should just strike the list of provincial departments all together because it might require amending the constitution constantly to add new subdivisions. That would be a big headache.
I suggest we amend that section to the following:
| QUOTE |
| (2) The Empire of the Alexandrians is composed of provincial departments and whichever territorial subdivisions are established by law. New provinces may be admitted by the Imperial Parliament into the Empire; but no new province shall be formed or erected within the jurisdiction of another one; nor any province be formed by the junction of two or more provinces, or parts of provinces, without the consent of the provincial legislatures in question. Should there be no provincial legislature in the regions in question, a provincial referendum may be carried out by law or Imperial Decree. |
Jacques de Beaufort - December 14, 2006 02:36 PM (GMT)
| QUOTE (hard_right @ Dec 14 2006, 09:09 AM) |
I suggest we amend that section to the following:
| QUOTE | | (2) The Empire of the Alexandrians is composed of provincial departments and whichever territorial subdivisions are established by law. New provinces may be admitted by the Imperial Parliament into the Empire; but no new province shall be formed or erected within the jurisdiction of another one; nor any province be formed by the junction of two or more provinces, or parts of provinces, without the consent of the provincial legislatures in question. Should there be no provincial legislature in the regions in question, a provincial referendum may be carried out by law or Imperial Decree. |
|
I love this. Excellent proposal.
Sincerely,
John_Carmichael - December 14, 2006 03:41 PM (GMT)
I agree with that proposal whole heartedly.