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[PROPOSAL] The FLAMES Act (v2)
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Gerrick
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  • The purpose of this version of the proposal to BURN DOWN THE UNDERHUSEN is purely that: BURN DOWN THE UNDERHUSEN. It does not create a replacement for the Storting; it only ensures its destruction. All executive and legislative powers will for now be vested in the Monarch. This will allow us to BURN DOWN THE UNDERHUSEN, and then afterwards we can experiment with a replacement legislature. Let's not get bogged down in the minutiae of what could possibly be best the replacement/reforms but rather take the first step of removing the Storting before we work to create a better legislature, whatever that may be.
    Quote
    Title
    This act shall be cited as the Failed Legislature Annihilation and Monarchical Executive Supremacy (FLAMES) Act.

    Amendments
    1. Sections I and II of the Fundamental Laws shall be amended to read as follows:
    Quote
    I. The Monarchy
    1. All Executive and Legislative authorities and duties shall be vested in the Monarch of Wintreath.

    2. The Monarch shall have the authority to delegate Executive and Legislative powers and duties to subordinate officials and to create subordinate offices at their discretion.

    3. The Monarch shall have the authority to determine the line of succession and to appoint their own successor.
        a. In the event that the Monarch takes a leave of absence or has been absent without taking leave for one hundred and sixty-eight (168) hours, the successor shall assume the Executive authorities and duties as Regent of Wintreath until the return of the Monarch.

    4. The Monarch shall have the authority to serve as World Assembly Delegate of Wintreath or to delegate the authority to a subordinate official.

    5. The Monarch shall have the authority to issue decrees in relation to policies concerning the internal affairs of the Executive, the military, foreign affairs, familial houses, the nobility, and any other Executive authority which has been expressly granted through this document or any relevant laws.

    6.  As the Legislative authority of Wintreath, the Monarch and their delegated subordinate officials shall have the authority to pass legislation, repeal previously passed legislation, propose amendments to these Fundamental Laws, and take any other action deemed necessary and proper to execute the authorities and duties vested in the Monarch by these Fundamental Laws.
        a. The Monarch shall have the authority to declare war upon another region or organization.
        b. The Monarch shall have the authority to ratify or reject treaties with other regions or organizations.

    II. Referendums
    1. Only Citizens of Wintreath shall be eligible to vote in referendums.

    2. Referendums shall be overseen by the Monarch or the Monarch's designee.

    3. In any referendum, Citizens shall have the option to post their votes publicly or send their votes to the person overseeing the referendum via private message.

    4. Referendums shall open on the first day of the month after a petition has garnered the requisite number of signatures.
        a. Referendums shall be open for one hundred and sixty-eight (168) hours.

    5. A petition that has failed to garner the requisite number of signatures may not be petitioned again until the beginning of the following month.

    6. Any Citizen shall have the right to petition to place a non-binding resolution on the ballot of the next referendum.
        a. If six (6) Citizens, including the petitioner, sign the petition within one hundred and twenty (120) hours of its creation, it shall be included on the ballot of the next referendum.

    7. Any Citizen shall have the right to petition to place a proposal to amend the Fundamental Laws on the ballot of the next referendum.
        a. If eight (8) Citizens, including the petitioner, sign the petition within one hundred and twenty (120) hours of its creation, it shall be included on the ballot of the next referendum.

    2. Section V.2 of the Fundamental Laws shall be amended to read as follows:
    Quote
    Citizens shall have the right to be informed of the reasoning behind and provided with any relevant documentation for any decision to revoke their Citizenship, and shall have the right to contest this decision before the Monarch.

    3. Section V.3 of the Fundamental Laws shall be amended to read as follows:
    Quote
    Citizens shall have the right to vote in all referendums.

    4. Section VII of the Fundamental Laws shall be be amended to read as follows:
    Quote
    VII. Constitutional Amendments
    1. No section under Administration may be amended without the consent of The Winter Nomad.

    2. Any Citizen shall have the right to petition to propose amendments to the Fundamental Laws as defined in Section II.7.

    3. The Monarch shall have the authority to propose amendments to the Fundamental Laws.

    4. Any Constitutional Amendment shall be considered ratified if approved by both the Monarch and by a two-thirds supermajority of the Citizens of Wintreath voting at referendum.

    5. Sections III and IV shall be struck from the Fundamental Laws, and all subsequent sections shall be renumbered accordingly.

    Edits:
    Gave the Monarch all Legislative powers and allows him to delegate those powers to other offices.
    Removed the whole section on the Riksrad and changed the numbering accordingly.
    Removed I.3.b (regarding the Riksrad selecting the Monarch's successor if they had not done so before abdicating/taking an extended leave of absense) since the Riksrad will no longer be in the Fundamental Laws.
    Altered V.2 to remove the Cabinet since it will no longer be in the FL.
    Gave the Monarch the authority to declare war on and ratify and reject treaties with other regions.
    Removed mentioning of the Storting in the Constitutional Amendments section.
    Gave Citizens the right to petition to amend the Constitution.
    Changed the word Constitution to Fundamental Laws in the Constitutional Amendments section.
    Changed V.2 to allow citizens to contest revocations of citizenship to the Monarch instead of the Adminstration.
    Changed Section II from Elections to Referendums and defined the referendum process.
    Changed VII.2 to reference the new Referendums section.
    Changed V.3 to give citizens the right to vote in all referendums instead of just striking the subsection.
    Changed the name of the bill to the Failed Legislature Annihilation and Monarchical Executive Supremacy Act.
    The FLAMES Act v1
    Quote
    Title
    This act shall be cited as the Failed Legislature Annihilation and Modification of Executive Structure (FLAMES) Act.

    Amendments
    1. Sections I-III shall be amended to read as follows:

    Quote
    I. The Monarchy
    1.All Executive authorities and duties shall be vested in the Monarch of Wintreath.

    2. The Monarch shall have the authority to delegate Executive powers and duties to subordinate officials and to create subordinate offices at their discretion.

    3. The Monarch shall have the authority to determine the line of succession and to appoint their own successor.
        a. In the event that the Monarch takes a leave of absence or has been absent without taking leave for one hundred and sixty-eight (168) hours, the successor shall assume the Executive authorities and duties as Regent of Wintreath until the return of the Monarch.
        b. In the event that no successor has been appointed and the Monarch abdicates, takes a leave of absence, or is otherwise unable to discharge their office, then the Riksråd shall by two-thirds (⅔) supermajority vote appoint a successor.

    4. The Monarch shall have the authority to serve as World Assembly Delegate of Wintreath or to delegate the authority to a subordinate official.

    5. The Monarch shall have the authority to issue decrees in relation to policies concerning the internal affairs of the Executive, the military, foreign affairs, familial houses, the nobility, and any other Executive authority which has been expressly granted through this document or any relevant laws.

    II. The Riksråd

    1. The Riksråd shall serve as the official cabinet to the Monarch, and shall also serve collectively as the legislative authority of Wintreath.
        a. As the legislative authority of Wintreath, the Riksråd shall have the authority to pass legislation, repeal previously passed legislation, propose amendments to these Fundamental Laws, and take any other action deemed necessary and proper to execute the authorities and duties vested in the Riksråd by these Fundamental Laws.
        b. The Riksråd shall have the authority to declare war upon another region or organization.
        c. The Riksråd shall have the authority to ratify or reject treaties with other regions or organizations.
        d. The Monarch shall preside over the Riksråd or appoint a sitting member to do so. In the event of a tie, the Monarch shall cast the sole tie-breaking vote.
        e. Legislation, with the exception of amendments to these Fundamental Laws, shall require a simple majority of all voting members of the Riksråd to be in favor in order to pass.
        f. Each member of the Riksråd shall have one vote in all business before the Riksråd. The Monarch shall only have a vote in the event of a tie.
        g. All legislation not passed before the next regular election will be considered tabled.

    2. Each department in the Riksråd shall be headed by a Jarl, who shall be appointed by and serve at the pleasure of the Monarch.
        a. No person shall serve as Jarl for more than one department, except in a temporary and acting capacity. During such a temporary service, said Jarl will still hold only one vote in all Riksråd affairs.

    3. Each Jarl may be assisted by a number of Thanes, who shall report directly to their respective Jarl.
        a. Thanes shall be elected by the Citizens of Wintreath in elections that begin on the first day of March, June, September, and December.
        b. The number of Thanes reporting to each Jarl and each Thane’s responsibilities shall be determined by the Monarch.
        c. No person shall serve as Thane for more than one department, except in a temporary and acting capacity. During such a temporary service, said Thane will still hold only one vote in all Riksråd affairs.
        d. In the event of a vacancy between elections, the Jarl of the ministry the position is within may appoint a Thane with the approval of the Monarch to serve the remainder of the term.

    4. The Monarch may appoint Royal Advisors to the Riksråd, who shall hold no specific duties except for advising the Riksråd and Monarch on specific topics.
        a. Royal Advisors shall hold no voting privileges in any Riksråd affairs.

    III. Elections
    1. Only Citizens of Wintreath shall be eligible to vote in elections, stand for elected office, or assume any elected office. The Monarch may not stand for or assume any elected office.

    2. Elections shall be overseen by the Monarch or the Monarch's designee. No person shall oversee an election in which they are running.

    3. In any election, Citizens shall have the option to post their votes publicly or send their votes to the person overseeing the election via private message.

    4. Elections shall be decided by plurality vote and shall be open for one hundred and sixty-eight (168) hours.
        a. Any election that ends in a tie shall be decided in a run-off election, which shall begin within forty-eight (48) hours of the end of the previous election.
        b. Run-off elections shall be open for seventy-two (72) hours.

    5. Any Citizen who voted in the previous regular election as defined in Article II, Section 3a shall have the right to petition to place a non-binding proposal on the ballot of the next regularly scheduled election.
        a. A proposal shall be included in the next regular election if the greater of thirty percent (30%) rounded down or six (6) Citizens who voted in the previous election, including the petitioner, sign the petition within one hundred and twenty hours (120) of its creation. The Monarch shall then verify that all signatories to the petition voted in the previous election.
        b. A proposal which failed to garner the requisite number of signatures may not be petitioned again until after the next regular election.

    2. Section V.2 of the Fundamental Laws shall be amended to read as follows.
    Quote
    Citizens shall have the right to be informed of the reasoning behind, and provided with any relevant documentation for, any decision to revoke their Citizenship, and shall have the right to contest this decision before the Cabinet and/or Administration.

    3. Section V.3 shall be struck from the Fundamental Laws, and all subsequent sections shall be renumbered accordingly.

    4. Section IV shall be struck from the Fundamental Laws, and all subsequent sections shall be renumbered accordingly.
    5 people like this post: Red Mones, Doc, Laurentus, taulover, Ogun of Valeria
    « Last Edit: January 21, 2021, 05:10:29 AM by Gerrick »

    Duke of Wintreath and Count of Janth
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    Gerrick
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    taulover
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  • I feel like if this is the route being taken, then the Legislative powers should be outlined, i.e. something like this

    Quote
        a. As the legislative authority of Wintreath, the Monarch and their delegated subordinate officials shall have the authority to pass legislation, repeal previously passed legislation, propose amendments to these Fundamental Laws, and take any other action deemed necessary and proper to execute the authorities and duties vested in the Monarch by these Fundamental Laws.
        b. The Monarch shall have the authority to declare war upon another region or organization.
        c. The Monarch shall have the authority to ratify or reject treaties with other regions or organizations.
    2 people like this post: Gerrick, Laurentus
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    taulover
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    taulover
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  • Article VII (constitutional amendment procedure) would also need to be revised.
    1 person likes this post: Gerrick
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    taulover
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    Laurentus
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  • So are we taking this to vote or...
    In die donker ure skink net duiwels nog 'n dop, 
    Satan sit saam sy kinders en kyk hoe kom die son op. 
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    Michi
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  • If we're removing the elected offices out of the fundamental laws and letting them be Monarch-decided, wouldn't it make sense to also remove the Elections bit and let that also be Monarch decided if they want elected-roles to exist?  ???

    Maybe remove Elections section entirely and add things such as "Citizens have the right to vote in Elections, should they occur" to the Declaration of Rights section.
    3 people like this post: Dawsinian, Laurentus, Gerrick
    « Last Edit: January 17, 2021, 07:55:18 PM by Michi »
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    Doc
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  • We elect Thanes under the present system and expect to continue to elect Thanes.
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    Michi
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  • My point is that there's going to be nothing in the FL to suggest that if we take out every passage about elected officials, so talking about elections in there is just going to be really weird.

    If we're not going to put the elected thane bit or CC in there, there's no reason why we need a bit on elections when the Monarch can just decree it, since that's the route you seem to want to take anyways.
    1 person likes this post: Laurentus
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    Michi
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    Laurentus
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  • Huh, bit of a radical thought here, but how difficult would it be to eradicate any and all legislation and start from scratch completely?
    In die donker ure skink net duiwels nog 'n dop, 
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  • We elect Thanes under the present system and expect to continue to elect Thanes.
    I believe Wintermoot has argued in the past that the election system specified in the Fundamental Laws doesn't apply to Thaneship elections. I've disagreed with that when he's brought that up, however, since the wording of the Fundamental Laws is fairly unambiguously clear to cover elections in general.

    On the other hand, I do think we quickly run into the issue that the wording in the Initiatives section refers to "regular elections" when it is debatable whether Thaneship elections count for that, especially as "regular election" is not defined in this proposal.

    My proposal is to keep the Initiative regulations but to remove any reference to regular elections. I have done similarly in my proposal for an initiative route to constitutional amendments.

    So are we taking this to vote or...
    Article VII (which involves the Storting in constitutional amendments) needs to be addressed first. I propose the possibility of bringing amendments to referendum either by initiative or monarchial fiat.

    Quote from: My proposed Article VII
    VII. Constitutional Amendments
    1. No section under Administration may be amended without the consent of The Winter Nomad.

    2. Any Citizen shall have the right to petition to propose amendments to the Constitution. If eight Citizens sign the petition within seventy-two hours of its creation, it shall be included on the ballot of a referendum election.

    3. The Monarch shall have the authority to propose amendments to the Constitution.

    4. Any Constitutional Amendment shall be considered ratified if approved by both the Monarch and by a two-thirds supermajority of the Citizens of Wintreath voting at referendum.
    The number 8 was chosen by scaling up the existing number 6 required for non-binding initiatives proportionally the same way 1/2 compares to 2/3.

    Huh, bit of a radical thought here, but how difficult would it be to eradicate any and all legislation and start from scratch completely?
    I don't see a point to that, and having to touch that would be more trouble than it's worth. Most of the laws passed to date are honors that we wouldn't want to revoke from people. The main other body of work governs citizenship law, which works well as-is. Then there are some other definition acts and some criminal laws which exist fine as they are. Some of the laws refer to a Storting, but I feel like if the Storting no longer exists it's safe to just ignore those clauses and call it a day.
    2 people like this post: Laurentus, Gerrick
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    Gerrick
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  • I added taulover's proposals to change the Constitutional Amendments section. Also changed the word "Constitution" to "Fundamental Laws" in that section since it was the only place it mentioned the word and so was sort of confusing.

    Here's a proposal to replace the Elections section of the Fundamental Laws. If we go with this, I would add that citizens shall have the right to vote in referendums in the Declaration of Rights section, and I would also change the wording of the new VII.2 to reference this new Referendum section.

    Note: the way Thane/CC elections take place now, these referendums would either take place at the same time as an election or take place on an off month, depending on when a petition gets the number of signatures needed.
    Quote
    II. Referendums
    1. Only Citizens of Wintreath shall be eligible to vote in referendums.

    2. Referendums shall be overseen by the Monarch or the Monarch's designee.

    3. In any referendum, Citizens shall have the option to post their votes publicly or send their votes to the person overseeing the referendum via private message.

    4. Referendums shall open on the first day of the month after a petition has garnered the requisite number of signatures.
        a. Referendums shall be open for one hundred and sixty-eight (168) hours.

    5. A petition that has failed to garner the requisite number of signatures may not be petitioned again until the beginning of the following month.

    6. Any Citizen shall have the right to petition to place a non-binding resolution on the ballot of the next referendum.
        a. If six (6) Citizens, including the petitioner, sign the petition within one hundred and twenty (120) hours of its creation, it shall be included on the ballot of the next referendum.

    7. Any Citizen shall have the right to petition to place a proposal to amend the Fundamental Laws on the ballot of the next referendum.
        a. If eight (8) Citizens, including the petitioner, sign the petition within one hundred and twenty (120) hours of its creation, it shall be included on the ballot of the next referendum.
    1 person likes this post: Laurentus
    « Last Edit: January 19, 2021, 05:58:02 AM by Gerrick »

    Duke of Wintreath and Count of Janth
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    taulover
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  • I'd like to make an observation that Citizenship is an IC thing, and so the new Section V.2 probably should be appealed to the Monarchy, not Administration.
    2 people like this post: Laurentus, Gerrick
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    Gerrick
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  • Yeah, I didn't really think about it like that, but that makes sense.

    Section VI (Administration) states:
    Quote
    4. The Winter Nomad and all subordinate administrative officials shall be responsible for protecting Wintreath properties from any content which is illegal, violates the terms of service of the provider of the Wintreath property, or otherwise brings harm to the region or community. Actions taken under this responsibility shall supersede the Declaration of Rights.
    This means that any administration ban -- which obviously entails a revocation of citizenship -- supersedes the right of the banned person to contest the decision. So any instances where a person has their citizenship revoked outside of an administration ban would mean they would contest the decision to the Monarch.

    I'll change that wording.
    1 person likes this post: taulover

    Duke of Wintreath and Count of Janth
    Patriarch of the Noble House of Burdock
    Curriculum Vitae
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    Recruitment Contest Winner: December 2015
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    Secretary of the 14th Underhusen: 8 February 2016 - 8 April 2016
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