Vetoed Emergency Legal Constitutional Correction

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Matthew100x

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Matthew100x
Matthew100x
Lawyer
Emergency Legal Constitutional Correction

A
Bill
To

To amend the constitution to allow Parliament to add or subtract supplemental policy for department ministers and allow Parliament to have the power to work with the judiciary.

The Parliament of Stratham enacts:

Section 1. Short Title

(1) This Act is the Emergency Legal Constitutional Correction

Section 2. Commencement

(1) All provisions will take effect immediately upon passing.

Section 3. Reasoning

(1) A lawsuit has recently popped up that made me realize that the constitution has a critical error in it. Though I was hasty and harsh, I would like to thank Dartanman for pointing this out. If not addressed, likely as much as 25% of all laws could be declared as an unconstitutional overreach of parliament power. This is not without good reason.

Parliament has had a long history of adding powers and responsibility to the different branches of law. Prior to the constitution, prominent examples would be the creation of the DoA and DoJ, entire ministries, even going so far as creating the first courts. Separation of powers was at this time unheard of, but slowly added. On August 23rd, 2019 the first appearance of a separation of powers clause was enacted by parliament and signed into the law. It stated “Parliament cannot give themselves power over the Executive branch nor can they take power away”. A court case that I decided on, affirmed the power of this section of the constitution.

In spite of this, Parliament still continually added power to the executive department or changed judicial policy. It could be said that Parliament has a cultural power over these departments, that while they cannot take away powers, they could add them. Parliament created the now defunct DoCR (Department of City Relations) and the original DoS without constitutional amendment. Parliament still views itself as having this power, as they alone have the power to proscribe things into law. Thus, this clause, among others, must be amended to keep many laws from being potentially declared unconstitutional.

Section 4. Changes to Section 1 | Legislative Branch: The Parliament

(1) Under Subsection 1 | Powers of Parliament, (II) The Parliament, Change: (D) May create, amend, and remove government departments & their powers as well as the positions within them. This can only be done through a constitutional amendment To: (D) May create, amend, and remove government positions & departmental powers as so long as they are not constitutionally protected. If they are constitutionally protected, Congress may, within reason, create additional powers or responsibilities and remove said power or responsibilities by law.

(2) Under Subsection 1 | Powers of Parliament, (II) The Parliament, Change: (J) May not give itself power over or take powers away from other branches of government. To: (J) May create, amend, and abrogate Judicial Policy with law, overriding Judge made policy.

(3) Under Subsection 4 | Process of Legislature, add: Once a vote is a cast, a Member of Parliament may not change their vote.

Section 5. Acknowledgment

Authored by Matthew100x on behalf of due diligence and a sane government.
 

Mickichu

Administrator
Staff member
Administrator
Minister of Public Affairs
Minister of Internal Development
Department of Agriculture
Department of Internal Development
Department of Public Affairs
Department of Construction
Mayor of Ocean City
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Mickichu
Mickichu
Public Affairs Minister
BILL VETOED

The following bill has been vetoed on the said grounds below:

[1] Section 4 (1) under subsection 1 | power of parliament (II) The Parliament change; the amended act refers to the legislative branch as congress which it is not and in fact a parliament which would then provide the constitution with incorrect wording of our legislature along with this the bills section would give an immense amount of power to parliament in compelling departments ministers and the executive as a whole which could be seen as a breach of the roles of Separation of powers.

[2] (2) under subsection 1 | Powers of Parliament (II) the parliament change: parliament should not have the right to overturn a precedent set in law this should be up to the courts to decide if old law set by precedent is invlaided through a judicial review or legal action to challenge said law. allowing such power could give the legislature power to overrule the courts decision making process deeming the branch to be invalid in delivering judicial verdicts on interpretation of law and could once again be seen as a step over the line of Separation of powers.
 
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