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(DRAFT) Recall process amendment and fix to what officials may be recalled
#21

There is an old legal theory in TSP that the Assembly doesn't actually need to pass a law authorising itself to do something, as the act of doing it is an explicit authorisation for that thing. The provision we have for Assembly Resolutions originated in the Assembly simply deciding it could adopt a resolution with binding legal effect.

Declarations of War are another example of this; there isn't a provision for them in our current Charter, though a state of war is recognised as a concept in our laws (including the Charter). The power of the Assembly to declare a state of war is thus implicit in the Charter; ergo the Assembly can declare a state of war by passing a resolution saying it is declaring war.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

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#22

So if I understand the above post correctly, then the Assembly wouldn't need to vote twice, since the act of recalling an official would be taken as the Assembly acknowledging that it has the power to do so.

However, this still means the proposal as currently worded adds nothing, since it is just a restatement of the Assembly's existing power to recall any official that the Assembly decides it wishes to recall.




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