Bill: Draft P.B. 04-037 | Transfers of Power Act

[Capt11543]

A
BILL
TO
Clarify the Constitutional Process for Transfers of Power​

1 - About this Act
(1) This Act

(a) may be cited as the "Transfers of Power Act"​

(b) may be numbered as P.B. 04-037​

(c) shall be enacted upon passing a Constitutional amendment referendum​

(d) has been authored by MP Capt11543​

(e) has been co-sponsored by Prime Minister McBrittle419.​

2 - Amendments to the Constitution
(1) A new section (11) shall be inserted into Article 3 — Powers of Parliament reading as follows:

​

"Power to Request Dissolution: Parliament may issue a binding request to the Monarch to dissolve Parliament early and call a general election when it has not vested confidence in a government."​

(2) Article 5 — Electoral Terms shall be amended in the following manner:

"[...]​

(3) Session Length. Parliamentary terms must be no longer than 90 days. Elections must be conducted no more than 2 days prior to the end of the term, and if not called before the 80th day, elections will take place on the 88th day. The Monarch shall dissolve Parliament and call a general election on the 91st day after a new Parliament convenes, unless an early dissolution is requested or required by this Constitution.​

(4) Voting System and Timeline. Members will be elected according to a proportional voting system defined by Parliament through law, following a schedule established by Parliament through law, provided that elections last no longer than 14 days."​

(3) The following new Article 5a — Dissolution of Parliament shall be inserted after Article 5 which reads the following:

"When Parliament is dissolved, all business ceases, all bills under consideration do not pass, and all Members are discharged from their seats. ​

The Speaker and Deputy Speaker remain in their positions to continue overseeing the administration of Parliament until Parliament convenes for a new term."​

(4) Article 8 — Election of the Prime Minister shall struck in its entirety and a new Article 8 — Formation of Goverment shall be introtuced in its place reading the following:

"(1) Parliament must vest confidence in a government by approving a government proposal with a simple majority vote.​

(2) A government proposal must name a Prime Minister, a Deputy Prime Minister, and a Minister to lead each Ministerial portfolio.​

(3) The Prime Minister and Deputy Prime Minister named in each government proposal must be sitting Members of Parliament.​

(4) Parliament must begin voting on a government proposal no more than 72 hours after convening for a new term, or withdrawing confidence in the sitting government. If Parliament rejects a government proposal, it must begin voting on a new proposal within 72 hours.​

(5) The Monarch shall dissolve Parliament early and call a general election if:​

(a) Parliament has not begun voting on a government proposal within the time frames set forth above;​

(b) Parliament has not vested confidence in a government within 14 days of convening for a new term; or​

(c) Parliament requests an early dissolution during this process."​

(5) The current text of Article 12 — Confidence of Parliament shall be replaced with the following:

"The government must maintain the confidence of Parliament to govern. If Parliament passes a motion to withdraw confidence in the government, it must vest confidence in a new government or request an early dissolution from the Monarch."​

(6) Article 13 — Minority Government shall struck in its entirety and a new Article 13 — Transfers of Power shall be introtuced in its place reading the following:

"When Parliament is dissolved or withdraws confidence in the government, the sitting government shall retain their positions until Parliament vests confidence in a new government. When Parliament vests confidence in a new government, all Ministers in the outgoing government are discharged from their Cabinet positions, and the new government takes office immediately."​

(7) The current text of Section (6) of Article 19 — The Monarch shall be replaced with the following:

"Parliamentary Powers. When required by the Constitution, the Monarch formally dissolves Parliament and issues a binding decree calling for a general election. The Monarch shall summon Parliament to convene for a new term no less than 72 hours after the publication of a general election result."​

 

[Capt11543]

Labour/Public Servants
Through Their Member of Parliament Capt11543
Moves To Pass
The Transfers of Power Act​

Parliament notes:
(1) The meaning of "dissolving Parliament" is not clearly defined in the Constitution, leading to diverging interpretations within the community.
(2) Consequently, the mechanics of power transfers have been loosely defined, and future players would benefit from having those rules codified.
(3) The coalition negotiation process plays out almost entirely behind closed doors, and has no time limit, leaving Parliament vulnerable to long-term paralysis immediately following an election.
(4) The Prime Minister having the unilateral authority to request the dissolution of Parliament leaves the process open to political abuse; snap elections should be a last resort when political deadlock proves insurmountable.

Based on this, Parliament decides:
(1) To codify the base rules of transfers of power in the Constitution.
(2) To guarantee administrative continuity in the government and Parliament during elections.
(3) To ensure that Parliament's confidence is affirmatively vested by requiring government proposals to pass a simple majority vote before the Cabinet members can take office.
(4) To vest the power of early dissolution in Parliament, and increase the friction required to trigger early dissolution.

To implement this, Parliament projects the following expenses:
(1) The typical expenses required to run elections is unlikely to change.

Further, Parliament projects the following administrative efforts:
(1) Parliamentary procedures will need to be put in place to manage situations where confidence is not vested in a government.
(2) Significant efforts during government transitions to ensure continuity.

To implement the above, Parliament passes:

A
BILL
TO
Clarify the Constitutional process for transfers of power​

1 - About this Act
(1) This Act:

(a) may be cited as the "Transfers of Power Act"​

(b) may be numbered as P.B. 04-###​

(c) shall be enacted upon passing a Constitutional amendment referendum​

(d) has been authored by MP Capt11543​

(e) has been co-sponsored by Prime Minister McBrittle419.​

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

"3. Powers of Parliament
The Parliament has the following powers:

Spoiler: Powers of Parliament

[...]
11. Power to Request Dissolution: Parliament may issue a binding request to the Monarch to dissolve Parliament early and call a general election when it has not vested confidence in a government.

"

(2) Article 5 shall be amended in the following manner:

"5. Electoral Terms
[...]
3. Session Length. Parliamentary terms must be no longer than 90 days. Elections must be conducted no more than 2 days prior to the end of the term, and if not called before the 80th day, elections will take place on the 88th day. The Monarch shall dissolve Parliament and call a general election on the 91st day after a new Parliament convenes, unless an early dissolution is requested or required by this Constitution.
4. Voting System and Timeline. Members will be elected according to a proportional voting system defined by Parliament through law, following a schedule established by Parliament through law, provided that elections last no longer than 14 days."

(3) The following new Article shall be inserted after Article 5 which reads the following:

"5a. Dissolution of Parliament
When Parliament is dissolved, all business ceases, all bills under consideration do not pass, and all Members are discharged from their seats. The Speaker and Deputy Speaker remain in their positions to continue overseeing the administration of Parliament until Parliament convenes for a new term."

(4) The current text of Article 8 shall be replaced with the following:

"8. Formation of Government

1. Parliament must vest confidence in a government by approving a government proposal with a simple majority vote.
2. A government proposal must name a Prime Minister, a Deputy Prime Minister, and a Minister to lead each Ministerial portfolio.
3. The Prime Minister and Deputy Prime Minister named in each government proposal must be sitting Members of Parliament.
4. Parliament must begin voting on a government proposal no more than 72 hours after convening for a new term, or withdrawing confidence in the sitting government. If Parliament rejects a government proposal, it must begin voting on a new proposal within 72 hours.
5. The Monarch shall dissolve Parliament early and call a general election if:
   (a) Parliament has not begun voting on a government proposal within the time frames set forth above;
   (b) Parliament has not vested confidence in a government within 14 days of convening for a new term; or
   (c) Parliament requests an early dissolution during this process."

(5) The current text of Article 12 shall be replaced with the following:

"12. Confidence of Parliament
The government must maintain the confidence of Parliament to govern. If Parliament passes a motion to withdraw confidence in the government, it must vest confidence in a new government or request an early dissolution from the Monarch."

(6) The current text of Article 13 shall be replaced with the following:

"13. Transfers of Power
When Parliament is dissolved or withdraws confidence in the government, the sitting government shall retain their positions until Parliament vests confidence in a new government. When Parliament vests confidence in a new government, all Ministers in the outgoing government are discharged from their Cabinet positions, and the new government takes office immediately."

(7) Article 19 shall be amended in the following manner:

"19. The Monarch
[...]

Spoiler: Responsibilities and Powers of the Monarch

[...]

6. Parliamentary Powers. Dissolving the Parliament on the advice of the Prime Minister and issuing Electoral Writs to the electoral authority.
6. Parliamentary Powers. When required by the Constitution, the Monarch formally dissolves Parliament and issues a binding decree calling for a general election. The Monarch shall summon Parliament to convene for a new term no less than 72 hours after the publication of a general election result.

[...]

"