[CA] Amendment to Multiple Articles

[Ladona]

Now that the CA that shouldn’t have been voted on has failed, I would like to bring the following amendments to discussion.

Article B: Legislative

Section 3: Legislative Process

1. Enactment, amendment, or repeal of legislation, and both ratification and repeal of a treaty or declaration of war submitted by the Delegate, shall be decided by majority vote.

2. If all other parties in a treaty formally withdraw from it, the treaty shall be repealed, immediately and without a vote of the Magisterium, unless alternate procedures have been specified within the treaty.

3. The Delegate may elect to, within ten days of passage in the Magisterium, veto or sign into immediate effect an enactment of a law, amendment, or repeal of legislation.

4. A lack of Delegate veto or signature within ten days of passage by Magisterium vote shall lead to the relevant law, amendment, or repeal of legislation being put into immediate effect after the ten day period expires.

5. The Magisterium may elect to override a Delegate veto of a law, amendment, or repeal of legislation by a 3/4 vote.5. 7.

Old Versions

OV001

If all other parties in a treaty formally withdraw from it, The East Pacific shall repeal the treaty automatically and with immediate effect unless alternate procedures have been specified within the treaty.

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Article C: Judicial

[…]

Section 2: Arbiter Confirmations and Re-Confirmations

1. Every six months, on the first of January and JulyDecember and June, discussion for re-confirmation of all sitting Arbiters shall be immediately begun by the Provost of the Magisterium.
2. Arbiters are appointed for a tenure lasting until the next re-confirmation of the cycle unless they are appointed in the month prior to re-confirmation, in which case they hold their seat until the second re-confirmation of the cycle.
3. After three days of discussion on re-confirmation, a vote will begin. All sitting Arbiters shall retain their seat for the duration of re-confirmation.
4. Should any Arbiter(s) fail the re-confirmation vote by the Magisterium, their seat is forfeited.
5. In the event of any vacancy in the Conclave, the Delegate Archon must nominate a new Arbiter within seven days.
6. An Arbiter cannot be nominated again for the same seat after their re-confirmation fails.

[…]

It was raised in Discord that there were issues with the Arbiter reconfirmations overlapping with the Archon elections. This helps solve that issue, while also preventing overlap between Arbiter reconfirmations and the Provost elections.

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Article E: Residency, Citizenship, Rights

[…]

Section 3: General Rights

1. Each Resident shall be free to serve in any office in The East Pacific, as limited by World Assembly Membership, Concordat ratification, and Citizenship.
2. Each Resident may submit to the Magisterium a legislative proposal for public debate and Magisterium vote, excluding those which may only be proposed by a specific governmental entity as according to this Concordat or statutory law.
3. All Residents that have gained Citizenship may vote in Delegate and Archon elections and Concordat referenda, except in the case that their Citizenship was confirmed during the voting period for the election or referendum in question.
4. Each Resident may leave the region freely.

Section 4: Rights During Trial

1. Each Resident shall be given a swift and impartial trial by the Conclave if an indictment is made against them.
2. Any Resident may appeal to the Conclave via trial on any government action taken against them.
3. Residents may not be banned or ejected for any reason not stated in law or this Concordat.
4. EachResidents shall not be tried twice for the same offence nor forced to self-incriminate unless new and compelling evidence has been presented to the Conclave nor forced to self-incriminate.
5. Residents shall not be forced to self-incriminate.
6. Residents shall not be denied the right to representation as limited by statutory law.

In my opinion Article E, Section 3, Paragraph 3 conflicts with Article D, Section 2, Paragraph 1 as it’s clear that only Viziers may vote in Delegate elections.

1. The Viziers shall elect a Delegate from amongst themselves to a term of one year. Following election, the Magisterium shall vote on confirming the Delegate. A simple majority vote in favour shall result in the confirmation of the candidate to the office of Delegate, else the Viziers shall begin another election.

Further it has been raised in Discord that Article E, Section 4, Paragraph 4 has a clause against self-incrimination twice. My interpretation is the first clause requires a resident to self incriminate if new and compelling evidence has been presented to the Conclave, which conflicts with the clause at the end of the paragraph that no resident shall be forced to self-incriminate. Because of this duplication leading to conflicting interpretation, and the fact that it is awkward placed as a tack-on, I’ve separated the protection against being forced to self-incriminate into a separate paragraph completely.

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Article F: The Administration

[…]

Section 2: Legal Procedures

1. This Concordat, nor any subsequent laws thereunder, provides the government of The East Pacific no authority over the Administration.

1. The government of the East Pacific is not granted any authority over the Administration either by this Concordat, nor by any subsequent law.
2. Any ban, decided by the Administration in consensus for violations of the applicable rules of conduct related to the official off-site services, shall be considered a ban under the law for the same duration, and executed as such by the relevant regional authorities, without trial, hearing or appeal to the Conclave.

[…]

It was pointed out in Discord that this Article F, Section 2, Paragraph 1 was badly written and did not carry the intended effect.

[Sammy23]

Yes

[Bachtendekuppen]

"shall repeal"as in we are obligated to do it but it needs an action, or “shall be automatically considered repealed”?

[Ladona]

The second. Would it be better worded as

If all other parties in a treaty formally withdraw from it, The East Pacific shall automatically repeal the treaty with immediate effect, unless alternate procedures have been specified within the treaty.

to achieve that intent?

[Bachtendekuppen]

This still implies an action to be taken? “Shall” by itself doesn’t result in automatic effect?

[Ladona]

Mmm. Maybe I’m relying too heavily on the word automatically within the clause instead of spelling it out.

Does this better address the implication that an action needed to be taken?

If all other parties in a treaty formally withdraw from it, The East Pacific shall, immediately and without a vote of the Magisterium, repeal the treaty unless alternate procedures have been specified within the treaty.

[Bachtendekuppen]

Maybe I’m looking too deep into this.

Just like this probably suffices:

If all other parties in a treaty formally withdraw from it, the treaty shall be repealed, immediately and without a vote of the Magisterium, unless alternate procedures have been specified within the treaty.

[Ladona]

Thank you for you contributions. I’ve included your writeup as the intended final text for the proposal, pending any other feedback.

[Ladona]

Added potential amendments to Articles C and E.

Also, for clarity, each of these amendments will be raised as separate votes if successfully motioned following feedback. They’re just in the same thread to help keep things organised for me.

[Ladona]

I am motioning all four amendments to a vote.

[Lucklife]

I second the first motion, then I second the second motion, followed by seconding the third motion, and lastly I second the fourth motion