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[DONE] Amendment to the Criminal Code (Note: very minor)
#1

Quote:(1) Treason shall be defined as plotting against the Coalition, seeking to lower the Delegate's endorsement count without his or hertheir consent, breaking the endorsement cap after receiving an official warning, aiding any entity which the Coalition is taking defensive action against, or any entity against which a state of war exists.

A lil' bit of fun for the SJWs out there Tounge
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)

Local Council Member(April 24-August 11)

Court Justice of TSP(August 15-December 7)


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#2

THE PRINCIPALITY OF REMLASIA considers the proposed text and the original text to be legally equivalent.

We do not support frivolous proposals like this and we will vote against it the motion is brought forward.
Crown Prince of the Principality of Remlasia
Under Semi-Constitutional Monarchy
#3

Strong approve, as an SJW. :3 Gendered language is unnecessary in our laws.
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#4

This could be done by the Chair without being an amendment under Article 2.4 of the LPA.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]
#5

(02-19-2020, 04:52 PM)Belschaft Wrote: This could be done by the Chair without being an amendment under Article 2.4 of the LPA.

The language of Article 2.4 of the Legislative Procedures Act states that the Chair may only do so to address "typographical errors, grammatical errors, naming or formatting inconsistencies". In our view, the proposed amendment to the Criminal Code does not constitute a correction of an inconsistency of any kind.

For those socially inclined, it may also broaden the scope of who the criminal act of treason applies to without the consent of the Assembly should the High Court of the The South Pacific later rule that gender does not just consist of "men" and "women".

We will take legal action against the Chair if Article 2.4 of that Act is improperly used to circumvent Assembly authorisation. The Principality of Remlasia will only accept the amendment if the Assembly votes to pass it.

Our legal position on the issue of gender is that of the scientific and biological view: gender is binary and consists of men and women only. We will only change our position if there is scientific evidence to support the existence of other genders in biology, beyond the realm of mental illness.
Crown Prince of the Principality of Remlasia
Under Semi-Constitutional Monarchy
#6

(02-19-2020, 05:43 PM)remlasia Wrote:
(02-19-2020, 04:52 PM)Belschaft Wrote: This could be done by the Chair without being an amendment under Article 2.4 of the LPA.

The language of Article 2.4 of the Legislative Procedures Act states that the Chair may only do so to address "typographical errors, grammatical errors, naming or formatting inconsistencies". In our view, the proposed amendment to the Criminal Code does not constitute a correction of an inconsistency of any kind.

For those socially inclined, it may also broaden the scope of who the criminal act of treason applies to without the consent of the Assembly should the High Court of the The South Pacific later rule that gender does not just consist of "men" and "women".

We will take legal action against the Chair if Article 2.4 of that Act is improperly used to circumvent Assembly authorisation. The Principality of Remlasia will only accept the amendment if the Assembly votes to pass it.

Our legal position on the issue of gender is that of the scientific and biological view: gender is binary and consists of men and women only. We will only change our position if there is scientific evidence to support the existence of other genders in biology, beyond the realm of mental illness.  

The use of "he or she" is a naming inconsistency. "They" is the standard for an indefinite singular referent in all our other laws. For example, the Charter repeatedly uses the term in its formula for definining an office: "The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region...". LPA Article 2.3 says that "The Chair must document the use of their discretionary powers". The Chair is permitted to correct cosmetic inconsistencies so long as they "do not alter the original intent of the law"... which is exactly what this does. 

I agree with Belschaft that this change is better performed through the Chair's discretionary powers, though.

Your legal view of gender is wholly irrelevant. No reasonable interpretation of "he or she" suggests that the author of the Criminal Code meant to specifically allow seeking to lower the endorsement count of non-binary delegates. I mean... what?

I won't address your final paragraph because the Assembly is an IC political institution, but suffice to say... yikes. :/
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Aumeltopia ~
  
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Auphelia Wrote:Raccoons are bandits! First they steal your food . . .
and then your heart/identity!
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#7

If the assembly believes that this change is better suited as a swift change under discretionary power, I'll go ahead and do so, unless there are objections?
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#8

I say just go for it. They/their is the less verbose and more consistent terminology that flows better, and covers some potential issues.

We can ignore the reactionary comments, which are wrong for many reasons. "They" is a well-established grammatical term, and the singular "they" dates back centuries.
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#9

Yay I finally did something here (maybe)
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)

Local Council Member(April 24-August 11)

Court Justice of TSP(August 15-December 7)


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#10

Quote:We can ignore the reactionary comments, which are wrong for many reasons.
 
Quote:I won't address your final paragraph because the Assembly is an IC political institution, but suffice to say... yikes. :/

[non-IC mode] Just so you know, this is IC. I don't know why facts about gender are shocking for IC roleplay, unless we are still in IC mode here. I'm new here, so please note everything posted by this account is IC unless stated otherwise.

With that in mind...
 
(02-19-2020, 06:40 PM)Somyrion Wrote:
(02-19-2020, 05:43 PM)remlasia Wrote:
(02-19-2020, 04:52 PM)Belschaft Wrote:
Quote:We can ignore the reactionary comments, which are wrong for many reasons.
Quote:I won't address your final paragraph because the Assembly is an IC political institution, but suffice to say... yikes. :/
[non-IC mode] Just so you know, this is IC. I don't know why facts about gender is somehow a red line for IC roleplay, unless we are still in IC mode here. The whole point of IC roleplay involves creating scenes and political statements that mimic the behaviour and comments of politicians in real life. Everything posted by this account is IC unless stated otherwise.This could be done by the Chair without being an amendment under Article 2.4 of the LPA. 

The language of Article 2.4 of the Legislative Procedures Act states that the Chair may only do so to address "typographical errors, grammatical errors, naming or formatting inconsistencies". In our view, the proposed amendment to the Criminal Code does not constitute a correction of an inconsistency of any kind.

For those socially inclined, it may also broaden the scope of who the criminal act of treason applies to without the consent of the Assembly should the High Court of the The South Pacific later rule that gender does not just consist of "men" and "women".

We will take legal action against the Chair if Article 2.4 of that Act is improperly used to circumvent Assembly authorisation. The Principality of Remlasia will only accept the amendment if the Assembly votes to pass it.

Our legal position on the issue of gender is that of the scientific and biological view: gender is binary and consists of men and women only. We will only change our position if there is scientific evidence to support the existence of other genders in biology, beyond the realm of mental illness.                

The use of "he or she" is a naming inconsistency. "They" is the standard for an indefinite singular referent in all our other laws. For example, the Charter repeatedly uses the term in its formula for definining an office: "The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region...". LPA Article 2.3 says that "The Chair must document the use of their discretionary powers". The Chair is permitted to correct cosmetic inconsistencies so long as they "do not alter the original intent of the law"... which is exactly what this does. 

I agree with Belschaft that this change is better performed through the Chair's discretionary powers, though.

Your legal view of gender is wholly irrelevant. No reasonable interpretation of "he or she" suggests that the author of the Criminal Code meant to specifically allow seeking to lower the endorsement count of non-binary delegates. I mean... what?

I won't address your final paragraph because the Assembly is an IC political institution, but suffice to say... yikes. :/              

It appears we do not have a legal view of gender that differs to yours. Legal action in the High Court of The South Pacific would only be necessary if the two texts no longer mean the same thing. Our concern was whether or not it constitutes a naming inconsistency or a broadening of the definition of who the crime of treason applies to, depending on the legal position of The South Pacific on the question of gender. Legal action would be necessary if it was the latter.

It might be a small issue to you, Legislator, but our constitution requires us to import all laws and court rulings from The South Pacific into our domestic legal system.
Crown Prince of the Principality of Remlasia
Under Semi-Constitutional Monarchy




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