Proposal

Eluvatar

Eluvatar

TNPer
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Zemnaya Svoboda
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Eluvatar#8517
That's it, I'm accepting that I'm not getting a Constituent Assembly, or an expiration date. This is not the way I would have preferred to go about this, but it'll have to do.

Let's hold a discussion right here, right now.

Since we don't have a proportionally elected council who's opinions actually reflect the region, this is going to by my proposal. If I don't like suggested changes, I won't accept them. If you think they're to die for, make your own proposal. It's a free region.

Proposed Constitution Draft
Legal Code Reorganized and Revised

Some questions I'd like to discuss with my fellow members of the Regional Assembly, preferably in the form of polls:

1. Do we want an elected legislature at all? I think it would be helpful to activity and to fairness, particularly if we could get the less forum-active nations involved in selecting our legislators. (poll!)

2. If the answer to (1) is yes, how many should it be? Currently I've specified it to be 7 at the current Delegate endorsement level, but it could drop to 5 pretty easily. Is it important the Council have an odd number of members? Should the requirements be adjusted down, to perhaps 1 councilor every 30 instead of every 40 endorsements on the Delegate? (poll!)

3. In the current draft, the Vice Delegate is elected by the Security Council, trying to make them less of a political position and more of an administrative position. Is this stupid? (poll!)

4. In the current draft, it is a semipresidential system, with a more easily replaceable Prime Minister who is head of government, but appointed and removable by the Delegate. Good? Bad? (poll!)

5. This draft reintroduces jury trials, but makes jury selection *after* deliberations to avoid jury disappearance problems. I think this improves the quality of judicial decision-making without slowing things down. Yes? No? (poll!)

6. In my reorganization of the Legal Code I tried to avoid changing substantive things except where the constitutional changes I'm proposing require them. I also didn't bother to revise the language of the Rules of Evidence. Is that the right way to go about it? (poll!)

In addition, feel free to comment on the docs or here.

Edit: added polls
 
Might I suggest using the comments I left on the Legal code to optimize speed?

Presumably one can initially skim over those parts which are simply reorganization of existing law.
 
Admin/Mod: For the convince of easier access, I request this topic be pinned in this section of the forum.
 
The Speaker does have power to pin and unpin topics.

Are you sure we can't put this in a special subforum so people know which threads are related to this?
 
I would be happy to do that if the Speaker were to approve of such a special committee board.

I would suggest that we consider opening it to Citizen non-RA members as well.

I am prepared to do the work of verifying Citizens for that purpose.
 
Citizen masks should be able to see these threads now, but a separate subforum would facilitate permissions for posting.

We could even revive the Registered Voter mask for those whose status is verified; I believe we did save the RV badges, and I think I know where we can find exemplars of those if need be. (And the permissions for posting would still need a separate subforum to avoid overlap with other RA voting and discussion threads.
 
I'm trying to clear time to wade through this, but I have some other RL stuff I need to address in the next few days. (I've been waiting on others to do what I needed them to do so I could then do my part, and I couldn't do it for them). Those things are a RL priority.
 
I finally had a chance to read the draft Constitution and Legal Code revisions, and I have fewer problems with the Legal Code reorganization than I have with the draft Constitution.

I don't like the rewrite of the Bill of Rights. I don't like removing of some of the protections contained in the current language, or placing all of the emergency discretion authority in just the Delegate's hands. That area gets a "no go" from me. The Bill of Rights has withstood three Constitutions so it seems to be pretty durable and does not need a rewrite.
Don't like the General Council as a concept as presented. You might get my interest in a Village/Town Hall approach which was used in the NPC era constitution, but which was set aside at the Constitutional Convention for the Regional Assembly.
I'd much prefer a town council where the elected members would be the heads of whatever areas are defined by law, with a Delegate in the mayor role, and the Speaker as a Town Moderator. And discussions and votes would be down in a town hall format with Registered Voters/Citizens. No R.A. as such.
The suggestion I have for the Court is one chief justice and three associate justices. The three justices who don't handle the trial of a particular case would be the appeal panel of that case. And the temporary judicial officer provision would cover any absence of a justice for a given case.
There's no reason why most of the rules of evidence can't be applied to a civil proceeding, but we do need some indication of what a civil case would be.
I also question, seriusly, the idea of a three week election cycle for the "General Council" and the sixty day term for the AG. Don't see the rationale for either, and it might create so much instability that it would have a negative effect.
I'm sure I'll come up with more, but let's start with those for starters.
 
I've come to the conclusion that the General Council ain't gonna happen.

The rest of your post I'll respond to in a bit.
 
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