[PROPOSAL] Security Act

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[PROPOSAL] Security Act
Tweet Topic Started: Jul 14 2017, 04:33 PM (237 Views)
Amerion	Jul 14 2017, 04:33 PM Post #1
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	Security Act - click to view SECURITY ACT DEFINITIONS Majority: fifty percent plus one (50%+1) of all votes cast with the exception of abstentions. Special-majority: seventy-five percent plus one (75%+1) of all votes cast with the exception of abstentions. LINE OF SUCCESSION Cosmic Council (1) Should the office of the Convenor be vacated; the highest-ranked Deputy Convenor shall serve as Acting-Convenor until a Special Election for the position has concluded. (2) Should the office of the Deputy Convenor be vacated; the Convenor may appoint a Councillor to serve as Deputy Convenor. Diocesan (1) Should the office of the Sovereign be vacated; the Defender of the Realm shall assume the position of Sovereign for the remainder of the term. (2) Should the office of the Defender of the Realm be vacated; a Special Election shall be held. (3) Should the office of an Archbishop be vacated; the Sovereign may delegate a member of the office to serve as Acting-Archbishop until a confirmation vote for the position has concluded. Celestial Inquisitorial Court (1) Should the office of the Holy Prelate be vacated; the Court shall choose among itself, a Holy Prelate. (2) Should the office of a sitting Prelate be vacated; a confirmation vote shall be held. World Assembly Delegacy (1) Should the office of the Delegate be vacated; the Vice Delegate shall assume the position of the Delegate for the remainder of the term. (2) Should the office of the Delegate and the Vice Delegate be vacated; the Delegacy shall devolve in accordance with the Line of Succession of the Vanguard. Vanguard (1) The Sovereign shall specify a Vanguard Line of Succession for the Delegacy and may specify changes to the Line of Succession at any time. (a) The Cosmic Council shall vote to confirm the Line of Succession. A confirmation which has received a special-majority of votes cast shall be brought into effect. (2) The Sovereign shall administer an accessible record of the Line of Succession. (3) A Line of Succession shall expire at the conclusion of an election period. (4) A Line of Succession shall be specified no longer than seven days after the conclusion of an election period. VANGUARD Authority (1) The Lazarene Vanguard is the internal security apparatus of Lazarus. Composition (1) The Vanguard shall comprise of no less than three Guardians and no more than seven Guardians. (2) The Vanguard shall include the Sovereign and the Defender of the Realm. (3) The Sovereign shall chair and administer the business of the Vanguard. Membership prerequisites (1) A Councillor who meets the prerequisites of: (a) A Soft Power Disbursement Rating of twelve thousand and eight hundred; (b) An endorsement count of fifty percent of the Sovereign's endorsement count; (b) Hold the status of Core World and have done so for the continuous period of no less than three months; (c) Not have been convicted of a crime; and (d) Hold the status of a World Assembly member; may apply to become a Guardian. Membership process (1) A Councillor shall apply to the Cosmic Council. (2) The Council shall address the application as a Resolution Proposal and follow the appropriate legislative process. (3) A Proposal which has received a majority of votes cast shall be brought into effect. PERSONA NON GRATA Authority (1) The Lazarene Vanguard may declare an individual a Persona non grata; who is a threat to the safety, stability, or well-being of Lazarus. (2) A Persona non grata shall be expelled from Lazarus. Process (1) The Vanguard shall vote on a Proposal to classify an individual a Persona non grata. (2) A Proposal which has received a majority of votes cast shall be brought into effect. (3) The Sovereign shall administer an accessible record of individuals classified as Persona non grata with reference to the reason for the classification. Oversight (1) The Cosmic Council may vote to uphold the classification of a World. (2) The Council shall vote to uphold the classification of a Core World. (3) The Council shall address the matter as a Resolution Proposal and follow the appropriate legislative process. (4) A Proposal which has received a majority of votes cast shall be brought into effect. Why should we consider this Act? Currently, there are a number of laws which is not consistent with one another in language and structure. This Act standardises these Acts. More importantly, it consolidates our laws into one easy to read law. The intention is for Lazarus' legal code to have chapters. So, if you were interested in looking at what the law is on security, you would only have to look at the Security Act rather than look through multiple ones. The goal is to have a few chapters of laws; and this Act will form one of them. I hope you will find this beneficial and support it. Please feel free to write down any feedback you may have What does the Act do? The Act combines two acts, the Grand Advisor Act and the Persona non grata Act; and includes a section specifying the line of successions. Point-by-point, the Security Act: Line of Succesion: Cosmic Council If the office of Convenor be vacated, the Deputy Convenor shall act as Acting Convenor until a special election has concluded. If the office of Deputy Convenor be vacated, the Convenor may appoint a new Deputy Convenor. Diocesan If the office of Sovereign be vacated, the Defender of the Realm (DotR) shall assume the office of Sovereign for the remainder of the term. If the office of DotR be vacated, a special election shall be held. If the office of an Archbishop is vacated, the Sovereign may delegate a member of the Archdiocese to serve as Acting Archbishop until a confirmation vote for the Archbishop has concluded. Celestial Inquisitorial Court If the office of Holy Prelate be vacated, the Court shall choose a new Holy Prelate. If the office of Prelate be vacated, a confirmation vote shall be held. World Assembly Delegacy If the office of Sovereign/Delegate be vacated, the DotR/Vice Delegateshall assume the Delegacy for the remainder of the term. If the offices of Sovereign and DotR be vacated, the Delegacy shall devolve in accordence with the Line of Succesion for the Vanguard. Vanguard The Sovereign shall list the Line of Succession for the Vanguard and may make changes at any time. The Line needs to be confirmed by the Cosmic Council Vanguard: There shall be seven Guardians. The Sovereign and DotR are among them. A Councillor who meets the prerequsites shall apply to the Vanguard. The Counsil shall decide on the application through the appropriate process. Persona non grata: In emergency situations, the Vanguard may declare a person a Persona non grata. The Cosmic Council may vote to uphold this classification if it's a non-citizen but it must vote if it is a citizen. Edited by Amerion, Jul 17 2017, 08:17 AM.

Replies:
Amerion	Jul 15 2017, 10:47 AM Post #11
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	@Aumelodia I've changed the wording to 'a sitting prelate.' Does that work better? @Drall Thanks!



Harmoneia	Jul 15 2017, 11:17 AM Post #12
Mhysa Posts: 657 Group: Accused Member #42 Joined: Apr 11, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Harmoneia	Quote: Vanguard (1) The Sovereign shall specify a Vanguard Line of Succession for the Delegacy and may specify changes to the Line of Succession at any time. Currently we are going by Seniority. This, as I understand it, will change it so that the decision for the line of succession will be according to the will of the Sovereign? I feel this is kind of dangerous and reminischent of what happened with the appointment of Stujenske. If this is to be implemented, there should at least be 75% confirmation vote from the Cosmic Council for this succession in order to safeguard ourselves from the past mistake of tending towards an oligarchy. Secondly and more minor, I think the law must clearly state that the Vanguard is comprised of the guardians else it is easy to mistake it to be a separate entity that's solely appointed by the Sovereign in case future generations would refer to this law.



Amerion	Jul 15 2017, 02:18 PM Post #13
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	Harmoneia Jul 15 2017, 11:17 AM Quote: Vanguard (1) The Sovereign shall specify a Vanguard Line of Succession for the Delegacy and may specify changes to the Line of Succession at any time. Currently we are going by Seniority. This, as I understand it, will change it so that the decision for the line of succession will be according to the will of the Sovereign? I feel this is kind of dangerous and reminischent of what happened with the appointment of Stujenske. If this is to be implemented, there should at least be 75% confirmation vote from the Cosmic Council for this succession in order to safeguard ourselves from the past mistake of tending towards an oligarchy. Secondly and more minor, I think the law must clearly state that the Vanguard is comprised of the guardians else it is easy to mistake it to be a separate entity that's solely appointed by the Sovereign in case future generations would refer to this law. Yes, the Sovereign will decide the line of succession. I do agree, Stu does serve as a warning for absolute power corrupting absolutely. I have edited the proposal to include the 75%+1 threshold. I have also edited it to say The Vanguard shall comprise of no less than three (3) Guardians and no more than seven (7) Guardians. Could someone read the thing and confirm with me that an objective person (so, not me) interprets the thing as saying if the Council does not approve that LoS, the previous LoS will still be in effect? Also, Vanguard was chosen as a name because it was the best thing I could think of. If anyone has any other names, your suggestions would be greatly appreciated. Edited by Amerion, Jul 15 2017, 02:19 PM.



The13th	Jul 15 2017, 05:19 PM Post #14
Guy in the Public Eye Posts: 455 Group: Citizen Member #547 Joined: Mar 3, 2017 Political Views Independent Alignment Neutral Good Military Stance Neutral Nation in Lazarus Daybreak13	Amerion Jul 15 2017, 02:18 PM Harmoneia Jul 15 2017, 11:17 AM Quote: Vanguard (1) The Sovereign shall specify a Vanguard Line of Succession for the Delegacy and may specify changes to the Line of Succession at any time. Currently we are going by Seniority. This, as I understand it, will change it so that the decision for the line of succession will be according to the will of the Sovereign? I feel this is kind of dangerous and reminischent of what happened with the appointment of Stujenske. If this is to be implemented, there should at least be 75% confirmation vote from the Cosmic Council for this succession in order to safeguard ourselves from the past mistake of tending towards an oligarchy. Secondly and more minor, I think the law must clearly state that the Vanguard is comprised of the guardians else it is easy to mistake it to be a separate entity that's solely appointed by the Sovereign in case future generations would refer to this law. Yes, the Sovereign will decide the line of succession. I do agree, Stu does serve as a warning for absolute power corrupting absolutely. I have edited the proposal to include the 75%+1 threshold. I have also edited it to say The Vanguard shall comprise of no less than three (3) Guardians and no more than seven (7) Guardians. Could someone read the thing and confirm with me that an objective person (so, not me) interprets the thing as saying if the Council does not approve that LoS, the previous LoS will still be in effect? Also, Vanguard was chosen as a name because it was the best thing I could think of. If anyone has any other names, your suggestions would be greatly appreciated. No I like the name. It sounds pretty great to me! And I'm liking this Act so far! Edited by The13th, Jul 15 2017, 05:19 PM.



Amerion	Jul 17 2017, 08:18 AM Post #15
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	The13th Jul 15 2017, 05:19 PM Amerion Jul 15 2017, 02:18 PM Harmoneia Jul 15 2017, 11:17 AM Quote: Vanguard (1) The Sovereign shall specify a Vanguard Line of Succession for the Delegacy and may specify changes to the Line of Succession at any time. Currently we are going by Seniority. This, as I understand it, will change it so that the decision for the line of succession will be according to the will of the Sovereign? I feel this is kind of dangerous and reminischent of what happened with the appointment of Stujenske. If this is to be implemented, there should at least be 75% confirmation vote from the Cosmic Council for this succession in order to safeguard ourselves from the past mistake of tending towards an oligarchy. Secondly and more minor, I think the law must clearly state that the Vanguard is comprised of the guardians else it is easy to mistake it to be a separate entity that's solely appointed by the Sovereign in case future generations would refer to this law. Yes, the Sovereign will decide the line of succession. I do agree, Stu does serve as a warning for absolute power corrupting absolutely. I have edited the proposal to include the 75%+1 threshold. I have also edited it to say The Vanguard shall comprise of no less than three (3) Guardians and no more than seven (7) Guardians. Could someone read the thing and confirm with me that an objective person (so, not me) interprets the thing as saying if the Council does not approve that LoS, the previous LoS will still be in effect? Also, Vanguard was chosen as a name because it was the best thing I could think of. If anyone has any other names, your suggestions would be greatly appreciated. No I like the name. It sounds pretty great to me! And I'm liking this Act so far! Thank you



Amerion	Jul 17 2017, 08:18 AM Post #16
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	~~I motion a vote~~ (I withdraw this motion for the moment) Edited by Amerion, Jul 17 2017, 08:40 AM.



Lamb	Jul 17 2017, 08:31 AM Post #17
Posts: 884 Group: Regent Member #387 Joined: Aug 7, 2016 Alignment Chaotic Neutral Military Stance Raider Political Views Anarchist Nation in Lazarus Scum	Quote: (2) Should the office of a sitting Prelate be vacated; a confirmation vote shall be held. I'm not sure this should be as it is written. Our court has a maximum of five seats and the ULC and the Mandate specify a three seat minimum. How this is written implies that if we have a five member court and one official no longer resides, then there is a confirmation vote presumably for their replacement. This alone contradicts the Mandate and subsequent laws addressing a vacancy in the court and this wording should be rewritten to reflect our law as it stands. Given the massive setbacks regarding our courts in relation to our laws in the last couple months, I would really hate to see this slide through and potentially bring more drama to the region. Additionally, given that this act is meant to replace substantial parts of existing law, that fact should likely be stated in the act, otherwise we just have an additional law contradicting existing laws. Given that this isn't a formal amendment or repeal of any existing law, making this distinction clear is important. Edited by Lamb, Jul 17 2017, 08:36 AM.



Amerion	Jul 17 2017, 09:21 AM Post #18
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	Okay, this will be a long reply. With regards to the Mandate, the following sections are relevant to the appointment of Prelates: Celestial Mandate Act: Section 7 - Judicial Power Number of Prelates (5) The Court shall consist of a Holy Prelate, and Prelates, numbering no less than two, as the Cosmic Council prescribes. Appointment (6) The Cosmic Council shall, at the Renewal of the Universal Cycle, elect from among its membership, Prelate-nominees. (7) The Celestial Being shall, at his discretion, grant these nominees through blessing, power to adjudicate with his celestial authority. Tenure (11) A Prelate shall retain the authority to adjudicate in the Celestial Being’s name, so long as they have the confidence of the Cosmic Council and the blessing of the Celestial Being, as shall be affirmed at the Renewal of the Universal Cycle, to occur every four months. (12) A Prelate shall, subject to the provisions of this Act, hold his place on the Court for life. Absence of a Prelate (15) In the case of an absence of a Prelate, by the loss of his blessing, resignation, or otherwise, the Cosmic Council shall elect from amongst its membership, a Prelate-nominee. With regards to the Elections Act, the following sections are relevant to the appointment of Prelates: *Elections Act* Timing of Elections (1) General Elections shall be held on the 8th day of: ... March, July, and November for the Prelates and Guardians. The Composition of Elections (3) In Regards to Prelates: In the clauses Article IV SS3E, and Article IV SS6 of the mandate, the term 'elect' shall be interpreted to mean a simple majority confirmation vote in the Cosmic Council. With regards to the Unified Legal Code, the following sections are relevant to the appointment of Prelates: *Unified Legal Code - Judicial Code of The Celestial Union of Lazarus* Article I – Composition of the Court (1) The Court must consist at all times of a minimum three Prelates, and a maximum of five Prelates. Should the number of Prelates fall below the minimum number at any time the Sovereign must nominate replacements within seven days; should the Sovereign fail to do so then the Convenor will open nominations to the floor of the Cosmic Council. (2) The Cosmic Council shall conduct a confidence vote for the Prelates every three months, immediately after the conclusion of the regularly scheduled elections. Any Prelate who does not receive the confidence of a majority shall be recalled.^[1] The Unified Legal Code does not prescribe what must be done in terms of a vacancy on the court - except in cases where the number of Prelates fall below the minimum number. The Elections Act does reference what is to happen when a vacancy arises. In regards to Prelates, it considers the term 'elect' to mean a simple majority confirmation vote; and 'vacancy' as its literal meaning. The Celestial Mandate Act specifically states that an absence of a Prelate would require a confirmation vote to be held by this Council. I have looked at all three Acts that you have referenced and in my opinion, there is not a discernable contradiction. I am glad you bring up the potential contradictions, as it raises a very important discussion point. While this particular proposal should not contain contradictions to existing law (but rather, should operate in tandem with existing law), there are a number of contradictions elsewhere - for example '[1]' (Unified Legal Code - Judicial Code of The Celestial Union of Lazarus, Article I – Composition of the Court (2)) is not in line with the four month period stipulated in the Celestial Mandate Act. The question is how best to address the issue for the future. I have written similar proposals for the Elections Act and Council Procedures Act but both do not necessarily conform with the C.M.A as they do not include provisions relating to the Celestial Being, etc. Therefore, the options that I can think of so far are: (1) That as the C.M.A is the supreme law, it may be advisable to address the simplification of that first, then progress with the remaining laws; or (2) Pass (numerous) amendments to existing law which would (legally (avoid contradictions)) allow for other laws; or (3) Pass an omnibus package; or (4) Leave the law as it is and proceed with incremental changes.



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