Law:The Streamlining the Senäts Amendment

Streamlining the Senäts Amendment

WHEREAS the Organic Law contradicts itself, and

WHEREAS according to Article XV amendments require a vote of tho-thirds in the Senäts, and

WHEREAS according to Article V most amendments only require a majority, with a few exceptions, and

WHEREAS all amendments to the OrgLaw already need to be passed by a two-thirds majority of the Cosa and a majority of the people in a referendum, and

WHEREAS this creates enough safeguards against abuse, and

WHEREAS a very small group of people, potentially representing only a very small part of the citizens should not be able to veto the wishes of a large majority forever, and

WHEREAS, because of this, Article V is preferable to Article XV, and

WHEREAS the list of exceptions in Article V does not include the one exception that would make the most sense to protect, the convenant of rights and freedoms, and

WHEREAS it does include all amendments related to the Senäts, and

WHEREAS organic articles related to the Senäts contain a number of subjects that could as well be part of statutory law and don’t need to be in the constitution, and

WHEREAS this amendment solves the conflict between Articles V and XV, now

THEREFORE, Article V , Section 10 of the OrgLaw, which currently reads: “Questions arising in the Senäts shall be determined by a majority of votes, and each senator shall have one vote. The Mençéi shall in all cases be entitled to vote; and when the votes are equal the question shall not have passed.”

is amended to read:

“Questions arising in the Senäts shall be determined by a majority of votes, unless otherwise provided in the organic law, and each senator shall have one vote. The Mençéi shall in all cases be entitled to vote; and when the votes are equal the question shall not have passed.”,

FURTHERMORE, Article V, Section 11 of the OrgLaw, which currently reads:

“Section 10 takes precedence over bills requiring two-thirds of the Senäts to vote such as amendment to the organic law, with the exception of:
-bills changing sections of articles regarding the Senats
-bills changing sections of the article "Amendments to the Organic Law"
-bills changing sections of the article "Territorial Subdivisions"
-bills creating new provinces or changing the number of provinces in any way which always require two-thirds of the Senäts.”

will be repealed

FURTHERMORE Article XV, Section 1 of the OrgLaw, which currently reads:

“An amendment to the Organic Law may be made by proclamation by the King where so authorized by:
-A vote of two-thirds in both chambers of the Ziu, and
-Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.
-Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall only be passed with the approval of a majority of participating voters in that province.”

shall be amended to read:

“An amendment to the Organic Law may be made by proclamation by the King where so authorized by:
-A vote of two-thirds in the Cosa, and
-A vote of a majority in the Senäts or a vote of two-thirds in the Senäts if so required by Section 3 of this article, and
-Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.
-Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall only be passed with the approval of a majority of participating voters in that province.”

FURTHERMORE a new section will be added to Article XV of the OrgLaw, after section 2, which will read:

“Section 3: The following bills must always be authorized by a vote of two-thirds in the Senäts:
-Bills amending the Covenant of Rights and Freedoms
-Bills creating new provinces or changing the number of provinces in any way
-Bills abolishing the Senäts
-Bills amending this section
-Bills amending Article XVII: Territorial Subdivisions”

Noi urent q'estadra sa:

Glüc da Dhi (Senator, Cézembre)
Lüc da Schir (MC, MRPT)