Realpolitik of the Smoky Skies - The Reboot

As an out of character comment to non-government players: I realise this part of the political cycle is a bit boring (lots of things happening behind the scenes in Cabinet), but there will be action in the public sphere soon, I promise. :)
 
It has become increasingly apparent in recent months that the rights and protections under the law for Pulians are not as strong as they should be. Therefore my Cabinet has compiled a list of rights that all people in the Pulian Realm should enjoy. These rights will be inalienable and inextinguishable.

As this will necessitate an amendment to the Constitution of Pulias, this bill will only be deemed to have passed the chamber if it receives at least two-thirds of the vote in favour of it, at which point it will pass to the Emperor, where if he grants it Royal Assent a referendum will be held where the question is put to the voters of Pulias. It is my hope that the Emperor will hold the referendum for this constitutional amendment proposal at the same time as another, which is yet to be introduced for debate in the Senate. It is my hope that by holding two referenda on the same day we will save the taxpayers money and not fatigue the voters by forcing them back to the polls twice in a short period.

I commend the bill to the chamber, and I move that the bill be heard for the first time.


Constitution Alteration (Rights and Freedoms) 1833 - Long Title

An Act to give effect to rights and freedoms guaranteed to all persons within the Pulian Realm


Be it enacted by the Emperor's Most Excellent Majesty, and the Senate of the Pulian Realm, with the approval of the electors, as required by the Constitution, as follows:

Section 1: Short title

This Act may be cited as the Constitution Alteration (Rights and Freedoms) 1833.​


Section 2: Commencement

This Act shall come into operation on the day on which it receives the Royal Assent.​


Section 3: Interpretation

In this Act, unless the contrary intention appears:

"he" and "him" means a person, not necessarily a male person;

"question for the electors" means the question
"Do you approve the proposed law for the alteration of the Constitution entitled—'An Act to give effect to rights and freedoms guaranteed to all persons within the Pulian Realm'?"​

"referendum" means the submission to the electors of the question for the electors;​


Section 4: Rights and Freedoms

The Constitution is altered by inserting after Chapter VIII the following Chapter:

"CHAPTER IX — RIGHTS AND FREEDOMS

"Section 67

Entitlement to rights and freedoms without distinction


Every person is entitled to equality before the law and to the rights and freedoms set out in this chapter, irrespective of distinctions such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

"Section 68

Effect on existing rights and freedoms


A right or freedom existing under, or recognised by, any other law shall not be taken to have been diminished or derogated from by reason only that the right or freedom is not set out in this chapter.

"Section 69

Permissible limitations


The rights and freedoms set out in this chapter are subject only to such reasonable limitations prescribed by law as can be demonstrably justified in a free and democratic society.

"Section 70

Freedom of movement


(1) Every person lawfully in Pulias has the right to freedom of movement and choice of residence.

(2) Every Pulian citizen has the right to enter Pulias.

(3) Every person has the right to leave Pulias.

"Section 71

Right to life


(1) Every person present in the Pulian Realm has a right to life which shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

(2) Deprecation of life shall not be regarded as inflicted in contravention of this section when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) in action lawfully taken for the purpose of quelling a riot or insurrection.​

"Section 72

Prohibition of torture


No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

"Section 73

Prohibition of slavery and forced labour


(1) No one shall be held in slavery or servitude.

(2) No one shall be required to perform forced or compulsory labour.

(3) For the purpose of this section the term "forced or compulsory labour" shall not include:

(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Section 74 or during conditional release from such detention;

(b) any service of a military character or, in case of conscientious objectors, service exacted instead of compulsory military service;

(c) any service exacted in case of emergency or calamity threatening the life or well-being of the community;

(d) any work or service which forms part of normal civic obligations.​


"Section 74

Right to liberty and security


(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a) the lawful detention of a person after conviction by a court;

(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, addicts of drugs or vagrants;

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.​

(2) Everyone who is arrested shall be informed promptly of the reasons for his arrest and of any charge against him.

(3) Everyone arrested or detained in accordance with the provisions of section 70(1c) shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

(4) Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

(5) Everyone who has been the victim of arrest or detention in contravention of the provisions of this section shall have an enforceable right to compensation.

"Section 75

Right to a fair trial


(1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

(2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

(3) Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly of the nature and cause of the accusation against him;

(b) to have adequate time and facilities for the preparation of his defence;

(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.​

"Section 76

No punishment without law


(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

(2) This section shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by a civilised nation.

"Section 77

Right to respect for private and family life


(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

"Section 78

Freedom of thought, conscience and religion


(1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, practice and observance.

(2) Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

"Section 79

Freedom of expression


(1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

(2) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

"Section 80

Freedom of assembly and association


(1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others.

(2) No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This section shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the Realm.

"Section 81

Right to marry


Men and women of marriageable age have the right to marry and to found a family, according to any laws the Senate may provide governing the exercise of this right.

"Section 82

Right to an effective remedy


Everyone whose rights and freedoms as set forth in Chapter IX are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

"Section 83

Prohibition of abuse of rights


Nothing in Chapter IX may be interpreted as implying for the Realm, any group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in Chapter IX.

"Section 84

Limitation on use of restrictions on rights


The restrictions permitted under Chapter IX to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed."​


Section 5: Writ for the referendum

At any time after the Constitution Alteration (Rights and Freedoms) 1833 receives the Royal Assent, the Emperor may issue a writ for the submission to the electors of the question for the electors.​

Time left for debate: Ended due to fast-track motion.
Time left to vote: [TIMER="2015/08/21 19:20 UTC;Expired"][/TIMER]
 
We live in a region of constitutional monarchies and republics. The Cabinet has debated the fact that our constitutional monarchy and parliamentary democracy contains protections for the executive that appear more well suited to a presidential republic.

We in the Cabinet feel the Government of Pulias is far too powerful, and is not as accountable to the Senate as it should be. As such, this bill aims to reduce the threshold for the removal of a Prime Minister and by extension a Government from power from a two-third vote in the Senate to a simple majority.

As this will necessitate an alteration to the Constitution of Pulias, this bill will only be deemed to have passed the Senate if it receives the support of two-thirds of votes cast. At that point, if the Emperor grants Royal Assent, a referendum must be held to put the question to the voters of Pulias directly.

It is my hope that the Emperor will agree to hold this referendum on the same day as the Rights and Freedoms referendum, to save the public purse and the patience of the voters.

I commend the bill to the chamber, and I move that the bill be heard for the first time.



Constitution Alteration (Confidence) 1833 - Long Title

An Act to alter the Constitution to empower the Senate to remove the Prime Minister with a majority vote


Be it enacted by the Emperor's Most Excellent Majesty, and the Senate of the Pulian Realm, with the approval of the electors, as required by the Constitution, as follows:

Section 1: Short title

This Act may be cited as the Constitution Alteration (Confidence) 1833.​


Section 2: Commencement

This Act shall come into operation on the day on which it receives the Royal Assent.​


Section 3: Interpretation

In this Act, unless the contrary intention appears:

"question for the electors" means the question
"Do you approve the proposed law for the alteration of the Constitution entitled—'An Act to alter the Constitution to empower the Senate to remove the Prime Minister with a majority vote'?"​

"referendum" means the submission to the electors of the question for the electors;​


Section 4: Confidence

Section 11 of the Constitution is altered by omitting "two-third" and substituting "majority".​


Section 5: Writ for the referendum

At any time after the Constitution Alteration (Confidence) 1833 receives the Royal Assent, the Emperor may issue a writ for the submission to the electors of the question for the electors.​

Time left for debate: Ended due to fast-track motion.
Time left to vote: [TIMER="2015/08/21 19:20 UTC;Expired"][/TIMER]
 
Since two bills have now been presented to the Senate at the same time, it is important that Senators clearly state which bill they are debating.

In accordance with the Senate Voting Act 1822 there will be three days of debate, but if there is a wish from fellow Senators to fast-track one or both bill(s) I won't oppose it.

And as stated in the bill introductions, we in the Cabinet seek to hold the referendum on both these bills at the same time in the case both bills pass. ((This will speed things up from a game point of view.))

I can also announce that my Cabinet has an Orders Act 1833 ready to commend to the Senate when the proper voting and referenda have been held on these two constitutional amendments.

((Edit: OOC: In addition to all of this, I would like to give credit where credit is due because it is Melda who drafted the bills above - I just present them in my capacity as Prime Minister.))
 
I believe the adoption of these principles into our nation's governing document will lead a stronger and more stable society, one where the rights of all who dwell here in the Realm are protected. It is my sincere hope that entrenching these protections into the Constitution will lead us to never again experience such horror as was seen when certain groups were brutally targeted and castigated, with violence called upon them, as the rights of all men and women in Pulias will forever me be enshrined in law.
 
I propose that we play a turn. All in favor say "Aye"
 
I propose that we play a turn. All in favor say "Aye"

Is this a motion to fast-track the bills and begin voting? If so I support this, but two-thirds of Senators or party leaders in Senate must do so before voting can officially begin which means you need three more Senators or Senator Barnard with you.
 
Like Gurra, I'll support motions to commence voting on bills.
 
OOC: Hello, I have just binge read this entire thread, and I want to contribute as a newspaper. I am more of a religious figure condemning the problems of society than being in any of the established categories.

And here's a question: Do newspaper sway POP opinion? I think it would be cool if the media did, like how modern media sways people's opinion of the world.


The Zealot

The National Malaise

I do not come to talk about grand things such as Heaven and Hell and the end of days as other messengers of the faith have. I come to talk about this life in all of its glory. We have lived to see great changes in technology and society. The appearance of the difference engine and the election of women to office is proof of that. And we are a young nation so we will live to see more changes still. But have these changes made our lives anymore meaningful? Has socialism brought us what we truly desire?

I believe not. The workers work long hours still, nothing but cogs in the vast machine of industry and commerce. Do they interact with their fellow man? Can they? No, for they do not have the time. They are isolated from everyone, including their families. There is no word for this travesty but murder. I talk not of physical murder, though the unsafe conditions promoted by socialist policies in order to decrease costs does risk lives, but spiritual murder. Humans are meant to be connected together in community. God has made us into nations and families for us to support one another and bond with one another.

What has resulted is the erosion of a sense of community and connection to our fellow man. And when a society are full of people who feel little connection or obligation to one another, can they really be called a society anymore? Or just people who live in the same space?

I call upon the churches to be the ones to fix this malaise of the nation's soul. Establish and fund more volunteer organizations. Pay these volunteers to go out an interact with others, take on their problems and learn a sense of obligation to others. And after Mass hold more community events. Picnics, hiking in yet uncut down forests, perhaps even go fishing in yet untainted streams and rivers. Give people a chance to be together. I believe that God did not create humanity to nourish the loneliness of the individual, He created humanity to give the individual pleasure in being a part of something greater than himself.
 
With the Senate's two party leaders' support, in addition to Senators Huggins and Richterson, that means the fast-track motion passes and we now move on to voting. In accordance with the Senate Voting Act there will be 48 hours to vote.

Time left to vote on Constitution Alteration (Rights and Freedoms) 1833 and Constitution Alteration (Confidence) 1833: [TIMER="2015/08/21 19:20 UTC;Expired"][/TIMER]

OOC: Interesting with a new newspaper, jackelgull. I'm not sure what effects they have, cpm knows more about that, but it's always fun immersion roleplay-wise. :) You could have a character behind the newspaper who could run for Senate in case you change your mind and want to try the political side of things, and if you don't they can just be a reporter.
 
Well if we have a religious newspaper, should the politicians make known (or pretend everyone already knew) their religions? I can say that Richterson is very much an Atheist.
 
I vote aye to both measures.

----------

And I'm not sure about William's religious beliefs --- I'm sure he'd keep it to himself because he would be of the belief that faith should be a personal and private matter, not one broadcast to the world --- but since he supports religious tolerance let's go with him being godless. :)
 
OOC: Hello, I have just binge read this entire thread, and I want to contribute as a newspaper. I am more of a religious figure condemning the problems of society than being in any of the established categories.

I'm impressed the thread was interesting enough to warrant a binge-reading :p. Anyway, you're welcome to contribute newspapers , but initially they will have limited effect on POPs unless the articles a) address a specific issue and b) support a candidate (or oppose a candidate) on that issue. Over time, however, you could easily begin to sway people to your viewpoint on a specific topic (though of course please don't bombard the thread with newspaper articles!)

OOC: Oh, and as a result of the history we've collectively drawn up, the Emperor would probably be a nonpracticing Catholic (as he is a Hapsburg, but Pulias' government, including the monarchy, is secular in accordance with revolutionary ideals.)
 
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