Abolishing the CLO

King Durk the Awesome

King Durk the Awesome

TNPer
This solution is pulling ahead in the poll so I propose the following, striking the red and adding blue:

Article I:
Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, CLO members, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly, CLO, and Judiciary officials shall require a plurality vote of the Assembly,
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the Assembly.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.
Click to expand...

Article II:
Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet
Click to expand...

Article IV: Council of Legal Oversight

Section 1: Membership and Powers

1. The Council of Legal Oversight (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.
2. The CLO is to be given access and speaking privileges within the private Cabinet areas but are not allowed to take part in votes of the Cabinet.
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.
Click to expand...

And finally Articles V, VI, and VII in the Constitution will need to be renamed IV, V, and VI respectively.
 
this may take some time to get to vote - I want all of those pending apps finished, and I'll probably do a roll call soon
 
Regarding this:

Fel:
I can understand the necessity for check and balance so I am going to propose another option.

Let's give some emergency power of the CLO to the speaker, the power to emergency temporary halt any specific action taken by the cabinet, but added the clause that the action by the cabinet should then be put to the assembly for a review so that the assembly can decided whether to overturn the Speaker or reject the action.
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I agree with Dyr that this is too much power for one person (no offense to the speaker). Perhaps have the speaker perform this task in conjunction with someone else, eg the Chief Justice or some such?
 
definitely none taken - no one person should be able to stop the govt

Speaker + CJ makes sense...but we need one more person in this new "council" to break ties
 
AG is a bit random - particularly if you have the CJ in there already. Having said that I suppose it's the most logical out of the existing positions, since you don't really want a government appointee in the group as that would go against the purpose of the council.
 
Haor Chall:
AG is a bit random - particularly if you have the CJ in there already. Having said that I suppose it's the most logical out of the existing positions, since you don't really want a government appointee in the group as that would go against the purpose of the council.
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Yeah that's what I figured... AG was the best option I could think of off the top of my head.
 
How about CJ + Speaker + member of the RA selected in alphabetically for a term of 3 weeks each(or maybe more or less)?

Although, I think AG work too.
 
This is a massive grave-digging, but I believe it is something that should be discuss. Especially with the latest election which result in the failure to complete the CLO roster.

My point of concern is that the CLO have shown to be a complete failure in it's duty to question and investigate the executive with an extra eye on cabinet discussions as can be seen from the general inactivity of the previous government. The region simply have no needs for this position anymore and failure to response to the coup and Ermarian absence, also with our current delegate decision to largely disband the government and the fact that NationStates and The North Pacific is only getting smaller and will no longer have that large pool of new player to pull from.

I am suggesting that we abolish the entire CLO. While I appreciated the idea of counter-balance to the cabinet and delegate power, I simply do not thing that CLO can do it.
 
Well, the CLO has done it in the past; it's a question of understanding what it is supposed to be and where the concept originated.

The problem remains that the ability to countermand an Executive action for review on an expedited basis is still needed, and merely abolishing the CLO won't do it.

That is, in a nutshell, is the problem that still has to be resolved. You could give this power to the Court, perhaps with the Speaker and the AG having the authority to invoke the Court's jurisdiction; but we'd have to make sure that the justices will be available on call (right now, the Court only has two justices because Eluvatar sort of vanished a few months ago without warning and he's an admin.)
 
Out of curiosity, would Members prefer to use the proposal presented by ex-Member JAL, or would Members prefer to write their own drafts on this issue?
 
Original is fine. . . snip, snip. . . who watches the watchmen? End the paranoia.
 
The only problem with using JAL's proposal (as it was modified) is that someone has to take responsibility for accepting changes and modifications to the proposal. It needs an active sponsor, in other words.

Don't look at me; because I think this needs some work before it would be acceptable as a proposal (see my previous post.)
 
Speaking at a whim, and feel free to dismiss this if need be, but perhaps shift the responsibilities from the CLO to the Speaker and the Chief Justice?
 
I will be a sponsor for this proposal if it need one and I agree with the idea of giving cabinet access and ability to invoke the Court's jurisdiction to the Speaker and Chief Justice.
 
John Ashcroft Land:
Article I:
Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, CLO members, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly, CLO, and Judiciary officials shall require a plurality vote of the Assembly,
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the Assembly.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.
Click to expand...

Article II:
Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet
Click to expand...

Article V:
Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.
4. The Chief Justice is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet
Click to expand...

Article IV: Council of Legal Oversight

Section 1: Membership and Powers

1. The Council of Legal Oversight (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.
2. The CLO is to be given access and speaking privileges within the private Cabinet areas but are not allowed to take part in votes of the Cabinet.
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.
Click to expand...

And finally Articles V, VI, and VII in the Constitution will need to be renamed IV, V, and VI respectively.
Click to expand...
Under Fel's sponsorship. . . just added what was discussed
 
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.
Click to expand...

This is the part that, based on the discussion in this thread, needs to be adapted so that the Court can assume this authority.

Something like:
(Current) Article V, Section 2

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. The Speaker may, with the concurrence of the Chief Justice, place an emergency temporary halt on any specific action undertaken by the Executive branch, and present the matter to the Court for consideration as to its validity.
5. The Court may vote to immediately bring any piece of legislation to an emergency vote before the Assembly in response to the presentment.
Click to expand...
 
Fishalamode:
Submitting the following amendment, 3rd revision: "Abolishing the CLO" for review and discussion.

Article I:
Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, CLO members, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly, CLO, and Judiciary officials shall require a plurality vote of the Assembly,
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the Assembly.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.
Click to expand...

Article II:
Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.
4. The Speaker may, with the concurrence of the Chief Justice, place an emergency temporary halt on any specific action undertaken by the Executive branch, and present the matter to the Court for consideration as to its validity.
Click to expand...

Article V:
Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.
4. The Chief Justice is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. The Chief Justice may, with the concurrence of the Speaker, place an emergency temporary halt on any specific action undertaken by the Executive branch, and present the matter to the Court for consideration as to its validity.
5. The Court may vote to immediately bring any piece of legislation to an emergency vote before the Assembly in response to the presentment.
Click to expand...

Article IV: Council of Legal Oversight

Section 1: Membership and Powers

1. The Council of Legal Oversight (CLO) is to be comprised of the Speaker of the Assembly and three specially-elected members of the Assembly.
2. The CLO is to be given access and speaking privileges within the private Cabinet areas but are not allowed to take part in votes of the Cabinet.
3. The CLO may, with the approval of at least three of the four members, place an emergency temporary halt on any specific action undertaken by the Executive branch.
4. The CLO may vote to immediately bring any piece of legislation to an emergency vote before the Assembly.
Click to expand...

And finally Articles V, VI, and VII of the Constitution will be renamed Articles IV, V, and VI respectively.
Click to expand...
 
5. The Court may vote to immediately bring any piece of legislation to an emergency vote before the Assembly in response to the presentment.
Click to expand...

I believe the speaker should also have a said in this part so I am proposing this bit of tweak to current proposal. The rest is the same.

Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.
4. The Speaker may, with the concurrence of the Chief Justice, place an emergency temporary halt on any specific action undertaken by the Executive branch, and present the matter to the Court for consideration as to its validity.
5. The Speaker may, with the concurrence of the Court, may vote to immediately bring any piece of legislation to an emergency vote before the Assembly in response to the presentment.
Click to expand...

Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.
4. The Chief Justice is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. The Chief Justice may, with the concurrence of the Speaker, place an emergency temporary halt on any specific action undertaken by the Executive branch, and present the matter to the Court for consideration as to its validity.
5. The Court may, with the concurrence of the Speaker, vote to immediately bring any piece of legislation to an emergency vote before the Assembly in response to the presentment.
Click to expand...
 
I may be overlooking something, but I see no place in our critical docs which defines a "cabinet." Is that true?
 
This is the only mention in the Constitution. The composition and structure (and titles) of the Cabinet is left to each Delegate.

Article III Constitution:
Article III: Executive Branch

The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.
Click to expand...
 
Grosseschnauzer:
This is the only mention in the Constitution. The composition and structure (and titles) of the Cabinet is left to each Delegate.

Article III Constitution:
Article III: Executive Branch

The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.
Click to expand...
Click to expand...

So then:
1) The Delegate can elect not to have a Cabinet?

2) The Delegate can assign nations not resident in The North Pacific?

Again, forgive me if I'm just being screwy. . .
 
I think that is a very interesting questions, especially on the first one, and I would love to hear the answers from both our speaker and Chief Justice.
 
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