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+---- Thread: Lazarene Treaty Clarification Law (/showthread.php?tid=1328)
Lazarene Treaty Clarification Law - Domais - 04-06-2020
My draft to solve https://www.nslazarus.com/showthread.php?tid=1326&pid=8832#pid8832 .
Lazarene Treaty Clarification Law
Proposed by: @Domais
Proposed by: @Domais
Preamble
We the Assembly of Lazarus enact this constitutional law in order to establish a clearer hierarchy of general laws, resolutions and likewise.
Section 1.
a. All treaties ratified by the Assembly of Lazarus, henceforth referred to as the Assembly shall supersede all general laws and resolutions passed by the Assembly.
Section 2.
a. If contradictions may be found between treaties ratified by the Assembly and general laws and resolutions passed by the Assembly, the Assembly shall by three-quarters vote be enabled to pass resolutions to rectify such contradictions.
Section 3.
a. This law shall be considered constitutional law and subject to all the requirements for enactment, amendment, and repeal of constitutional laws.
RE: Treaties Draft - New Rogernomics - 04-06-2020
Unfortunately, this is unconstitutional, as it clearly states in the mandate that constitutional laws and resolutions may be amended by a three quarters vote:
Quote:(10) The Assembly may enact constitutional laws and resolutions, bearing the same legal weight as this Mandate, and may amend or repeal such constitutional laws and resolutions, by three-quarters vote. Constitutional laws and resolutions must be explicitly designated as such within the text of each constitutional law or resolution, and may not either explicitly or implicitly amend or repeal this Mandate or other constitutional laws or resolutions.So the language should use the terminology 'general laws and resolutions', otherwise it would require an amendment to the mandate.
Alternatively, it must use a three-quarters vote terminology.
So:
Quote:a. If contradictions may be found between treaties ratified by the Assembly and legislation passed by the Assembly, the Assembly shall by three-quarters vote be enabled to pass resolutions to rectify such contradictions.
RE: Treaties Draft - Domais - 04-06-2020
Fixed, now is it constitutional?
RE: Treaties Draft - New Rogernomics - 04-06-2020
Though what exactly are you trying to legislate for here?
If you have a specific issue you'd like to resolve, it might be useful to make that the preamble, or alternatively explain it in depth in this thread.
Is this related to the recent court ruling?
RE: Treaties Draft - Domais - 04-06-2020
New Rogernomics;8890 Wrote:Though what exactly are you trying to legislate for here?
If you have a specific issue you'd like to resolve, it might be useful to make that the preamble, or alternatively explain it in depth in this thread.
Is this related to the recent court ruling?
Well yes, this is in relation to the recent court ruling which was basically there is no law concerning this area. Although I don't think there has ever been a treaty that has contradicted any of the laws, it would be short-sighted to not to make one now before it becomes a problem, because it may be a nightmare if it did become a problem. Furthermore, I think having a well defined legal code is useful the fewer the gray areas the better.
Added a Preamble: We the Assembly of Lazarus enact this constitutional law in order to establish a clearer hierarchy of general laws, resolutions and likewise.
RE: Lazarene Treaty Clarification Law - Chanku - 04-06-2020
I don't particularly see the point. It is not like we have a wealth of laws or other material, and it is such that any contradictions would be brought forth during debate and discussion of the treaty.
RE: Lazarene Treaty Clarification Law - Domais - 04-06-2020
Chanku;8893 Wrote:I don't particularly see the point. It is not like we have a wealth of laws or other material, and it is such that any contradictions would be brought forth during debate and discussion of the treaty.
Fair enough.
RE: Lazarene Treaty Clarification Law - Wymondham - 04-06-2020
Domais;8841 Wrote:My draft to solve https://www.nslazarus.com/showthread.php?tid=1326&pid=8832#pid8832 .Section 2 could contradict the powers granted by the Constitution to the Court to "reconcile contradictions within and between this Mandate and constitutional laws, as well as contradictions within and between general laws, by two-thirds vote, maintaining minimal disruption to the intended purposes of the contradictory provisions."
Lazarene Treaty Clarification Law
Proposed by: @Domais
Preamble
We the Assembly of Lazarus enact this constitutional law in order to establish a clearer hierarchy of general laws, resolutions and likewise.
Section 1.
a. All treaties ratified by the Assembly of Lazarus, henceforth referred to as the Assembly shall supersede all general laws and resolutions passed by the Assembly.
Section 2.
a. If contradictions may be found between treaties ratified by the Assembly and general laws and resolutions passed by the Assembly, the Assembly shall by three-quarters vote be enabled to pass resolutions to rectify such contradictions.
Section 3.
a. This law shall be considered constitutional law and subject to all the requirements for enactment, amendment, and repeal of constitutional laws.
RE: Lazarene Treaty Clarification Law - Domais - 04-07-2020
Wymondham;8895 Wrote:Section 2 could contradict the powers granted by the Constitution to the Court to "reconcile contradictions within and between this Mandate and constitutional laws, as well as contradictions within and between general laws, by two-thirds vote, maintaining minimal disruption to the intended purposes of the contradictory provisions."It's only intended to resolve disputes between general laws and treaties.
RE: Lazarene Treaty Clarification Law - Debussy - 04-07-2020
Quote:Section 1.
a. All treaties ratified by the Assembly of Lazarus, henceforth referred to as the Assembly shall supersede all general laws and resolutions passed by the Assembly.
Domestic law should supersede any foreign obligations. I can't support this.