la garçâ malpadert
Group: admins
(4379 posts total)
(last post: March 13, 2008 - 16:29)
Citizen #22:
Miestrâ Schivâ | > > > G. V. 3rd Constitutional Draft - Amendment 7
> > >
> > > The last sentence of §1.4.18 invites abuse and trouble: who gets to define "common danger"? And let's define "common danger".
> >
> > No. Common danger pretty much defines itself. And if they're any question down the line, it gives the High Court something to interpret. Name a constitution in which every term is defined IN the constitution. I'll wait.
>
> Ben Madison would have defined "common danger" as "Chris Gruber". Yes, the Uppermost Cort of that time would have struck him down, but what if the Cort was populated by Ken Oplinger (who voted MN in the last Kingdom election), Mark Hamilton, and, say, Dan Lorentz?
Let's put it this way, Göd - if all the branches of government are stacked with crooks and power-hungry tyrants, then it doesn't matter what's in the text of the Constitution anyway since they'll just ignore it. :) Check out the USSR constitution of 1936 - that was watertight-democratic, on paper anyway.
> > > The final dependent clause of §1.4.19 is ambiguous. What are the implied "duties"?
> > >
> > > Therefore the phrase "but implies duties" shall be stricken from §1.4.19, which shall now read thusly: "The right to ownership of and the protection of property shall be guaranteed."
> >
> > Why? "Vague" is not a reason to strike or redefine passages.
>
> Yes, it is when necessary. What are the "implied duties"?
If we take all the ambiguity out of the Constitution, whatever will our High Court do for its living? :)
> > > G. V. 3rd Constitutional Draft - Amendment 10
> > >
> > > §2.1.1 shall be stricken in its entirety and replaced with the following:
> > >
> > > §2.1.1a: The President of the Republic (in the national language: el Prüm Citaxhien) is the Head of State of the Republic and the defender of the Constitution.
> > >
> > > §2.1.1b: The Deans of the Provisional Governing Council shall be recognized as having been Heads of State.
> >
> > Fine. No problem there.
>
> Well, at least I got one second. :-)
Firstly, this is an exceedingly minor amendment, so it was not put to a vote. Secondly, I don't think it's worth putting in the Constitution at all - surely this is just a question of "convention", that will be decided by historical usage. The Committee will decide in the "final tidy" phase whether this is worth putting in the Final Draft or not. I will vote "no", but I will continue to regard the Deans as being our first Heads of State whatever happens.
Miestrâ Schivâ
"The Republic's Most Articulate Spokeswhatever" - R. B. Madison
A slave begins by demanding justice, and ends by wanting to wear a crown. |
