Bill: Pending P.B. 03-008 | Powers of Members of Parliament Act

Capt11543

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Capt11543
Capt11543
Prime Minister
Joined
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135
A
BILL
TO

Amend the Constitution to clarify the powers and responsibilities of Members of Parliament and Cabinet Ministers​

1 - About this Act
(1) This Act
(a) may be cited as the Powers of Members of Parliament Act.​
(b) may be numbered as P.B.03-008.​
(c) shall be enacted upon passing a referendum to amend the Constitution.​
(d) has been authored by Prime Minister Capt11543.​
(e) has been co-sponsored by Member of Parliament ImzaKRD.​

2 - Amendments to the Constitution
(1) Article 3 of the Constitution shall be amended in the following manner:

3. Powers of Parliament
The Parliament has the following powers:
Parliament is exclusively granted the powers enumerated below. Any Member of Parliament may initiate an exercise of one of these powers by appropriate procedural means. The powers enumerated below are exercised by simple majority vote, unless otherwise provided.


{spoiler=Powers of Parliament}
(1) Legislative Power: Parliament has the authority to create, amend, and repeal laws (“Acts of Parliament”).

[...]

(4) Power to Amend the Constitution: Parliament can initiate constitutional changes through referenda under the terms of Article 23 of this Constitution.

[...]

(7) Power to Impeach: Parliament has the authority to remove Executive, Legislative, and Judicial Officers for misconduct by supermajority vote.

[...]

(9) Power to Declare War: Parliament has the power to declare war and authorize military engagement by supermajority vote.

(10) Power to Govern Itself: Parliament may enact provisions (e.g. Standing Orders) to govern its internal procedures and establish standards of decorum, subject to oversight by the Judiciary to ensure compliance with the Constitution. Such provisions are not laws.
{/spoiler}


(2) The following new Article shall be inserted following Article 3:

3a. Restrictions on the Powers of Parliament
The following restrictions shall apply to the powers granted to Parliament under Article 3:

(1) Parliament may not by law limit or delegate the authorities exclusively granted to it by the Constitution.

(a) Parliament may by law grant itself additional authorities (e.g. the authority to issue binding directives to Ministries), so long as those authorities are consistent with the Constitution.
(b) Parliament may require that an Act of Parliament must be amended by a share of votes greater than a simple majority, if and only if the same elevated share of votes was required to pass the Act.

(2) Parliament may not authorize ex post facto civil or criminal action in court, nor may it enact bills of attainder.

(3) Article 10 of the Constitution shall be amended in the following manner:

10. Ministers
A Minister is a Member of Parliament who is appointed by the Prime Minister, through a government proposal, to lead a specific government ministry portfolio. A Minister is responsible for implementing policies, managing public services, and making decisions within their delegated areas of responsibility.

{spoiler=Responsibilities and Powers of Ministers}
[...]

(2) Legislative Power: Ministers can propose, introduce, and advocate for legislation related to their portfolio in Parliament.

(2) Legislative Duties: Ministers are responsible for representing their ministry in Parliament and advancing legislation related to their Ministerial portfolio.
(a) No part of this Article shall be construed to grant Ministers exclusive authority over advancing legislation related to their portfolio, nor shall it be construed to deny other Members of Parliament the ability to advance legislation related to any Minister's portfolio.

[...]
{/spoiler}”
 
Last edited by a moderator:
Labour/Public Servants
Through Their Prime Minister Capt11543
Moves to Pass
The Powers of Members of Parliament Act​

Parliament notes:
(1) The Constitution is not clear as to the scope of the legislative authority of Members of Parliament. In particular, there is a prevalent theory that only Ministers are permitted to introduce legislation, and that each Minister may only introduce legislation that is relevant to their Ministerial portfolio.
(2) Parliament does not believe that such a restriction is reasonable.

Based on this, Parliament decides:
(1) To clarify the terms of the powers of Members of Parliament, establishing that all Members of Parliament are equally able to initiate the exercise of any power granted to Parliament.
(2) To clarify that Ministers have no special authority over legislation related to their portfolio.

To fulfil this, Parliament projects the following expenses:
(1) Expenses related to running a Constitutional referendum election.

Further, Parliament projects the following administrative efforts:
(1) If this bill passes Parliament, the Ministry of Internal Affairs will need to run a Constitutional referendum election.

To implement the above, Parliament passes:
A
BILL
TO

Amend the Constitution to clarify the powers and responsibilities of Members of Parliament and Cabinet Ministers​

1 - About this Act
(1) This Act
(a) may be cited as the Powers of Members of Parliament Act.​
(b) may be numbered as P.B.03-008.​
(c) shall be enacted upon passing a referendum to amend the Constitution.​
(d) has been authored by Prime Minister Capt11543.​
(e) has been co-sponsored by Member of Parliament ImzaKRD.​

2 - Amendments to the Constitution
(1) Article 3 of the Constitution shall be amended in the following manner:

3. Powers of Parliament
The Parliament has the following powers:
Parliament is exclusively granted the powers enumerated below. Any Member of Parliament may initiate an exercise of one of these powers by appropriate procedural means. The powers enumerated below are exercised by simple majority vote, unless otherwise provided.


{spoiler=Powers of Parliament}
(1) Legislative Power: Parliament has the authority to create, amend, and repeal laws (“Acts of Parliament”).

[...]

(4) Power to Amend the Constitution: Parliament can initiate constitutional changes through referenda under the terms of Article 23 of this Constitution.

[...]

(7) Power to Impeach: Parliament has the authority to remove Executive, Legislative, and Judicial Officers for misconduct by supermajority vote.

[...]

(9) Power to Declare War: Parliament has the power to declare war and authorize military engagement by supermajority vote.

(10) Power to Govern Itself: Parliament may enact provisions (e.g. Standing Orders) to govern its internal procedures and establish standards of decorum, subject to oversight by the Judiciary to ensure compliance with the Constitution. Such provisions are not laws.
{/spoiler}


(2) The following new Article shall be inserted following Article 3:

3a. Restrictions on the Powers of Parliament
The following restrictions shall apply to the powers granted to Parliament under Article 3:

(1) Parliament may not by law limit or delegate the authorities exclusively granted to it by the Constitution.

(a) Parliament may by law grant itself additional authorities (e.g. the authority to issue binding directives to Ministries), so long as those authorities are consistent with the Constitution.
(b) Parliament may require that an Act of Parliament must be amended by a share of votes greater than a simple majority, if and only if the same elevated share of votes was required to pass the Act.

(2) Parliament may not authorize ex post facto civil or criminal action in court, nor may it enact bills of attainder.

(3) Article 10 of the Constitution shall be amended in the following manner:

10. Ministers
A Minister is a Member of Parliament who is appointed by the Prime Minister, through a government proposal, to lead a specific government ministry portfolio. A Minister is responsible for implementing policies, managing public services, and making decisions within their delegated areas of responsibility.

{spoiler=Responsibilities and Powers of Ministers}
[...]

(2) Legislative Power: Ministers can propose, introduce, and advocate for legislation related to their portfolio in Parliament.

(2) Legislative Duties: Ministers are responsible for representing their ministry in Parliament and advancing legislation related to their Ministerial portfolio.
(a) No part of this Article shall be construed to grant Ministers exclusive authority over advancing legislation related to their portfolio, nor shall it be construed to deny other Members of Parliament the ability to advance legislation related to any Minister's portfolio.

[...]
{/spoiler}”
 
Last edited by a moderator:
AMENDMENT 01
Immediately following the submission of this Amendment, the Powers of Members of Parliament Act shall be amended in the following manner:

"2 - Amendments to the Constitution
(1) Article 3 of the Constitution shall be amended in the following manner: manner described below. (Note to the Clerk: Curly braces are used to denote spoiler tags so as to better manage the formatting for this Act.)
[...]
(2) The following new Article shall be inserted following Article 3:
"3a. Restrictions on the Powers of Parliament
(1) Parliament may not by law limit or delegate the authorities exclusively granted to it by the Constitution.
[...]

(b) Parliament may require that an Act of Parliament must be amended
or repealed by a share of votes greater than a simple majority, if and only if the same elevated share of votes was required to pass the Act.

[...]
"
 
AMENDMENT 02
Should the associated Motion to Amend pass, the Powers of Members of Parliament Act shall be amended in the following manner:

"2 - Amendments to the Constitution
[...]

(2) The following new Article shall be inserted following Article 3:

"3a. Restrictions on the Powers of Parliament
The following restrictions shall apply to the powers granted to Parliament under Article 3:

(1) Parliament may not by law limit or delegate the authorities exclusively granted to it by the Constitution.

[...]
(b) Parliament may require that an Act of Parliament must be amended or repealed by a share of votes greater than a simple majority, if and only if the same elevated share of votes was required to pass the Act.

[...]
"
 
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