Poll

What do you want from the Constitutional Convention?

An Open Assembly, as per the current proposal.
9 (31%)
An Open Assembly, as per the amendments listed in this thread/any others suggested.
11 (37.9%)
A Bicameral Assembly, as per a post I will make in this thread.
3 (10.3%)
No change from the current Underhusen/Overhusen system.
6 (20.7%)
Other (please comment with details)
0 (0%)
No preference.
0 (0%)

Total Members Voted: 21


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[DISCUSSION] Storting Reformation Amendment Act
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Weissreich
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  • Okay, folks, here it is! Your one-stop all-viewpoints-included thread for the Storting Reformation Amendment Act goodness :)

    I'll be drafting something up in the immediate future (not today) to rectify what I think most people perceive as the flaws in the current Act, but what I shall do before that is group together the complaints a lot of people seem to share about how it is now.

    1) The OA has no provision for a trust or probationary period before new citizens are allowed freedom within it to do and vote as they please. This came up in the original discussions, and was cast aside as not important, but I've seen others raise it again since. A simple trial period of a week before gaining full voting rights (can still be involved in the discussions) would serve easily to get around this.

    New suggestion: minimum post count requirement of around 15 posts before new members gain voting privileges in the OA - this is more a activity test than a security one but might lay some fears to rest.

    2) Tyranny of the Majority. This came up in the IRC several times and is what spurred me to post in the ratification thread about voting NAY to sort out the issues we obviously still have with the Bill in its current form. One thing I suggested in the IRC as a response to this was a requirement for a certain period of debate (much as the UH has the 48 hr period) - say, a week or 5 days. This avoids the potential pitfall of the appearance of total support for a Bill and then a swift passage before someone can point out flaws or raise concerns.

    During this timeframe, someone or someones should play Devil's Advocate and point out flaws or areas for improvement. This is to encourage a more critical eye when looking over legislation and ensure that in the future no Bill passes without first having been improved and revised to a higher standard. There is, after all, ALWAYS room for improvement.

    The suggestion for a majority vote was somewhere between 65% and 70% of those voting, so we'd need to decide on which of those we want to implement. This is for passing legislation, not Veto.

    3) The Veto. None of us really have a problem - or at least most of us don't - with Mootles having the veto, but perhaps a 2/3rd majority? And do we want someone or someones to hold an alternate veto power? Perhaps something like the Cabinet (or Officers in the new OA) who's duty it is to NOT VOTE on legislative matters but to hold a veto power in case it might be needed. Mootles would veto based on if it would damage the region, the Commission would veto more based on errors that might create loopholes etc that might have been missed.

    This brings a little element of bicameralism back into the system, but if this Commission or whatever it ends up being called is elected via Officer Term periods then I think it could work and provide a minor incentive for people to be involved.

    4) Abstaining. It's become clear that a simple "ABSTAIN" vote doesn't work in the contexts of ratifying such a colossal change to our legislative structure, and this raises issues with how it might work (or not work) in the future. I propose, and I'm open to suggestion here, adopting @tatte's understanding of how Abstain votes work (posted here) and a change from Abstain to Abstain: Not Voting and Abstain: Neutral to allow greater understanding for the reasons behind people's abstentions. This is by no means perfect, but I'm sure between us we can all work it out.

    This is being dealt with by the current UH, and any changes made therein will reflect forwards onto the eventual procedural rules of an Open Assembly.

    5) The role of Officers. Again, this came up on the IRC: what exactly would Officers do? I understand that the presiding officer would replace the Speaker, but the OA has the power to create new Offices and Officers. What sort of thing would they do?

    A Whip Officer has been suggested in order to secure as many votes on proposals as possible, as has a "Loyal Opposition" position (for Devil's Advocacy).

    EDIT: 6) Procedural Rules / Code of Conduct. This seems to be widely accepted as conventional wisdom, but in order to avoid any flaming or overly boisterous debate a CoC should be included in the Procedural Rules. Ideas welcome as to what sort of behaviour should be frowned upon (NOT BANNED, we don't ban anything beyond actually illegal stuff, AFAIK) and what sort of punishments the OA can met out for breaking it. As for Procedural Rules, getting them into the FL will prevent any changing of voting practice/behavioural expectations on a whim, not saying it would happen but it's best to be safe.

    This seems to be widely regarded as redundant, as we could legislate Procedural Rules into existence with an inbuilt supermajority requirement to avoid needless rules-editing.

    What this Bill isn't supposed to achieve is boosting activity. What it IS supposed to achieve is a system of legislation that we can ALL support. I know there are some against you who are against open assemblies on principle, so please use this thread as a place of discussion for why that might be and ideas on how to get around those pitfalls and improve the Wintrean system as much as possible :)

    Fire away, everyone! I'll edit this every day to include other areas we think could be improved, and then work them into a new draft of the Open Assembly bill within a few days :)


    EDIT: Also, for future reference - amendments should contain the Law as it stands now and the Law as it will be changed to. This helps us keep track of what has and hasn't changed, and is generally good practice.
    3 people like this post: Michi, tatte, HannahB
    « Last Edit: March 19, 2016, 07:13:38 PM by Weissreich »
    Duke Klause Edíl-Astos Meindhert
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    Weissreich
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    Laurentus
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  • Does anyone else feel like it's time to go completely with secret ballot when voting on laws and in elections?
    1 person likes this post: Gerrick
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    Chanku
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  • No. I don't see a reason.
    See you later space cowboy.
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    Laurentus
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  • You yourself called the current system a popularity contest...
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    Chanku
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  • It's not like making the voting private would change that.
    See you later space cowboy.
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    Chanku
    PB
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  • Does anyone else feel like it's time to go completely with secret ballot when voting on laws and in elections?

    After reading through the fiasco that went unchecked for a few hours in that voting thread, yes!  The constant vote-switching is also ridiculous.

    I also think it's a little premature to be rewriting the bill when voting has literally just begun.
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    Arenado
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  • As a supporter of the Act, let me try and address the concerns people have.

    1) My opinion on this is that it would do little to nothing to address people's concerns. If we are worried about another region invading, I doubt a week would deter them. If we are worried about creepy pricks like my former colleague then that to would be useless to. So any kind of waiting period would be unworkable.

    2) Tyranny of the majority, also know as democracy.

    3) Considering that Moot would still have to pass bills and acts, I see no problem. If we want someone else to have veto power, the OA can appoint someone.

    4) I always thought abstaining was simple, not a vote for or against, just stating that you don't want to vote.

    5) The role of officers can be decided by the OA. My personal idea would be a speaker to organize votes and other things, a vice speaker in case the speaker is unavailable and a whip to bring as many people as possible to vote.

    6) Again, we are putting the cart before the horse, a COC can be decided by the OA.

    I think an Open Assembly is the best way forward for all of us. If the people want more discussion or another way, however, I will oblige. I just wanted to get my two cents in.
    1 person likes this post: Laurentus
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  • Does anyone else feel like it's time to go completely with secret ballot when voting on laws and in elections?

    You know, that might not be a bad idea.
    I Hope You Have A Nice Day :]
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    Weissreich
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  • Thank you all for posting in here. I only request that any complaints or rectifications for the current act be listed here :)
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    HannahB
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  • Does anyone else feel like it's time to go completely with secret ballot when voting on laws and in elections?

    You know, that might not be a bad idea.

    What would the benefit of this be?
    1 person likes this post: Joshua Bluteisen
    HannahB
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    Michi
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  • As a supporter of the Act, let me try and address the concerns people have.

    1) My opinion on this is that it would do little to nothing to address people's concerns. If we are worried about another region invading, I doubt a week would deter them. If we are worried about creepy pricks like my former colleague then that to would be useless to. So any kind of waiting period would be unworkable.

    2) Tyranny of the majority, also know as democracy.

    3) Considering that Moot would still have to pass bills and acts, I see no problem. If we want someone else to have veto power, the OA can appoint someone.

    4) I always thought abstaining was simple, not a vote for or against, just stating that you don't want to vote.

    5) The role of officers can be decided by the OA. My personal idea would be a speaker to organize votes and other things, a vice speaker in case the speaker is unavailable and a whip to bring as many people as possible to vote.

    6) Again, we are putting the cart before the horse, a COC can be decided by the OA.

    I think an Open Assembly is the best way forward for all of us. If the people want more discussion or another way, however, I will oblige. I just wanted to get my two cents in.

    1) I do agree that the waiting period really means little, just as post count does, in that department.  Someone could be active for a week, and then leave the region forever.  Same goes for a month.

    2) No, North.  We're speaking of people who are afraid to speak up because the majority opinion is essentially the "only" opinion that matters.  Otherwise known as peer pressure or bandwagoning simply because you're afraid to go against the majority of voters.  That's something we don't want in the OA since it should be something where EVERYONE'S opinions matter.

    4) It's supposed to be simple, but it never has been...especially concerning bills that require a majority.
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    Laurentus
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  • Does anyone else feel like it's time to go completely with secret ballot when voting on laws and in elections?

    You know, that might not be a bad idea.

    What would the benefit of this be?
    No more bandwagoning? People being free to vote however they want without being judged?
    1 person likes this post: Gerrick
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    Michi
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  • Does anyone else feel like it's time to go completely with secret ballot when voting on laws and in elections?

    You know, that might not be a bad idea.

    What would the benefit of this be?
    No more bandwagoning? People being free to vote however they want without being judged?

    Shouldn't we be encouraging people to not judge rather than encouraging people to not have a public opinion on something?
    1 person likes this post: Chanku
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    Michi
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  • You want to change human nature?
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    Wintermoot
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  • We actually had a lot of these debates during the original Constitutional Convention, and these were some of the points raised...along with my own thoughts, especially where we didn't have these debates.

    1) This is something I even encouraged discussion about, so it was not 'cast aside' as not important. It's just that most people who participated felt that it did more harm than good. I'm not really opposed to some measure, but I don't see the purpose of a one-week waiting period. It's not going to deter any serious region or organization from infiltrating the region if all they have to do is to wait a week before can start voting. If we must have some sort of requirement here, I would support an activity requirement over a 'waiting' requirement.

    2) I'm not sure you can legislate away this problem...to some extent is's a problem with all democratic governments, but it may be a larger issue here in Wintreath since our culture places emphasis on consensus decisions. You can have a longer debate period, but this Convention had months of debate and discussion and that didn't avoid the problems that arose today. At times the Underhusen has also been apt to expedite debates and vote on legislation, even when it wasn't necessary to do so. I'm not sure the solution for this problem yet, but I don't think it's something that any legislation can fix on its own.

    3) The current version is actually the result of a compromise...if I remember correctly it was 2/3 to begin with, but after some people suggested an absolute veto this was the compromise. I don't personally really care, although of course I like 3/4 just fine, lol, but there are some people who want a strengthened Monarchy in the region, and this compromise was a nod to them.

    4) How about we vote aye if we support it, nay if we don't support it, and abstain if they are neutral toward it like it pretty much is already? If people absolutely don't want to vote, they could just...not vote. It's not as if voting is required or there's some punishment for not voting, even for those in the Storting as it is.

    5) I don't know what they would do, but it seemed like a good idea to have a system in place to allow the option for other officers if they were needed. When the Underhusen started it was just the Speaker, and then the Speaker Pro Tempore was written into the Procedural Rules, and much later the Secretary position was written into them. Arguably, even without the system written into the Fundamental Laws, the Storting could still create officer positions by modifying the Procedural Rules...so it may be unnecessary, but not due to lack of potential use.

    6) If there's a concern about things being changed on a whim, perhaps the solution is to make it more difficult to change the Procedural Rules instead of putting them directly into the Fundamental Laws. Don't forget that besides being ratified, amendments require approval from the Monarchy...just seems kinda odd to have veto power over Procedural Rules as an extension of that. :P
    1 person likes this post: Laurentus


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