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**Jay Coop** · 09-04-2020, 08:42 PM

Yeah, I know. It looks like one more of my crazy ideas, but hear me out! I think this may very well be my most creative legislative proposal to date, and it could very well be beneficial to the region. After all, this proposal reduces the number of positions that we'd need to fill in each election by taking the PM off the ballot and making it one of the people we elect to what would now be referred to as the Executive Council, somewhat similar to the collective head of government of Switzerland, the Federal Council.

Disclaimer: This bill has been written to assume that Somy's MoRA split and my citizenship/residency proposal will pass.

Amendment to the Charter Wrote:
THE CHARTER OF THE SOUTH PACIFIC

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IV. THE ASSEMBLY

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(4) During an interim period in which the Chair is not in office prior to the election of a new Chair, a deputy appointed by the previous Chair will serve as Acting Chair to exercise all powers and responsibilities of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. In the event that more than one deputy was appointed, the most senior deputy according to the order of appointment and availability will serve as Acting Chair. In the event that no deputy was appointed or is available, the Executive Council Cabinet will designate a legislator to serve as Acting Chair.

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V. THE LOCAL COUNCIL

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(2) 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 Executive Council Cabinet deliver any directive, that is solely related to an issue local to the in-game community.

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VI. THE EXECUTIVE COUNCIL

Establishing an executive branch led by the Executive Council consisting of the Prime Minister and the Cabinet.

(1) The Executive Council Prime Minister will be the collective head of government of the South Pacific and the leader of the Cabinet. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Coalition.

(2) The Executive Council Cabinet will consist of ministers with the following portfolios: Foreign Affairs, Culture, Engagement, Media, and Defense.

(3) The Executive Council shall name a As leader of the Cabinet, the Prime Minister amongst themselves who is responsible for overseeing a collective Cabinet agenda as the first among equals, and may give advice directions and instructions to the other ministers. Disputes within the Executive Council Cabinet are subject to the majority decision and collective responsibility; where there is no majority the Prime Minister's vote shall be the deciding one.

(4) Members of the Executive Council are required to hold Legislator status.

Elections

(5) Executive Council elections will be held every four months, where the Prime Minister and all minister Cabinet positions will be up for election.

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Executive Authorities

(13) The executive may exercise the collective authority of executive orders, by unanimous consent among the members of the Executive Council Prime Minister and Cabinet Ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law.

(14) Upon declaring an executive order, the order will be presented automatically to the Assembly for three days of debate, followed by a vote according to legislative rules, where it will expire and its effects shall be reversed if the Assembly does not incorporate it into law.

(15) The members of the Executive Council Prime Minister and Cabinet Ministers may elect to appoint deputies and advisors, who will be considered junior members of the Executive Council Cabinet, but will not have voting rights in any executive decision.

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VIII. THE HIGH COURT

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(5) The High Court may reconcile contradictions within the Charter, constitutional laws, general laws, Executive Council Cabinet directives, and Local Council laws and regulations, maintaining the least amount of disruption to the intended purposes of the contradictory parts.

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X. THE MILITARY

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(3) The military will have the support of the Coalition in conducting operations to protect innocent regions from attack and oppression and promote legitimate, native democratic institutions across the world. The military may not colonize or annex any region without the express permission of the Executive Council Cabinet and the Assembly, by majority vote of both chambers. Nor may the military attack, subjugate, purge, destroy, or vandalize any regions, excepting those regions which espouse hateful ideologies and those regions against which the Coalition has declared an official state of war.

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XI. RECALLS AND MOTIONS OF NO CONFIDENCE

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(2) A Motion of No Confidence may be initiated by the Assembly if the members have lost faith in the effectiveness and activities of the Executive Council Prime Minister and the Cabinet. Motions of No Confidence must be debated for three days and receive a motion and a second before being moved to vote. Passage requires three-fifths majority support of those voting, and triggers a special election for all Executive Council positions cabinet offices.

Addendum 1 (Amendment to the Border Control Act)

Addendum 2 (Amendment to the Criminal Code)

Addendum 3 (Amendment to the Elections Act)

Addendum 4 (Amendment to the Holidays Act)

Addendum 5 (Amendment to the Judicial Act)

Addendum 6 (Amendment to the Legislator Committee Act)

Addendum 7 (Amendment to the Political Parties Act)

Addendum 8 (Amendment to the Proscription Act)

Addendum 9 (Amendment to the Regional Officers Act)

Addendum 10 (Amendment to the Sunshine Act)

Addendum 11 (Amendment to the Treaties Act)

4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF

My History

(This post was last modified: 09-04-2020, 09:04 PM by Jay Coop.)

***sandaoguo*** · 09-04-2020, 08:58 PM

I greatly disagree with this concept of government. The Prime Minister is meant to be the leader of the Cabinet, directing the overall Cabinet agenda, and is the single point of contact that represents the Cabinet as a whole. The "first among equals" approach is exactly what we need to move away from, as it has led to a custodial approach to being Prime Minister, rather than the leadership role it is intended to be.

This would do several things that I think would be very bad:
1. It would deny the Assembly the right to choose its head of government directly.
2. It would require a minister to take on two jobs: the head of government plus their ministry portfolio. This isn't sustainable.
3. It would create an expectation that those running for any ministry should be head of government material, which isn't really fair. Some people excel in one area and don't want to do be responsible for managing an entire Cabinet. Some people may make great ministers, and people would vote for them for a specific ministry, but may not like the idea of them becoming the head of government in charge of it all.
4. It would create perverse incentives for backdoor dealing among candidates during an election, and probably increase the opportunities for corruption.

(This post was last modified: 09-04-2020, 09:00 PM by sandaoguo.)

Rabbitz · 09-05-2020, 09:41 AM

To add on, if I may, this limits the power of the PM so much so that it pretty becomes some person who offers "advice" that the Exe Council can pretty much ignore. Afterall, it does imply that all decisions have to be a majority, meaning that the Council can do it's own thing and ignore whatever the PM says, since the PMs power of a deciding vote (i.e. their power to execute their advice) has been stripped. I know you were trying to limit the power of the PM, but you pretty much just broke its legs and told it to walk without giving it a crutch.

I'm sorry, but I'm against.

Local Councillor (3/15/20 - 6/23/20)
Deputy Minister of Educational Affairs (2/19/20 - 4/9/20)
Senior Fellow of Integration (12/20/20 - 2/19/20)
Fellow (1/12/19 - ~10/14/20)
Ambassador to Osiris and TWP (4/3/20 - 7/8/20)
Legislator (1/19/19 - 11/1/21)
Chair of the Assembly (6/23/20 - 9/3/20)
Secretary of State (7/8/20 - 2/4/21 | 6/14/21 - 11/1/21)
Deputy of Media (2/14/21 - 11/1/21)
Ambassador to TNP and Lazarus (6/14/21 - 10/22/21)
MoE Leadership (10/14/20 - 11/1/21)

Philippinia · 09-05-2020, 10:19 AM

I do not approve of this as I believe that the Prime Minister should always be accountable to the legislature. While the individual ministers themselves are accountable to the legislature, the legislature voted them in as ministers of their respective portfolios not as the head of the government. The government formed should have the mandate of the people - in this case, the assembly - and not by the the government itself.

North Prarie · 09-05-2020, 11:26 AM

I think Glen's post covered really all that I have to say, and even more. The Prime Minister should be elected by the Assembly, not a body the Assembly elects to serve certain areas of leadership.

Midwesterner. Political nerd. Chipotle enthusiast.
Minister of Culture of the South Pacific // Former Prime Minister

Typhonka · 09-05-2020, 02:38 PM

(09-04-2020, 08:42 PM)Jay Coop Wrote: Disclaimer: This bill has been written to assume that Somy's MoRA split and my citizenship/residency proposal will pass.

I think that this disclaimer invalidates the proposal as it depends on two other proposals to pass.

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Jebediah · 09-05-2020, 04:31 PM

(09-05-2020, 02:38 PM)Typhonka Wrote:
(09-04-2020, 08:42 PM)Jay Coop Wrote: Disclaimer: This bill has been written to assume that Somy's MoRA split and my citizenship/residency proposal will pass.

I think that this disclaimer invalidates the proposal as it depends on two other proposals to pass.

It doesn't invalidate it in any way - perhaps the proposal will have to be edited and changed if one or both of the proposals fail, but the general concept would work without the other two proposals passing.

Not to mention we shouldn't stop laws from being debated just because they have parts of laws that haven't passed yet - they might still contain good ideas.

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(This post was last modified: 09-05-2020, 04:32 PM by Jebediah.)

~~Whole India~~ · 09-05-2020, 11:10 PM

I would just add three words: Worst Idea Ever [WIE]