Garde à l'eau!
Here's the proposition. Either as a stand-alone Constitutional Amendment or as a specific stand-alone law:
No person who holds an elected position shall be subject to recall unless a specific violation of a specific law or legal requirement of position is cited. A trial conducted by the Regional Assembly shall determine the results in which a two thirds numerical majority conviction is required for removal of said person from elected position.Purpose of legislation:
To prevent the removal of a person from elected office for trivial, arbitrary or capricious reason.
It is too easy to remove or force a person from office for arbitrary and capricious reason. It also to easy to systematically recall and remove people from office for reasons of personal animosity or personal gain, or to remove someone from an elected position for reasons not supported by the Law or Constitution.
Apology (in the literary sense and not the colloquial usage):
The use of recall to undermine the government is a weakness in The North Pacific. You can systematically remove government officials one by one or wholesale if one gains a sufficiant majority. No legal basis needs to be cited. All you have to do is to convince enough people to remove someone and it is done. This is a seed for usurpers, bullies and rogues.
For example - someone has a hatred for a particular person, drums up enough hatred for that person and then recalls them from office without the victim having done anything in violation of any law, rule or regulation. If an elected office holder is recalled without any legal cause in terms of violations of the Law and Constitution, it means that elections are meaningless and subject to arbitrary reversal on a whim.
This particular weakness is an invitation to usurpers and rogues because instant and immediate discord can be drummed up in instant without anyone having any time to understand what is going on. We've seen this before in other recalls. No one is give the opportunity to object and in some instances vote or otherwise register the proper legal objection.
This is an exploit that must be closed.
It might be argued that a recall for any reason is 'the will of the people'. Yes, indeed, the will of the people at a given instant which can be exploited and manipulated. It was the will of the people to elect an official at a given point of time also. And if the will of the people decides at an uninformed instant to remove an official without proper violation of a legal point, it is an instant negation of an election thus rendering elections meaningless because they can be reversed on a whim reducing stability and regional security.
I wish the members of the RA to seriously consider, discuss and modify this proposal as needed for serious consideration before a vote.
The Speaker may extend the traditional discussion of this matter if the rules so apply.