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[Ammendment] Election Act - Local Council Elections
#21

(02-21-2017, 04:08 PM)Belschaft Wrote:
(02-21-2017, 04:05 PM)Tsunamy Wrote: Not to start crossing testy threads or anything ... but I feel like federalism only works if there are multiple independent smaller governments involved.

I mean, I get what both sides are saying. But, I think the rub is because there's only one but kinda two governments.

Which is my point; the Local Council isn't and can't be a "separate" government, as there's only one TSP. What it is is a distinct part of this government, with a mix of duties/responsibilities and a focus on the in-game region.

I mean, I literally said that I get what you're saying. :s

But, once against for those in the back, I also think it's clear what Glen is trying to do. He's trying to power a subset to hand their own while keeping it tangentially related to the overarching government.

The problem is that we currently have things like the "Election Act" which dictate all of our election functions ... despite being held/done/conceived in two different ways.

AND — just to got for a trifecta of angry thread — I'm not sure how to fix this problem. Perhaps we need a new political party to figure it out. Tounge
-tsunamy
[forum admin]
#22

Debate on the fundamental nature of the relationship between the LC and the forum government, when it's not being connected back to the proposal at hand, is dilatory.

I don't see any resolution to this year-long debate happening in this thread, which is about the timing of Local Council elections. Discussions of a more philosophical nature should happen elsewhere.

Also, as a point of law, should this RMB poll (https://www.nationstates.net/page=poll/p=83451) pass, it's my opinion as Chair that the Assembly wouldn't be able to make this amendment, as the bill would be "solely related to an issue local to the in-game community." That's something to keep in mind.
#23

Actually, the Assembly would have to:

From that same ammendment:

Quote:. The Local Council is entitled to self-administration within its jurisdiction on local issues, but may not pass laws or regulations that contradict this Charter or constitutional laws. To that end, the Assembly may not enact any law, nor the Cabinet deliver any directive, that is solely related to an issue local to the in-game community.

So, wouldn't any changes from the Local Council be a contradiction to the Elections Act, a constitutional Law?

Thus, wouldn't any changes to the LC election process need to be done through the Assembly for it to be within the bounds of the Charter? It is my belief it does, until someone removes the LC Election portion of the Elections Act, or the Act is rendered a non-constitutional law.
#EC4Lyfe
#24

For the LC portions of the Election Act to be changed, it would have be repealed and the LC itself should have to then make its own election law.
#25

I'd like to throw out that the amendment Feir is citing says that no law can contradict the Charter. But, it doesn't say it can't change the Charter.

So, isn't it reasonable to assume that the LC can change the parts of the Charter and Laws that only effect the in-game governance? Primarily the structure of the LC and the election law?
-tsunamy
[forum admin]
#26

Or we can simply avoid novel and perhaps unconstitutional acts and simply repeal this, letting the LC write its own laws...
#27

As the legality of the motion may be affected by the ongoing case HCLQ 1704 the High Court requests that any voting on this proposal be halted until the conclusion of HCLQ 1704.




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