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Proposal: The Antiquated Statute Halt (ASH) Act
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Wintermoot
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  • This proposal completely repeals five Acts that are not in line with the current constitution, either because they're about bodies that have been eliminated or powers that are no longer considered legislative authorities.

    Quote
    Title
    1) This Act shall be titled the Antiquated Statute Halt (ASH) Act.

    Provisions
    2) The following Acts are repealed in full:
      2.1) The Judicial Offices Act
      2.2) The Code of Criminal Laws
      2.3) The Underhusen Elections Clarification Act
      2.4) The Declassification of Private Storting Discussion Procedure Act

    Original Proposal
    Title
    1) This Act shall be titled the Antiquated Statute Halt (ASH) Act.

    Provisions
    2) The following Acts are repealed in full:
      2.1) The Judicial Offices Act
      2.2) The Code of Criminal Laws
      2.3) The Underhusen Elections Clarification Act
      2.4) The Persona Non Grata Act
      2.5) The Declassification of Private Storting Discussion Procedure Act

    I'm considering voiding the Definition of Abstention Act as well, because outside of legislative procedural rules I'm not sure the legislature has the power to define what an abstention means. I'm thinking it's probably best done as an amendment to the Fundamental Laws, but I'd like to hear input before making a decision.
    1 person likes this post: taulover
    « Last Edit: March 23, 2021, 08:14:20 PM by Wintermoot »


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    Sapphiron
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  • Perhaps Procedural Rules of the Underhusen Act can be included as well, last amended by Procedural Rules Simplification Act.

    On the Definition of Abstention Act, I concur with voiding it as well. Unless the Landsraad and the Riksraad intend to operate by different voting rules, a fundamental amendment inserting a new article on Voting Procedure with provisions adapted from the Procedural Rules Simplification Act will probably suffice

    Authorised members may cast one of the following votes on proposals before their respective bodies:
          (a) Aye, indicating that the member is voting in favor of the proposal;
          (b) Nay, indicating that the member is voting against the proposal;
          (c) Abstain, indicating that the member is voting neither in favor of nor against the proposal but wishes their vote to be recorded.
    1 person likes this post: Gerrick
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    Gerrick
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  • Yeah if we're going to remove the Definition of Abstention Act, we should definitely remove it after adding a comparable section to the Fundamental Laws as abstentions could very much affect the outcomes of referendums.
    1 person likes this post: taulover

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    taulover
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  • One other possibility is to include it as Royal Decree, as presumably (given the Monarch's ultimate legislative powers) that has precedence over both Acts of Landsraad and Riksraad, and this would thus continue the law at a similar status to how it was previously. The cleanest way to do this I think would be as a modification to the existing Decree 13.

    Perhaps Procedural Rules of the Underhusen Act can be included as well, last amended by Procedural Rules Simplification Act.
    The procedural rules of the Storting were never statutory law, they were just procedural rules for bodies that are now defunct. I don't think there is a need to repeal them when they hold no jurisdiction.
    1 person likes this post: Gerrick
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    taulover
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    Sapphiron
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  • The procedural rules of the Storting were never statutory law, they were just procedural rules for bodies that are now defunct. I don't think there is a need to repeal them when they hold no jurisdiction.
    It's more symbolic in the sense of archiving a more complete compilation of key acts (procedural or substantive) passed by a now abolished body
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    taulover
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  • Okay, more strongly: it does not make sense to repeal procedural rules of a now-defunct body. It is not part of the legal system and it would be incredibly strange to address them through a law intended to void statutes that conflict with the current Fundamental Laws.
    1 person likes this post: Gerrick
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    taulover
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    Weissreich
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  • I'm with Tau on this one, the Procedural Rules were internal rules only and never codified into law, so they're not really required to be added in here.
    2 people like this post: taulover, Gerrick
    Duke Klause Edíl-Astos Meindhert
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    Wintermoot
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  • Amended
    I've amended the proposal to include the Declaration of Govindia as PNG, as the ability to declare someone PNG is no longer a legislative authority and his PNG has been continued in Decree 014.

    Quote
    Title
    1) This Act shall be titled the Antiquated Statute Halt (ASH) Act.

    Provisions
    2) The following Acts are repealed in full:
       2.1) The Judicial Offices Act
       2.2) The Code of Criminal Laws
       2.3) The Underhusen Elections Clarification Act
       2.4) The Persona Non Grata Act
       2.5) The Declassification of Private Storting Discussion Procedure Act
       2.6) The Declaration of Govindia as Persona Non Grata


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    Wintermoot
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  • Additionally, I've drafted a constitutional amendment to resolve the issue regarding abstain votes, and will hold off on further action on the ASH Act until that's resolved.

    As for the Storting procedural rules, I agree with taulover and Weissreich that their procedural rules went down with the ship. I don't feel that strongly about it though, so I would be fine if the consensus was to explicitly void them as well. I just don't feel that it's strictly necessary to do so.
    1 person likes this post: Weissreich


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    taulover
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  • Wait, do we require a new Royal Decree establishing the framework for PnG declarations? Because now there is no explanation which in a sense makes Persona Non Grata legally meaningless.
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    taulover
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    Wintermoot
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  • @taulover: I don't think we do at the moment. Whether it was originally a legislative or executive power, they're both tied in me at the moment and I haven't delegated PnG authority to either the Riksraad or the Landsraad.

    It's something to make a note of when we eventually finalize the legislature into the Fundamental Laws though. 


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    taulover
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  • My thought is more that we don't even define persona non grata at all anywhere, so would be concerned that PnG declarations arguably carry no meaning/weight.
    1 person likes this post: Gerrick
    Résumé
    Wintreath:
    Citizen: 8 April 2015 - present
    From the Ashes RP Game Master: 29 November 2015 - 24 July 2018
    Skydande Vakt Marshal: 29 November 2015 - 28 February 2017
    Skrifa of the 13th Underhusen: 13 December 2015 - 8 February 2016
    RP Guild Councillor: 9 February 2016 - 6 March 2018
    Ambassador to Lovely: 23 February 2016 - 17 August 2016
    Werewolf VII co-host: 11 May 2016 - 5 June 2016
    Skrifa of the 18th Underhusen: 8 October 2016 - 7 December 2016
    Ambassador to Balder: 1 December 2016 - 1 March 2022
    Skrifa of the 19th Underhusen: 7 December 2016 - 9 February 2017
    Ambassador to the INWU: 11 March 2017 - 1 March 2022
    Ambassador to the Versutian Federation: 18 August 2017 - 22 March 2018
    Thane of Integration: 29 September 2017 - 7 March 2018
    Speaker of the 24th Underhusen: 10 October 2017 - 7 December 2017
    October 2017 Wintreath's Finest: 4 November 2017
    Speaker pro tempore of the 25th Underhusen: 9 December 2017 - 7 February 2018
    Wintreath's Finest of 2017: 6 January 2018
    Werewolf XIV host: 20 January 2018 - 23 February 2018
    February 2018 Wintreath's Finest: 5 March 2018
    Thane of Embassy Dispatches / Foreign Releases and Information / Foreign Dispatches: 7 March 2018 - 15 March 2020
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    Weissreich
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  • Sounds like it might be something to get codified tbh, PnG (whilst rarely used, as it should be) is an important tool for moderation. As it's the effective online form of execution or banishment, it definitely should be made clear what it is and when it may be used.

    E: I'm fairly sure PnG has always been the purview of the Monarch, and I think it's best that it remains so - or perhaps delegated between the Monarch and the trusted membership of the Cabinet? I'm torn between respecting the security having Moot's finger on the button represents and wanting to see it a little more democratic, but I'd happily err on the side of caution on this one.
    1 person likes this post: Gerrick
    « Last Edit: March 15, 2021, 11:22:16 PM by Weissreich »
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  • Yeah, it might be easiest for Wintermoot to just amend Decree 014 to add a section that defines what a Persona Non Grata status means and what it entails.
    1 person likes this post: Weissreich

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    taulover
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  • E: I'm fairly sure PnG has always been the purview of the Monarch, and I think it's best that it remains so - or perhaps delegated between the Monarch and the trusted membership of the Cabinet? I'm torn between respecting the security having Moot's finger on the button represents and wanting to see it a little more democratic, but I'd happily err on the side of caution on this one.
    PnG was shared by Monarch and Storting, with neither having any power over the other's PnG declarations, see Persona Non Grata Act. This was possible because Storting had power over citizenship. The administrative aspect of PnG was legally a non-binding request, because both the Monarchy and legislature are legally distinct from administration.

    Now there is no legal definition of PnG, which isn't really good since there are several active PnG declarations.
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    Wintreath:
    Citizen: 8 April 2015 - present
    From the Ashes RP Game Master: 29 November 2015 - 24 July 2018
    Skydande Vakt Marshal: 29 November 2015 - 28 February 2017
    Skrifa of the 13th Underhusen: 13 December 2015 - 8 February 2016
    RP Guild Councillor: 9 February 2016 - 6 March 2018
    Ambassador to Lovely: 23 February 2016 - 17 August 2016
    Werewolf VII co-host: 11 May 2016 - 5 June 2016
    Skrifa of the 18th Underhusen: 8 October 2016 - 7 December 2016
    Ambassador to Balder: 1 December 2016 - 1 March 2022
    Skrifa of the 19th Underhusen: 7 December 2016 - 9 February 2017
    Ambassador to the INWU: 11 March 2017 - 1 March 2022
    Ambassador to the Versutian Federation: 18 August 2017 - 22 March 2018
    Thane of Integration: 29 September 2017 - 7 March 2018
    Speaker of the 24th Underhusen: 10 October 2017 - 7 December 2017
    October 2017 Wintreath's Finest: 4 November 2017
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    Commendation of Wintreath: 24 September 2020
    Peer of the Overhusen: 9 December 2020 - 8 February 2021
    Vice Chancellor of the Landsraad: 26 May 2021 - 15 September 2022
    Arena Game 8 Host: 10 June 2021 - 19 July 2021
    June 2021 Wintreath's Finest: 5 July 2021
    Regional Stability Squad: 28 February 2023 - present
    Minecraft Server Admin: 8 March 2023 - present

    Aura Hyperia/New Hyperion:
    Plebeian: 16 April 2014 - 21 July 2014
    Patrician: 21 July 2014 - present
    Adeptus Mechanicus: 24 October 2014 - 16 November 2014
    Co-founder of New Hyperion: 29 October 2014 - present
    Lord of Propaganda: 16 November 2014 - present
    Mapmaker for Official Region RP: 27 November 2015 - present
    WACom Delegate: 11 November 2017 - present
    Other positions: Hyperian Guardsman, Hyperian Marine (Rank: Scout)
    taulover
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